Terms of Service

Please read the following terms and conditions carefully. SeniorSite, currently located on the Internet at http://www.SeniorSite.com (the "Service") is an online information and communication service, operated by SeniorSite Inc. ("SeniorSite"). SeniorSite provides its service to you, subject to the following Terms and Conditions of Service ("Terms of Service"). By using SeniorSite's World Wide Web site or by registering as a member of the Service, you agree to be bound by these Terms of Service, which we may update without notice to you. Because the dynamic nature of the Internet may require such changes, we suggest that you check these Terms of Service (located at http://www.SeniorSite.com/about/terms.asp) from time to time for the most current version.

Membership
You are eligible to become a member of the Service if you are over 18. If you register with the Service as a member, you may have access to member-only services (e.g., chat, discussion forums, etc.). When using such services, you, as well as SeniorSite, shall be bound by these Terms of Service and any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

When registering as a member, you represent that you are 18 years of age or older and agree to provide truthful information about yourself as requested by the registration form and update the information to keep it truthful and current. If you do not provide truthful or complete information, or if SeniorSite has reason to believe that information is untruthful or incomplete, then SeniorSite may suspend or terminate your account.

Upon registering as a member of the Service, you will receive a user name and password. You are responsible for keeping your user name and password confidential and are fully responsible for all activity occurring under the use of your user name. You agree to notify SeniorSite immediately if there is an unauthorized use of your user name or password.

Conduct
By using the Service, or registering as a member, you agree to the following rules; failure to comply with these rules may lead to the cancellation of your membership and/or a denial of access to the Service.

Respect other users. You agree to abide by our Community Guidelines (located at http://www.SeniorSite.com/help/guidelines.html), which are hereby incorporated by reference into these Terms of Service. You may not post or transmit on the Service any defamatory, inaccurate, abusive, obscene, profane, vulgar, threatening, offensive or illegal material. SeniorSite has created certain areas on the Service that may contain adult content; you must be at least 18 years old to access such areas. You acknowledge that we do not screen user-created content before it is posted or transmitted, but we reserve the right in our sole discretion (but are not obligated) to review and edit, delete, or refuse to post any material submitted for display or placed on the Service, including bulletin boards, chat rooms, discussions, and/or emails.

 

You may use the Service for lawful purposes only. You may not post or transmit any material that violates the rights of others, infringes a person's intellectual property rights (such as copyrights, patents, or trademarks), is otherwise unlawful or encourages unlawful activity, or could give rise to civil liability. Posting or transmission of any material that violates any federal, state, or local law or regulation is prohibited, and we reserve the right to notify law enforcement authorities in such event.

 

You may not post or send advertising or other solicitations. You may not post any unsolicited or unauthorized advertising, promotions, junk mail, spam, chain letters, or any other form of solicitation.

 

Respect the security of our Service. You agree not to access, or attempt to access, other members' accounts, and you agree not to interfere with or disrupt the Service or any servers connected to the Service. You agree not to distribute any content that contains any viruses, trojan horses, worms, time bombs, cancelbots or other computer-programming routines that are intended to damage, interfere with, or intercept any data or personal information.

Privacy
The information you provide when you register and other information about you is subject to our privacy policy, which can be viewed at http://www.SeniorSite.com/about/privacy.asp.

Your Content
You are solely responsible for content you transmit or post using the Service. The content you distribute shall not infringe any third party's intellectual property rights or the rights of privacy or publicity of any third party.

Public Areas and Contests
A public area of the Service is any area where you may submit material ("Submissions") for viewing by others or where you may view Submissions of other Service members, such as bulletin boards, discussions, or chat rooms. By transmitting a Submission to any "public area" of SeniorSite.com, including message boards, discussions, contests, and chat rooms, you grant SeniorSite and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit other users of the Service to access, display, view, store, and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on SeniorSite retains any and all Rights that may exist in such content.

Similarly, by submitting content to any contests or to any public area of the service, you hereby expressly permit SeniorSite to identify you as the contributor of such content to the contest in any publication in any form, media, or technology now known or later developed in connection with the content, unless you otherwise notify SeniorSite in writing at the time you submit the content that you do not wish to be so identified.

