ELDER OR NOT, LLC
TERMS AND CONDITIONS
We reserve the right to modify these Terms and Conditions at any time, in which case the revised Terms and Conditions will appear on the Site. Continued use of the Site after we post any such changes will constitute your acceptance of the Terms and Conditions, as modified.
Use of Content
EON authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: "©2012, Elder or Not, LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with EON or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of EON. All rights not expressly granted herein are reserved to EON and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Intellectual Property Rights
EON’s Limited License to You. This Site and all the materials contained on it are our property and/or the property of our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. We provide the Site for personal noncommercial use only. You may only use this Site and the materials on it as authorized by us. You may not use this Site or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use the Site (or any portion of the Site) for violation (whether repeated or not) of copyrights or any other rights belonging to us or a third party. Unless authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. Information about permission to reproduce or distribute materials from the Site can be obtained by e-mailing email@example.com.
Your License to EON. By posting or submitting any material (including, without limitation, text, photos, and videos) to the Site, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use; and (ii) that you are thirteen years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.
When you submit or post material, you grant to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address, or Member name, as we deem appropriate.
Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Site in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice by U.S. Mail to Robert Abrams, Esq., Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Einiger, LLP, 1111 Marcus Avenue, Suite 107, Lake Success, New York 11042. Please note that the contact information provided in this paragraph should only be used for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in these Terms and Conditions or on the Site.
Please include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed;(2) a description of the location of the allegedly infringing material on the Site;(3) your contact information, including your address, telephone number, and, if available, e-mail address;(4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Restrictions on Linking and Framing. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship of your site by EON. However, you may not frame or inline link to any of the content of the Site, or incorporate into another Web site or other service any of our material or intellectual property without the written permission of EON.
The Site Does Not Provide Legal, Health or Medical Advice
The contents of the Site, such as text, graphics, images, information obtained from EON's licensors, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for legal, health, medical or other professional advice, diagnosis, or treatment. Always seek the advice of your attorney, physician or other qualified professional with any questions you may have regarding a legal, health or medical matter. Never disregard legal, health, medical or other professional advice or delay in seeking it because of something you have read on the Site!
EON does not recommend or endorse any specific attorneys, physicians, professionals, tests, products, procedures, opinions, or other professional information that may be mentioned on the Site, including but not limited to, The Professional Wisdom Directory. Reliance on any information provided by EON, EON employees, others appearing on the Site at the invitation of EON, or other visitors to the Site is solely at your own risk.
The Site may contain legal, health or medical-related content that is of a mature nature. If you find these materials offensive, you may not want to use our Site.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Directories
The information contained in any directories that may be provided on the Site is provided for visitor information only. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. Neither we, nor our professionals, will be liable in any way with regard to such information.
Third-Party Web Sites
Certain sections of the Web Site may provide links to Third Party Web Sites (hereinafter the “Third-Party Site”), where you may be able to purchase online many different types of services or products that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any service or product provided by a third party. If you engage a professional linked to by the Site, the information obtained during your visit to that professional or Third-Party Site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the professional. A professional that offers or sells services or products through the Third-Party Site may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. For more information about a professional, its privacy policies, and/or any additional terms and conditions that may apply, visit that professional’s Third-Party Site and click on its information links or contact the professional directly. You agree that neither we nor our affiliates are responsible for any damages that you incur, and you will not assert any claims against us or them, arising from your purchase or use of any services or products made available by third parties through the Third-Party Site.
The EON Site may provide links to Third-Party Sites maintained by third parties. Any information, services or products provided on or through Third-Party Sites are controlled by the operators of such Third-Party Sites and not by us or our subsidiary companies. When you access these Third-Party Sites, you do so at your own risk.
THE INFORMATION, SERVICES AND PRODUCTS OFFERED ON OR THROUGH THE EON SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
EON DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEB SITE, INCLUDING MESSAGE BOARDS, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, SUBSCRIBERS, MEMBERS OR OTHER USERS OF THE MESSAGE BOARDS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER
EON DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THIS SITE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE SITE OR THIRD-PARTY SITES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR THIRD-PARTY SITES.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
Any financial information provided on the Site is for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Site should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume any and all risk for your use of financial information provided on the Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EON OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD PARTY SITE MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.)
IN NO EVENT WILL WE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR RELATED ONLINE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MESSAGE BOARDS OR OTHER INTERACTIVE FEATURES, OR OUT OF THE BREACH OF ANY WARRANTY.
IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Limitation of Liability
Thank you for your cooperation. We hope you find the elderornot.com site helpful and convenient to use!
Questions or comments regarding this website, including any reports of non-functioning links, should be submitted to firstname.lastname@example.org.
Dated: August 9, 2012