| Terms and Conditions of Use |
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By using this site, you signify that you have read and assent to these Terms and Conditions of Use. If you do not agree to follow all of the Terms and Conditions of Use, do not use this site. SeniorCareMD.com (SeniorCareMD) reserves the right to update these Terms and Conditions of Use at any time. Your continued use of the SeniorCareMD website means that you accept those changes. This site does not provide medical advice. The content of the SeniorCareMD site, including text, graphics, images, information obtained from licensors, and other material ("Content") contained on the SeniorCareMD site, are intended for informational and educational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding your medical condition. Never disregard professional medical advice or delay seeking it because of something you've read on the SeniorCareMD website. Use of Content SeniorCareMD authorizes you to view or download a single copy of the material on the SeniorCareMD website solely for your personal, noncommercial use. Any use of the Content must carry the copyright notice as follows: "©2008, SeniorCareMD.com, Inc. All rights reserved." Duplication of our Content for distribution by any means including on the Web is not allowed unless you obtain a content license from SeniorCareMD. Linking to our website, including links to individual pages of our website, is allowed. The Content is protected by copyright under United States and foreign laws. Title to the Content remains with SeniorCareMD 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 at the editorial discretion of SeniorCareMD. If you violate any of these terms and conditions your permission to use the Content automatically terminates, and you must immediately destroy any copies of any portion of the Content. Liability of SeniorCareMD and Its Licensors The use of the SeniorCareMD site and its Content is at your own risk. When using the SeniorCareMD site, information is transmitted over a medium which is beyond the control and jurisdiction of SeniorCareMD. Accordingly, SeniorCareMD assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the SeniorCareMD site. The SeniorCareMD site and the Content are provided on an "as is" basis. SeniorCareMD and its licensors, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, noninfringement of third-party rights, and fitness for a particular purpose. Specifically, SeniorCareMD makes no representations or warranties about the following: 1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of a site. 2. The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the SeniorCareMD site. In no event shall SeniorCareMD, its licensors, or any third party(ies) mentioned on the SeniorCareMD site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, and damages resulting from lost data or business interruption) resulting from the use or inability to use the site or the Content, whether based on warranty, contract, tort, or any other legal theory and whether or not SeniorCareMD is advised of the possibility of such damages. SeniorCareMD is not liable for any personal injury, including death, caused by the use or misuse of the site. Content or public areas must be brought within one year of the date of the occurrence of the event giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. User Submissions You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. You agree that any such submission is nonconfidential for all purposes. If you make such submission, you are warranting that the owner of such content has expressly granted SeniorCareMD a royalty free, perpetual, irrevocable, worldwide nonexclusive right to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form or format now known or hereafter developed. SeniorCareMD Live and Member-to-Member Areas ("Public Areas") If you use a Public Area, you are solely responsible for your own communications, the consequences of posting those communications, and reliance upon and communications found in the Public Areas. SeniorCareMD is not responsible for the consequences of any communication in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these terms and conditions: 1. Using the Public Area for any purpose in violation of local, state, national, or international law; 2. Posting material that infringes upon the intellectual property rights of others or on the privacy and publicity rights of others; 3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by SeniorCareMD in its sole discretion; 4. Posting advertisements or solicitations of business; 5. After receiving a warning, continuing to disrupt the normal flow of dialogue or posting comments that are not related to the topic being discussed; 6. Posting chain letters or pyramid schemes; 7. Impersonating another person; 8. Distributing viruses or other harmful computer code; 9. Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent; 10. Allowing any other person or entity to use your identification for posting or viewing comments; 11. Posting the same note more than once or "spamming"; or 12. Engaging in any other contact that restricts or inhibits any other person from using or enjoying the Public Areas or the site, or which in the judgment of SeniorCareMD, exposes SeniorCareMD or any of its sponsors or guests to any liability or detriment of any type. SeniorCareMD reserves the right but is not obligated to do any or all of the following: 1. Record the dialogue in public chat rooms; 2. Investigate the allegation that a communication does not conform to the terms of this Agreement; 3. Remove communications which are abusive, illegal, disruptive, and otherwise fail to conform with these terms and conditions; 4. Terminating user's access to any of the public areas or the SeniorCareMD site entirely upon any breach of these Terms and Conditions; 5. Monitor, edit, or disclose any communication in the Public Areas; 6. Edit or delete any communication posted on the SeniorCareMD site, regardless of whether or not such communication violates the standards. SeniorCareMD reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. SeniorCareMD has no liability or responsibility to users of the SeniorCareMD site or any person or entity for performance or nonperformance of the aforementioned activities. Advertising and Links to Other Sites SeniorCareMD does not endorse the content of any third-party website. SeniorCareMD is not responsible for the content of links, third-party sites, sites framed within the SeniorCareMD site or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk. SeniorCareMD does not endorse any product advertised on the SeniorCareMD site. Indemnity You agree to defend, indemnify, and hold SeniorCareMD, its officers, directors, employees, agents, licensers, and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees resulting from or alleged to result from your violation of these terms and conditions. General SeniorCareMD is based in Toms River, New Jersey, in the United States of America. SeniorCareMD makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the SeniorCareMD site from outside the United States, you do so at your own risk and you are solely responsible for compliance with the laws of your jurisdiction. All of the provisions of this agreement survive the expiration or termination of the Terms and Conditions for any reason whatsoever. Jurisdiction You expressly agree that exclusive jurisdiction for any dispute with SeniorCareMD or in any way relating to your use of the SeniorCareMD site, resides in the Courts of the State of New Jersey, and you further agree and expressly consent to the exercise of personal jurisdiction in the Courts of the State of New Jersey in connection with any dispute including any claim involving SeniorCareMD or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the laws of the State of New Jersey, without respect to its conflicts of law principles. If any provisions of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Complete Agreement Except as Expressly Provided in a Particular "Legal Notice" on the SeniorCareMD Site These Terms and Conditions constitute the entire agreement between you and SeniorCareMD with respect to the use of the SeniorCareMD site and Content. Your use of the SeniorCareMD site is also subject to the SeniorCareMD disclaimers and policies posted herewith. |