eSeniors Terms of Use Agreement

 

Welcome to eSeniors LLC!

 

• It is the dating service for single seniors to meet each other online or mail for users in South Florida and in the United States.

 

• By accessing the eSeniors website, all seniors agree to be bound by these Terms of Use (Agreement), whether or not you register as a member of eSeniors. If you (seniors) wish to become a member and make use of the eSeniors Services, please read these Terms of Use. The term "Website" is deemed to refer to using of the Service by means of a computer, a mobile device or a mobile application. All Seniors should also read the eSeniors Privacy Policy that is available on the eSeniors' Website. Please all seniors if you do not accept and agree to be bound by all of the terms of this Agreement, including the eSeniors Privacy Policy, do not use the Website or the Service. Please contact us with any questions regarding this Agreement.  eSeniors is the safest &                 ..

1. Acceptance of Terms of Use Agreement

 

• All seniors agree that Members of eSeniors may be part an online communication or telephone service for some members. As a result, all profiles or data on the Website may be viewable only eSeniors Official and approved Members to protect  personal information of our users and paying subscribers of the website may be able to communicate with other paying subscribers over the private eSeniors Email/ lived chat or may view picture (if available) other paying subscribers profile.The term Member/Subscriber means a person who provides information to eSeniors website or write to participate in the Service in any manner whether a senior uses the Service as a free member or a paying subscriber.This Agreement includes the eSeniors Privacy Policy, our Dating Advice/SafetyTips published on the website, and terms disclosed and agreed to all seniors if they become a subscriber or if they purchase or they accept additional services that we offer on the eSeniors website such as specific terms and terms governing features, billing, free trials, discounts and promotions.This Agreement is an electronic contract that establishes the legally binding terms all seniors must accept before using eSeniors website or call eSeniors LLC  and becoming a "Member."

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  By using our services or accessing the eSeniors website, all seniors accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please Contact Us or send a letter and self-addressed stamped envelope with sufficient postage to: eSeniors.com, P.O. Box 9604, Coral Springs, Florida 33075. This Agreement may be modified by the eSeniors Officials from time to time and all modifications to be effective upon posting by the eSeniors website.

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• By using the Service, all members consent to receive this Agreement in electronic form by using our services or USPS Mail. To withdraw this consent, all seniors must cease using our service and terminate their account.

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• 2. Safety                                                                                                                                                                        All members must agree to protect the interest or the safety of each other to eliminate all potential abuses among themselves whether physical, emotional, and financial abuses. All seniors with 80 + years must agree to meet with their potential partners face-to face in the FIRST MEETING in a public place (library, casino, restaurant, etc.). We urge all seniors to meet with their potential matches in a public place in the FIRST DATE. In addition, all seniors above 80 + years should  inform their children or families about their potential mates or sign a PRENUP before married to prevent future financial disaster or problem or to prevent all potential future litigation between member and children and to comply with Florida Status or other states laws. We are putting some extra steps to protect the safety of all female members. Now, we take all credit cards because eBay is our partner. We are selling you safe dating seniors. eSeniors LLC is the safest online dating for seniors. YOUR SAFETY IS FIRST!

• 3. Account Security

  All seniors are responsible for maintaining their confidentiality of the Username and Password  when communicating by email/chat/video chat. It is obvious to stay anonymous unstill all potential concerns have been addressed clearly. You are solely responsible for all activities that occur under your username and password. All Members agree to immediately notify eSeniors any disclosure or unauthorized use of their username or password or any other breach of security. It is critical to log out from  their account at the end of each session. All members are responsible for the content and information that they post, upload, publish, link to, transmit, record, display or otherwise make available to other Members such as emails, videos, photographs, voice notes, etc.). When eSeniors identify potential matches, we will contact each potential match separately. Until both parties feel ready to share their phone,  mumbers, eSeniors will not share any confidential information about the other party.