Modifications
SeniorSite reserves the right to discontinue or modify any parts of the Service with or without notice to you.

Termination
We may terminate your membership and/or deny access to the Service if we learn that you have provided false or misleading registration information, interfered with our administration of our Web site, or violated these Terms of Service. Additionally, we may choose to remove any or all of the content you submit in connection with the Service at any time and without notice to you.

Third Party Links
SeniorSite may provide links to third party sites (including the sites of our business partners). SeniorSite is not responsible for the content of any other site linked to from our site.

Disclaimer of Warranties

Information on SeniorSite.com, including chats and message boards, is not intended to be a substitute for the services or advice of professionals in any field, including, but not limited to, medical, financial, or legal matters. In particular, you should consult your own physician or other medical, legal, or financial professional for the diagnosis and treatment of health problems, diseases, or injuries or with any questions or concerns you may have regarding your physical, legal, or financial condition or situation.

Although great care has been taken to ensure the accuracy of the drug information presented, the reader is advised that SeniorSite.com cannot be responsible for the continued currency of the information or for any errors, omissions, or the application of this information or for any consequences arising therefrom. Therefore, the author(s) and SeniorSite.com shall have no liability to any person or entity with regard to claims, loss, or damage caused or alleged to be caused, directly or indirectly, by the use of information contained herein.

Information provided by SeniorSite.com about extended-care providers is not intended to be a recommendation for or against any extended-care provider. SeniorSite.com makes no warranties with regard to the licensed programs or the data provided. All information about the extended-care providers has been obtained from extended-care providers themselves or a publicly available source.

THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. SENIORSITE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NEITHER SENIORSITE NOR ANY OF ITS AFFILIATED COMPANIES NOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER SENIORSITE NOR ANY OF ITS AFFILIATED COMPANIES NOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU ACKNOWLEDGE THAT NEITHER THE SERVICE, NOR ANY OF THE INFORMATION PROVIDED ON THE SERVICE, CONSTITUTES, OR IS INTENDED TO CONSTITUTE, TAX, ACCOUNTING, LEGAL, MEDICAL, OR ANY OTHER PERSONAL ADVICE. ALTHOUGH THE SERVICE MAY PROVIDE ACCESS TO INFORMATION, RESEARCH, AND/OR GENERAL RECOMMENDATIONS ABOUT A VARIETY OF TOPICS, SUCH INFORMATION, RESEARCH, AND/OR GENERAL RECOMMENDATIONS SHOULD NOT BE CONSTRUED AS AN OPINION REGARDING THE SUITABILITY FOR YOU OR ANY OTHER PERSON. YOU AGREE TO MAKE YOUR OWN INDEPENDENT EVALUATION OF THE INFORMATION AS APPLIED TO YOU. NO INFORMATION OBTAINED FROM SENIORSITE, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE.

SENIORSITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SENIORSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SeniorSite's Proprietary Rights
The contents of this Web site are the property of SeniorSite and/or its licensors and are protected by copyright, trademark, and other intellectual property laws. SeniorSite makes the Service available to you for your personal use only and on the express condition that you do not copy, modify, create a derivative work of, reverse engineer, revise, assemble, or otherwise attempt to discover any source code; or sell, assign, sublicense, grant a security interest in, or otherwise transfer any of the contents of this Web site or the software used to deliver this Web site to you--except that you may download one copy onto a single computer or make one print copy for your personal, non-commercial use.


Indemnity
You agree to indemnify and hold harmless SeniorSite and its affiliates, officers, agents, co-branders or other partners, and employees from any third party claim or demand (including actual attorneys' fees) due or relating to your use of the Service, your violation of these Terms of Service, or content you submit to or post on the Service.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the SeniorSite Site, such as text, graphics, images, information obtained from SeniorSite’s licensors and other material ("Content") contained on the SeniorSite Site is for informational 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 provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the SeniorSite Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. SeniorSite does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by SeniorSite, SeniorSite employees, others appearing on the Site at the invitation of SeniorSite, or other visitors to the Site is solely at your own risk.

