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
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.
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
- 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
- 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
The information you provide when you register and other information about you is
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
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.
SeniorSite reserves the right to discontinue or modify any parts of the Service
with or without notice to you.
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
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.
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
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
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
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
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
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.
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
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.
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
- 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
- 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";
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
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.
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.