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• 4. Eligibility

  All Members must be at least 55 years of age to use and access our Service, but seniors' family above 21 years of age can ONLY access eSeniors website with permission from eSeniors Membership. All seniors must also be single or separated from their spouse to use the Service. Any use of the Service is void where prohibited. All seniors represent and warrant that they have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement by using and accessing eSeniors website. If a senior becomes a Member of eSeniors, he/she represents and warrants that he/she has never been convicted of a felony and that he/she is not required to register as a sex offender with any government entity. eSeniors DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, eSeniors reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.

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• All seniors may register as a Member at no cost. As a Member, seniors may use some features but not all services available within our services.  All seniors must be a paying subscriber to our services to access or use all features and services to communicate with other Members that are subscribers. The subscription policies that are disclosed to all seniors when they subscribe to our service are a part of this Agreement. Besides special promotion or offers, all seniors agree that if they are not a subscriber and they will not be able to use all the features and services available within the Service, including communicating with other Members. Non-subscribing Members will not be able to use the Service to communicate with any seniors. Whether subscriber or non-subscriber, member profile may remain posted on eSeniors data base if not deleted. All subscriber or non-subscriber member’s profile may not be viewed by no one.

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•  Matching System Criteria identified all potential matches for us based on answers ONLINE QUESTIONNAIRE on common interests and preferences or seniors can read their potential matches profiles and they can contact any members respectfully. All single seniors require to build a Preferred Relationship Profile by selecting all their mates preferences in our ONLINE QUESTIONNAIRE that explains clearly what type of soulmates that they are interested in and their preference choices. If interested, paying subscriber will begin to initiate communication through their own account/ selected method communication by using their credits available during their subscribing period to find their desired good matches for themselves.  

• 5. Term & Termination

  This Agreement will remain in full force and effect while members our services and/or are a Member.

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• All seniors may change or cancel their membership at any time, for any reason, by following the instructions below. Go to Contact US page. Send us a cancellation letter online. They may change or cancel their subscription at any time online or send a written notice of cancellation to eSeniors. P.O. Box 9604, Coral Springs, Florida 33075. We may ask them to provide the reason of their cancellation. Seniors will enjoy subscription benefits until the end of their current subscription commitment if they cancel subscription benefits. You will receive full payment after 3 days of paying subscriber. However, all seniors will be eligible for a refund of any portion of the subscription fees paid for the current subscription commitment if cancelled.

• Seniors who cancel their subscription will not automatically cancel their membership. All Members can remove their profile in our database at any time by contacting us at the above address or email us. Member may or may not pay a small deleting fee to remove some information in our partner database. However, Members who select any package do not need to pay any deleting fees. eSeniors LLC will pay the fees for them.

• eSeniors may terminate or suspend any subscription and/or membership in our service at any time without notice if eSeniors believes that member has breached this Agreement. Upon such termination or suspension, you will not be entitled to any refund of unused subscription fees and, if applicable, all unpaid subscription amounts and other fees you owe will immediately be due. eSeniors is not required to disclose any reason for the termination or suspension of any account. All seniors who find a compatible match through eSeniors LLC will not receive any refund, but she/he can return at any time for find other compatible matches or to enjoy our services.  Whoever received a given potential match, if he/she is not interested in continuing to talk with his/her previous given potential match, he/she can stop talk to him/her. He/she can enjoy all benefits for FREE until his/her period paying subscriber end. He/she can get in the game at any time. Any members who find a suitable match at eSeniors LLC and he/she is not eligible for any portion refund before ending the current subscription commitment.

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• All terms of this Agreement will survive such termination and will continue in full force and effect, except for any terms that by their nature expire or are fully satisfied after a membership or subscription is terminated.

• 6. Prohibited Activities

• eSeniors reserves the right to investigate and take appropriate legal action against anyone who violates those provisions below, (including removing the offending communication from the eSeniors website or Service.)

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• 1. Text that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual

• 2. Advocate harassment, stalking, or intimidation of another person on the phone

• 3. Abuse other member whether physical, mental, and financial abuses

• 4. Attach viruses, trojan horses, worms or other harmful, or disruptive codes, components or devices, etc.

• 5. Conduct all other activities that are protecting the privacy of the other member

• 6. Online bullying other members by email, etc.

• 7. Online trolling

• 8. Continue to communicate with any member who will be disinterested

• 9. Threaten other members, etc.

