Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and 16th Street Holdings LLC dba AfterFifty, a California Limited Liability Company with its principal place of business at 1401 21st ST #10719 Sacramento, CA, 95811, US ("AfterFifty," "Company," "we," "us," or "our"), governing your access to and use of our website, services, and platform (collectively, the "Services").

By accessing, browsing, or using our Services in any manner, including but not limited to submitting information through our website, requesting quotes, or interacting with our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

We reserve the right to modify these Terms at any time without prior notice. Your continued use of our Services after any such modifications constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically for changes.

2. Description of Services

AfterFifty is in the business of generating and qualifying consumer leads for service providers. AfterFifty has developed and uses in its business a proprietary method for identifying, evaluating, and screening potential customers for its clients. Our Services include, but are not limited to:

• Identifying, evaluating, and screening potential customers using our proprietary methods and qualification standards
• Generating and qualifying consumer leads for licensed service providers and business clients
• Facilitating connections between users and third-party service providers via Live Transfer (real-time phone connections) and other delivery methods
• Collecting, processing, and transferring user information and inquiries as Qualified Leads
• Providing information about products, services, and opportunities
• Matching users with relevant professionals based on their needs, service requirements, and geographic location
• Operating a website and online platform for these purposes

Important: We are not a service provider ourselves. We do not provide the actual services that users may be seeking (such as stairlift installation, home mobility solutions, financial planning, or other professional services). We act solely as a lead generation and referral platform connecting users with third-party service providers. AfterFifty and its service provider clients are independent contractors; nothing in these Terms or in our business relationships shall be construed to create a partnership, joint venture, or agency relationship.

3. Key Definitions

The following terms have specific meanings as used in these Terms and our Privacy Policy:

• "Qualified Lead" means a potential customer contact that has been vetted by AfterFifty to meet our qualification standards before being transferred to a service provider client.
• "Live Transfer" means the process by which AfterFifty connects a Qualified Lead directly to a service provider client by phone in real time.
• "Confidential Information" means any information disclosed by AfterFifty, either directly or indirectly, in writing, orally or by inspection, including without limitation ideas, products, research, documents, trade secrets, software, algorithms, data, methods, know-how, sales and marketing plans, business and financial information, proprietary lead generation methods, client lists, and partner relationships, which would generally be regarded as proprietary and confidential.
• "Proprietary Information" means AfterFifty's proprietary methods, algorithms, processes, business strategies, pricing models, client relationships, and lead generation techniques.

4. User Information and Consent

4.1 Information Submission

When you submit information through our Services, including but not limited to your name, email address, phone number, zip code, service needs, or any other information, you represent and warrant that:

• All information you provide is accurate, current, and complete
• You have the legal right and authority to provide such information
• You are at least 18 years of age or have parental consent
• You will update any information that becomes inaccurate or outdated
• You understand that your information will be used to create a Qualified Lead that may be shared with one or more service provider clients

4.2 Consent to Contact

By submitting your information through our Services, you expressly consent and agree to:

• Receive communications from us, our clients, our partners, and third-party service providers through all available channels, including but not limited to email, telephone (including automated calls, prerecorded messages, Live Transfers, and text messages), postal mail, SMS, push notifications, and any other communication method now known or hereafter developed
• Be contacted regarding the specific service or inquiry you submitted
• Receive marketing communications, promotional materials, newsletters, special offers, and advertisements from us and our partners, even if you are on a "Do Not Call" registry or similar list
• Receive communications about related services, products, or opportunities, including those outside the scope of your original inquiry
• Have your information shared with third-party service providers, clients, partners, and businesses who may contact you directly
• Be connected via Live Transfer to service providers in real time

You understand that:

• Your consent to receive communications is not a condition of purchase or service
• You may opt out of certain communications, but this may not affect all communications (see Section 4.3)
• Third-party service providers who receive your information may have their own privacy policies and may contact you independently
• Even if you opt out of our communications, third parties may continue to contact you based on information we have shared with them
• AfterFifty owns all lead data and contact information submitted through our platform and reserves the right to use it for additional business opportunities

4.3 Opt-Out Rights

You may opt out of certain communications by following the instructions provided in our communications or by contacting us at hello@afterfifty.co. However:

• Opting out may not prevent all communications, particularly those related to active service requests or transactions
• Third-party service providers and clients may continue to contact you based on information we have already shared under our service agreements
• We may still send you transactional or legally required communications
• It may take a reasonable period of time to process your opt-out request

5. Lead Ownership

AfterFifty owns the contact information and all associated data for each Qualified Lead generated through its platform. AfterFifty reserves the right to contact users for additional services, marketing, or other business opportunities. AfterFifty may share lead data with multiple service providers, clients, or partners, and may transfer or assign lead data in connection with any business transaction, including mergers, acquisitions, or sales of assets. Your submission of information constitutes your acknowledgment and acceptance of AfterFifty's ownership rights over your lead data.

