THIS IS A BINDING AGREEMENT
TERMS AND CONDITIONS
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE VIEWING THIS WEBSITE. PROCEEDING IN THE WEBSITE INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, ***DO NOT PROCEED IN THE WEBSITE.
AS USED IN THIS AGREEMENT, "WE", "US" OR "OUR" REFER TO THE ELDER PAGES ONLINE, A CALIFORNIA BUSINESS AND THE SPONSORING ORGANIZATION. "YOU" OR "YOUR" REFERS TO THE USER OF THIS WEBSITE.
1. WARNING. INFORMATION ONLY. NO PROFESSIONAL ADVICE
THE CONTENT CONTAINED IN THE WEBSITE, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, IMAGES, VIDEO, AUDIO, ANIMATIONS, AND INFORMATION OBTAINED FROM LINKS AND OTHER MATERIAL ("CONTENT"), IS INTENDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE CONTENT OF THE WEBSITE SHOULD NOT BE CONSIDERED MEDICAL, PSYCHOLOGICAL OR HEALTH CARE ADVICE. NOTHING IN THE WEBSITE IS INTENDED TO BE USED FOR DIAGNOSIS OR TREATMENT, OR TO SUGGEST A COURSE OF TREATMENT FOR A PARTICULAR INDIVIDUAL.
THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING READ, SEEN OR HEARD IN THE WEBSITE. THE INFORMATION RECEIVED IN THE WEBSITE SHOULD NOT BE USED IN THE PLACE OF A VISIT, CALL, CONSULTATION OR THE ADVICE OF A QUALIFIED PROFESSIONAL. YOU SHOULD NOT IGNORE ADVICE RECEIVED FROM A PROFESSIONAL THAT CONFLICTS WITH ANY INFORMATION PROVIDED ON THE WEBSITE.
INFORMATION OBTAINED FROM THE WEBSITE IS NOT EXHAUSTIVE, SHOULD NOT BE CONSIDERED COMPLETE, AND DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL OR EMOTIONAL CONDITIONS, OR THEIR TREATMENT. YOU SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL WITH ANY QUESTIONS REGARDING A CONDITION OR CONCERN.
THE CONTENT CONTAINED IN THE WEBSITE IS COMPILED FROM A VARIETY OF SOURCES ("INFORMATION PROVIDERS"). NEITHER ELDER PAGES ONLINE, NOR INFORMATION PROVIDERS DIRECTLY OR INDIRECTLY PRACTICE MEDICINE OR PSYCHOLOGY. NEITHER ELDER PAGES ONLINE, INFORMATION PROVIDERS NOR THE SPONSORING ORGANIZATION DISPENSE MEDICAL SERVICES AS PART OF THE WEBSITE.
You agree that all intellectual property rights in the Website are owned by Elder Pages Online and the sponsoring organization. This includes, but is not limited to, all graphs, graphics, photographs, texts, sounds, data, audio and video clips available on the Website. Without limiting the generality of the preceding sentence, the Website is copyrighted and is protected under United States and international copyright. Our copyright protection claim also includes all forms and matters of copyrightable material and information now allowed by statutory or common law or hereinafter granted, including, without limitation, material generated from the software websites that are displayed on the screen such as icons and screen displays.
Information received through the Website may be displayed, reformatted and printed for your personal non-commercial use only. You agree not to retransmit, disseminate, sell, publish, broadcast or circulate the information received through the Website to anyone without our prior, written permission.
3. WARRANTY DISCLAIMER
You acknowledge that, in connection with the Website, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control of Elder Pages Online and the sponsoring organization. Accordingly, Elder Pages Online and the Sponsoring Organization assume no liability for or related to the delay, failure, interruption, interception or corruption of any data or other information transmitted in connection with the Website. Elder Pages Online and the Sponsoring Organization and Information Providers cannot and do not guarantee or warrant that files available for downloading from the Website will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
Elder Pages Online and the Sponsoring Organization and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data or inability to access data. Elder Pages Online and the Sponsoring Organization and Information Providers do not warrant or guarantee that the functions or services performed on the Website will be uninterrupted or error-free or that defects in the Website will be corrected. Users of the Website are responsible for (a) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (b) maintaining a means external to Elder Pages Online and the Sponsoring Organization for the reconstruction of any lost data.
THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, USEFULNESS, ADEQUACY OR SUITABILITY OF THE CONTENT.
4. LIMITATION OF REMEDIES AND LIABILITY
NEITHER WE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE WEBSITE SHALL BE LIABLE TO YOU FOR ANY DAMAGES OF ANY TYPE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF ANY KIND INCLUDING ECONOMIC OR PERSONAL INJURY, OR LOSS OF ANY ANTICIPATED BENEFITS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH WEBSITE, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT TORT, OR UNDER ANY WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY ANY OTHER PARTY.
Some states do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusions or limitations of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
You are encouraged to use discretion while browsing the Internet on searches initiated at the Website either from Website links or from websites mentioned in the Website. Such Website links or websites may unintentionally lead to sites containing information that some people may find inappropriate or offensive. They also may lead to sites that contain inaccurate information, false or misleading advertising, or information that violates copyright, libel or defamation laws. We make no representations concerning any effort to review all of the content of sites for which links or websites are provided on the Website. We do not, in any way, operate, control or endorse any information, products or services provided by third parties on the Internet. The inclusion of any link or website address in the Website does not imply any endorsement by us but is for your reference and convenience only.
ELDER PAGES ONLINE AND THE SPONSORING ORGANIZATION RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Elder Pages Online and the Sponsoring Organization reserves the right to change, add, or discontinue sections of the Website as needed and without notice.
7. NO OTHER AGREEMENTS
Our agents, employees, distributors, and dealers are not authorized to modify this License or to make statements, representations, or terms binding on us. Accordingly, any statements, representations, or terms not made or given directly and expressly by us, such as dealer-advertising presentations, whether oral or written, are not binding on us.
(a) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-laws principles. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement shall be brought against any of the parties in Sonoma County Circuit Court of the State of California, or, subject to applicable jurisdictional requirements, in the United States District Court for the District of California, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to such venue.
(b) Severability. If any provision of this Agreement shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of this Agreement shall not be in any way impaired.
(c) Entire Agreement. This Agreement (including the documents and instruments referred to in this Agreement) constitutes the entire agreement with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT BY USING THE WEBSITE YOU ACKNOWLEDGE THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE. YOU FURTHER AGREE THAT THIS LICENSE IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS, NEGOTIATIONS, DISCUSSIONS, AND PROPOSALS, ORAL OR WRITTEN, AND ANY AND ALL OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS LICENSE.