• 10. All others forms of activities deem to be illegal (fraud, crimes, etc...)

• 7. Non-commercial Use by Members

  The eSeniors website and services are for personal use only. Members may not use our service in connection with any commercial purposes such as  advertising or soliciting any user to buy, sell any products or services not offered by eSeniors, etc.. Users of the eSeniors website may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. eSeniors may investigate and take any available legal action in response to illegal and/or unauthorized uses of the eSeniors website.

• 8. Proprietary Right

• eSeniors owns all proprietary rights in its website and services, other intellectual property rights related thereto, etc.  All members agree not to not copy, modify, or create any derivative works from accessible information through the website without first obtaining the prior written consent of eSeniors.

• 9. Customer Service

• eSeniors provides assistance and guidance through its customer care representative. All members agree to not use abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive language, or to not otherwise behave inappropriately. eSeniors staffs are there for you to solve your problems.

• 10. Charges for Subscription

• eSeniors bills all paying subscriber through a manual account (a Cashier Check or Money Order sends to eSeniors LLC at P.O. Box 9604, Coral Springs, Florida 33075 for use of the service. A Billing Account will be created for each paying member. We take Debit and Credit Cards. eBay/PayPal is our independent contractor. Online payment is available now. An email or a text message confirmation will be sent to each paying subscriber. Each paying subscriber will receive a confirmation email or phone call or text message or mail after paying the selected plan on each account. All paying subscribers agree to pay eSeniors all charges at the prices that they agreed to for any use of the Service by subscriber or other persons (including your agents) by sending us a check at the above address and all subscribers  authorize eSeniors to charge them for services used. All paying subscribers agree to make payment using their preferred Payment Method. eSeniors may correct any billing errors or mistakes that it makes even if it has already requested or received payment.

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  All credits continue indefinitely to stay until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will not automatically continue unless you want too. PLAY BY PAY!  All paying subscribers can cancel their subscription at any time. All subscribers must provide current, complete and accurate information for your Profile Member Account and authorize us to obtain updated address to sent a partial refund check in 10 business days.

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• 11. Modifications to Service

• eSeniors reserves the right at any time to modify or discontinue, temporarily or permanently its website or the service with or without notice. All members agree that eSeniors shall not be liable to them or to any third party for any modification, suspension or discontinuance of the service and except partial refund if necessary.

• 12. Communications

• All seniors agree and consent to receive email messages from us or may be a phone call or text message when they become a Member. These emails may be transactional or relationship communications related to the service such as administrative notices and service announcements or changes. Telephone calls between subscribers and our customer care representatives may be recorded for quality assurance purposes.

• 13. Disclaimers

  All subscribers agree and acknowledge that eSeniors and third party partners are not responsible for and must not have any liability, directly or indirectly, for any loss or damage, including personal injury or death or financial loss, as a result of or alleged to be the result of any incorrect or inaccurate content posted on eSeniors website or contact provided in connection with the Service. All Members are solely responsible for their actions. And all others:

• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, eSeniors PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND DOES NOT GRANT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO ITS SERVICES OR ITS WEBSITES WHICH INCLUDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. eSeniors DOES NOT REPRESENT OR DOES  NOT WARRANT THAT YOUR USE OF ITS WEBSITES OR ITS SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. eSeniors  DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF ITS SERVICES.

 

• All Members will be solely responsible for and waive any and all claims and causes of any action with respect to any damage to their computers system, internet access, download or display device or loss or corrupted data that may result from of any material from eSeniors website or services. All materials download or obtained from this service are accessed at the Member own discretions and risks.

 

• All Members are not authorized to download or obtain any material from our service or used website if they do not accept this limitation of liability.

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   All third party content is the responsibility of the respective author thereof and should not necessarily be relied upon. Such third party author is solely responsible for his/her content. eSeniors does not guarantee the accuracy or usefulness of any third party content on the website or services. eSeniors will not be held accountable, responsible, and liable for any loss or damage resulting from all members reliance on information or other content posted on its website or service under no circumstances.