The Site may contain health or medical related materials which you find sexually explicit or otherwise offensive. SeniorSite, its licensors and its suppliers have no control over and accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.

All of the information from SeniorSite, Inc., is meant for general health information purposes only, and is not intended to be medical or pharmaceutical advice or otherwise take the place of your doctor's orders, or to diagnose or treat your specific health problems. These recommendations are not a substitute for professional medical advice, diagnosis or treatment.

Before acting on any information from Ask The Experts and SeniorSite, Inc. or their agents or employees, you agree to thoroughly review and discuss any such information with all of your attending medical practitioners to be sure that these recommendations are appropriate for you, based on your personal medical history, current medications, lab results, and physical level of functioning. You have permission to distribute any information you receive or obtain from SeniorSite, Inc. to all of your health care providers. Suggestions can be highly individualized and are based on many factors that differ from person to person. For that reason, reprint and/or distribution of these materials to any person or persons other than your health care providers is not permitted.

You understand and agree that all recommendations are provided through Ask The Experts and SeniorSite, Inc., and that Ask The Experts and SeniorSite, Inc. bear no personal or legal responsibility for any advice or for any consequences thereof. You are willing to personally accept the risks inherent with your healthcare, and understand that risks may be involved due to errors or omissions on the part of SeniorSite, Inc., which may be caused by incomplete or incorrect information given by you, or by any other reason.

You hereby release Ask The Experts and SeniorSite, Inc., its agents and employees, all affiliates, editorial providers and contributors and web service providers and others for any and all claims, demands, damages, actions, causes of action , suits in equity, and liability of whatever kind or nature, including negligence. This release is intended to cover, without limitation, personal, bodily or property injury of any kind.

You agree never to disregard professional medical advice or delay seeking it because of any information you ever receive or have ever received from SeniorSite, Inc.

If you have a medical emergency, you understand that you should immediately phone 911 or contact your medical practitioner.

You agree that all the information contained in the ANSWERS from experts who contribute to "Ask the Experts" section of SeniorSite.com, and everything included in the INDEX attached to this Website, is not to be considered a substitute for your physician/health professional and that these are only general guidelines to help you think about the medical possibilities. you agree to consult your own health care provider with any questions concerning your condition. you also agree not to hold anyone connected with "Ask the Experts" and SeniorSite.com responsible for any consequences arising from answers posted on this Website or on any of the newsgroups, forums and bulletin boards which carry the information provided here.

The treatment for any patient always varies from the medical treatment information obtained from other sources, due to the actual condition and/or complications of that patient, so you should always consult your own physician before using any medically related information presented at this site or elsewhere. It is understood that you need to visit with your own healthcare provider, in order to reach a diagnosis for treatment.

By using this web site, you agree to hold harmless, and shall not seek remedy from, the owners of this web site, or its advertisers and, they shall disclaim all liability to you for damages, costs and expenses, including legal fees because of your reliance on anything derived from this web site or its contents, and furthermore assumes no liability for any and all claims arising out of said use... regardless of the cause, effects, or fault directly or indirectly.

Information contained within is intended solely for general educational purposes. The information contained in this Website is not intended nor implied to be a substitute for professional medical advice relative to your specific medical condition or question. ALWAYS seek the advice of your physician or other health provider for any questions you may have regarding your medical condition. Information provided in this Website DOES NOT constitute a doctor-patient relationship between you and any physicians affiliated with SeniorSite.com. SeniorSite.com does not warrant the accuracy, completeness or correctness, timeliness, or usefulness of any information contained herein. In no event will SeniorSite.com or any "Expert" on this Website be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through this Website. You will hold SeniorSite.com harmless for liability from any such actions or decisions taken by you in reliance upon such information. The materials provided in this Website are copyrighted and may be downloaded and or reprinted for PERSONAL USE ONLY. Permission to reprint or electronically reproduce any document, tradename, logo or other graphic in whole or part for any other reason is expressly prohibited, unless prior written consent is obtained from SeniorSite.com. SeniorSite.com takes every precaution to insure that the responses in this Website are from qualified medical doctors.