6. Third-Party Service Providers

Our Services involve connecting you with third-party service providers, professionals, and businesses. You acknowledge that:

• We do not endorse, guarantee, or warrant any third-party service provider
• We are not responsible for the quality, accuracy, safety, or performance of services provided by third parties, including installation quality, safety issues, or warranty claims
• We are not responsible for the actions, omissions, or conduct of third-party service providers
• Any agreements, transactions, or relationships between you and third-party service providers are between you and them, not us
• You are solely responsible for evaluating and selecting third-party service providers and should conduct your own due diligence
• We may receive compensation from third-party service providers for referrals, leads, or Live Transfers
• Our relationships with service provider clients are governed by separate contractual agreements, and AfterFifty and its clients are independent contractors

7. Confidentiality and Proprietary Information

All aspects of AfterFifty's business, including its proprietary methods for identifying, evaluating, and screening potential customers, its algorithms, data, software, business strategies, pricing models, client lists, partner relationships, and lead generation techniques constitute Confidential Information and Proprietary Information. By using our Services, you agree:

• Not to use any Confidential Information or Proprietary Information for any purpose other than engaging with our Services as intended
• Not to disclose, distribute, or make available any Confidential Information or Proprietary Information to any third party
• Not to reverse engineer, disassemble, decompile, or otherwise attempt to derive or reconstruct our proprietary methods, algorithms, or processes
• Not to use any information obtained through our platform in any way detrimental to AfterFifty or its business interests
• To take reasonable measures to protect the secrecy of any Confidential Information you may become aware of through your use of our Services

You acknowledge that due to the nature of AfterFifty's Confidential Information, there may be no adequate remedy at law for any breach of these obligations, and that any unauthorized use or release may result in irreparable harm. AfterFifty shall be entitled to seek appropriate equitable relief, including injunctive relief, in addition to whatever remedies it might have at law.

8. User Conduct and Prohibited Activities

You agree not to:

• Use our Services for any illegal, fraudulent, or unauthorized purpose
• Submit false, misleading, or inaccurate information
• Impersonate any person or entity or misrepresent your identity or affiliation
• Interfere with or disrupt the operation of our Services or servers
• Attempt to gain unauthorized access to our Services, systems, or data
• Use automated systems, bots, or scripts to access or interact with our Services
• Copy, reproduce, distribute, or create derivative works from our Services without permission
• Reverse engineer, disassemble, or decompile any part of our Services or our proprietary methods
• Violate any applicable laws, regulations, or third-party rights
• Harass, abuse, or harm other users, service providers, or third parties
• Transmit viruses, malware, or other harmful code
• Attempt to circumvent, disable, or interfere with any security features of our Services

9. Intellectual Property

All content, features, functionality, and materials on our Services, including but not limited to text, graphics, logos, images, software, code, proprietary methods, algorithms, and lead generation processes, are owned by us or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms is intended to grant any rights to you under any patent, trademark, or copyright of AfterFifty.

You may not use, reproduce, distribute, modify, or create derivative works from our content without our express written permission. You may view and download content for personal, non-commercial use only, subject to these Terms.

10. Disclaimers and Limitations of Liability

10.1 No Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AFTERFIFTY MAKES NO WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE INFORMATION PROVIDED THROUGH OUR SERVICES, INCLUDING LEAD INFORMATION, IS ACCURATE, COMPLETE, OR CURRENT. NOTWITHSTANDING THE FOREGOING, AFTERFIFTY DOES NOT EXCLUDE LIABILITY TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE EXCLUDED OR LIMITED BY LAW.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFTERFIFTY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AFTERFIFTY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO AFTERFIFTY (IF ANY) DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless AfterFifty (16th Street Holdings LLC), its affiliates, officers, directors, employees, agents, clients, partners, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your interactions with third-party service providers
• Any information you submit through our Services
• Any breach of the confidentiality or proprietary information obligations set forth in these Terms

12. Insurance

AfterFifty maintains such comprehensive insurance protection as shall be sufficient to satisfy its potential liabilities under these Terms. AfterFifty makes no representations regarding the insurance coverage maintained by third-party service providers or clients.

13. Termination

We reserve the right to suspend, terminate, or restrict your access to our Services at any time, with or without cause or notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, illegal, or harmful activity
• Requests by law enforcement or government agencies
• Discontinuation or modification of our Services
• Technical or security issues
• Breach of confidentiality or proprietary information obligations

Upon termination, your right to use our Services will immediately cease. However, provisions of these Terms that by their nature should survive termination will survive, including but not limited to confidentiality obligations, disclaimers, limitations of liability, indemnification obligations, lead ownership provisions, dispute resolution, and governing law. Your obligation to protect Confidential Information shall endure for a period of three (3) years after termination.

14. Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or our Services, the parties shall first attempt to resolve the dispute through good-faith negotiation for a period of thirty (30) days.

If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Venice, California. The arbitrator's decision shall be final and binding on both parties, and judgment on the award may be entered in any court of competent jurisdiction.

Each party shall bear its own costs and attorneys' fees in connection with the arbitration, unless the arbitrator determines otherwise. You waive your right to a jury trial and to participate in class action lawsuits.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law provisions. The parties hereby consent to the exclusive personal and subject matter jurisdiction of the state and federal courts located in the County of San Mateo, California, USA, in connection with any dispute related to these Terms.

16. Assignment

You may not assign these Terms or any rights or obligations hereunder without the prior written consent of AfterFifty. AfterFifty may assign these Terms, including all lead data and associated rights, without restriction in connection with a merger, acquisition, sale of assets, or other business transaction.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by any court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The parties or the court shall substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AfterFifty regarding your use of our Services and supersede all prior or contemporaneous agreements, understandings, representations, or communications, whether written or oral. These Terms may not be amended or modified except by a written update posted to our website.

19. Notices

All notices required or permitted under these Terms shall be in writing and shall be deemed delivered when sent by email to the addresses provided by each party. Notices to AfterFifty should be sent to hello@afterfifty.co.

20. Contact Information

If you have questions about these Terms, please contact us at:

16th Street Holdings LLC dba AfterFifty
1401 21st ST #10719 Sacramento, CA, 95811, US
Email: hello@afterfifty.co