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• Any advice posted on the website or through the Service is for informational and entertainment purposes only and is not intended to replace for any professional medical, legal, or other advice. All members should consult with an appropriate trained and qualified professional if they have specific concern or situation arise in which requires professional, legal or medical advice.

• 14. Limitation on Liability

• TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY (eSeniors LLC), ITS BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

• 15. Arbitration and Governing Law

• The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the eSeniors Website shall be BINDING ARBITRATION administered by the American Arbitration Association. There is only one exception to the exclusivity of arbitration that you have the right to bring an individual claim against the (eSeniors) in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the eSeniors any class action, class arbitration, or other representative action or proceeding.

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  By using the eSeniors website or the services in any manner, you (all seniors) agree to the above arbitration agreement. In doing so, YOU/YOUR FAMILIES GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and eSeniors (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

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• Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the eSeniors (except for small-claims court actions) may be commenced only in the federal or state courts located in Broward County, Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

  This Agreement, and any dispute between you and the eSeniors, shall be governed by the laws of the state of Florida without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

• 16. Indemnity by Seniors

• You (seniors/subscribers) agree to indemnify and hold the eSeniors LLC and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or  phone contact or  email/chat/video chat or Content you post on the eSeniors website or as a result of the services, and the violation of any law or regulation by you. The eSeniors reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the eSeniors in connection therewith.

• 17. Notice

• The eSeniors may provide you (seniors) with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, phone call, chat, SMS, text message or postings on its website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the service in an authorized manner.

• 18. Entire Agreement or Other

• This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the eSeniors website, contains the entire agreement between you (seniors) and eSeniors regarding the use of its website and its service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of eSeniors to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your manual/online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. You have already received a copy of your ONLINE QUESTIONNAIRE by email/mail. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind eSeniors in this Agreement.

• 19. Complaints / Law Enforcement Contact

• To resolve a complaint regarding our services, you (seniors) should review our Frequently Asked Questions (FAQ) by clicking on the FAQ link located at the top of any page of the eSeniors website, or e-mail us by clicking on CONTACT US page. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to eSeniors via email  (eseniors5@gmail.com) or  P.O. Box 9604, Coral Springs, FL 33075.

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  This Agreement is subject to change by eSeniors at any time. If you (seniors) are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting or using on eSeniors website and your use of the service after such posting will constitute acceptance by you of the revised Agreement. If you are a paying subscribing Member at the time of any change, the then-existing Agreement will continue to govern your membership until such time that you renew your subscription. If you continue your paying subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the service after your termination will constitute acceptance by you of the Agreement.

      20. Special State Terms

  The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:

  You, the buyer, may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, email or mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: eSeniors LLC, Attn: Cancellations, P.O. Box 9604, Coral Springs, FL 33075. Please include your eSeniors username or membership profile account and email address in any correspondence or your refund may be delayed. If you cancel, eSeniors will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three day period, we will refund the full amount of your subscription.

  In the event that you die before the end of your paying subscription period or credits, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription or credit which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of eSeniors) before the end of your subscription period or credit, you shall be entitled to a refund of that portion of any payment you had made for your subscription or credit which is allocable to the period after your disability by providing the company notice at the same address as listed above.

  21. Your Interactions with Other Members

  YOU (seniors) ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE eSeniors COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. eSeniors LLC ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS or  DOES NOT MONITOR ITS MEMBERS COMMUNICATION WHATSOEVER. eSeniors  DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. eSeniors RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

  Cc: eSeniors is not responsible for the conduct of any of its Members. As noted in and without limiting Sections, in no event shall the eSeniors or its partners be liable (directly or indirectly) for any losses or abuses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the eSeniors website or service including, without limitation, financial abuses, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other members or persons you meet through the Service. You (seniors) agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the eSeniors website or meet in person, or if you decide to send money to another Member. In addition, you agree to review and follow the eSeniors' Dating Advice/Safety Tips, located on its website, prior to using the Service. You understand that the eSeniors makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to any Members.

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• GET IN THE  DATING GAME SENIOR!

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  Please Contact Us at  eseniors8@gmail.com or P.O. Box 9604, Coral Springs, FL 33075 with any questions regarding this agreement

 

 

           eSeniors LLC DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ANYONE