CHILDREN’S PRIVACY.
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 CONTENT.
SeniorSite authorizes you to view or download a single copy of the material on the SeniorSite Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 1998 - 2003, SeniorSite Inc. All rights reserved" and other copyright and proprietary rights notices which were contained in the Content. Any special rules for the use of certain software and other items provided on the SeniorSite 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 SeniorSite 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 SeniorSite. All rights not expressly granted herein are reserved to SeniorSite 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.

LIABILITY OF SeniorSite AND ITS LICENSORS.
The use of the SeniorSite Site and the Content is at your own risk.
When using the SeniorSite Site, information will be transmitted over a medium which is beyond the control and jurisdiction of SeniorSite and its suppliers. Accordingly, SeniorSite 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 SeniorSite Site.

The SeniorSite Site and the content are provided on an "as is" basis. SeniorSite, ITS LICENSORS, AND ITS SUPPLIERS, 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, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, SeniorSite, its licensors and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, currentness or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the SeniorSite Site or SeniorSite.

The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the SeniorSite Site.

In no event shall SeniorSite, its licensors, its suppliers or any third parties mentioned on the SeniorSite Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the SeniorSite Site or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not SeniorSite is advised of the possibility of such damages.

SeniorSite shall be liable only to the extent of actual damages incurred by you, not to exceed U.S.$1000. SeniorSite is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content or Public Area (as defined below). Any claims arising in connection with your use of the Site, any Content or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. 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 infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant--or warrant that the owner of such content has expressly granted--SeniorSite a royalty-free, perpetual, irrevocable, world-wide nonexclusive license 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, format or forum now known or hereafter developed. SeniorSite may sublicense its rights through multiple tiers of sublicenses.

SeniorSite Member to Member Areas ("Public Areas").
If you use an Public Area, you are solely responsible for your own communications, the consequences of posting those communications and your reliance on any communications found in the Public Areas. WedMD is not responsible for the consequences of any communications 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:

• Using a Public Area for any purpose in violation of local, state, national, or international laws;
• Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
• Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by SeniorSite in its sole discretion;
• Posting advertisements or solicitations of business;
  After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
• Posting chain letters or pyramid schemes;
• Impersonating another person;
• Distributing viruses or other harmful computer code;
• Harvesting or otherwise collecting information about others, including email addresses, without their consent;
• Allowing any other person or entity to use your identification for posting or viewing comments;
• Posting the same note more than once or "spamming"; or
  Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of SeniorSite, exposes SeniorSite or any of its customers or suppliers to any liability or detriment of any type.

SeniorSite reserves the right (but is not obligated) to do any or all of the following:

Record the dialogue in public chat rooms.

Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

Remove communications which are abusive, illegal, disruptive, or that otherwise fail to conform with these Terms and Conditions.

Terminate a user’s access to any or all Public Areas and/or the SeniorSite Site upon any breach of these Terms and Conditions.

Monitor, edit or disclose any communication in the Public Areas.

Edit or delete any communication(s) posted on the SeniorSite Site, regardless of whether such communication(s) violate these standards.

SeniorSite reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. SeniorSite has no liability or responsibility to users of the SeniorSite Site or any other person or entity for performance or nonperformance of the aforementioned activities.

ADVERTISEMENTS AND LINKS TO OTHER SITES.
SeniorSite does not endorse the content on any third party websites. SeniorSite is not responsible for the content of linked third-party sites, sites framed within the SeniorSite 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 and subject to the terms and conditions of use for such sites. SeniorSite does not endorse any product advertised on the SeniorSite Site.

INDEMNITY.
You agree to defend, indemnify and hold SeniorSite, its officers, directors, employees, agents, licensors 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
You agree that the laws of the State of New York, without reference to its conflicts of laws rules, shall govern all matters relating to this Agreement. In any matter relating to your use of the Service, you and SeniorSite agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of New York, New York.

These Terms of Service constitute the entire agreement between you and SeniorSite and shall govern your use of the Service. These Terms of Service shall supercede any prior agreements between you and SeniorSite. You may also be subject to additional terms that may apply when you sue third party services or content. If any provision of these Terms of Service are found to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions and that the remainder of the Terms of Service will remain in full force and effect.