Terms of Use

Table of Contents

1. Acceptance of Terms
2. Violation of Provisions of these Terms of Use
3. General Restrictions
4. Modifications to Service/Content
5. No Commercial Use of Service/Content
6. Intellectual Property Rights
7. Privacy
8. Warranty Disclaimer
9. Indemnification
10. Liability Waiver
11. Dealing with Advertisers
12. Usage Rules
13. Uploads
14. Review of Postings and Uploads
15. Tell a Friend
16. Links
17. User Representations
18. Miscellaneous
19. Governing Law and Jurisdiction


 1. Acceptance of Terms

Your access to and use of HealthandAge.com’s services and any pages thereof is subject to the following terms and conditions and all applicable laws. In addition, when using particular HealthandAge.com services, you and HealthandAge.com shall be subject to 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 Use. All information, documents, products, trademarks, services, and other materials – including any software and link on the HealthandAge Site – (hereinafter referred to as the “Content”) available on the site are subject to these Terms of Use. 

By accessing and browsing the HealthandAge site, you accept, without limitation or qualification, these Terms of Use, which include the HealthandAge.com Privacy Policy and acknowledge that any other agreements regarding the use of the HealthandAge site between you and HealthandAge.com are superseded and of no force or effect.

HealthandAge.com may modify these Terms of Use at any time, and such modifications will be effective immediately after posting of the modified Terms of Use on the HealthandAge site. You are bound by any such modifications and should therefore periodically visit this page to review the then current Terms of Use to which you are bound. Your continued access to and use of the HealthandAge site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use.

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 2. Violation of Provisions of these Terms of Use

If you violate any provision of these Terms of Use, your permission to use the Service/Content automatically terminates, and you must immediately destroy any copies you have made of any parts of the Content irrespective whether the copy is stored as a file, document, or otherwise.

If HealthandAge.com determines, in its sole and absolute discretion, that you have violated any provisions of these Terms of Use, HealthandAge.com may, in addition to and not in lieu or limitation of any other right or remedy, advise you that you have violated these Terms of Use, delete or remove any communications or contents furnished or posted by you, notify and/or send communications or content to and cooperate with all applicable law enforcement authorities in all countries, and/or take any other actions HealthandAge.com deems appropriate.

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 3. General Restrictions

If the jurisdiction which is applicable to you does not legally permit the execution of these Terms of Use in whole or in any essential part (particularly but not limited to the provisions of the Governing Law and Jurisdiction, Indemnification, the Warranty Disclaimer, the Liability Waiver, and the Privacy Policy), or declares the access to HealthandAge.com illegal, then you are not authorized to use HealthandAge.com. If nevertheless you do use HealthandAge.com, you do so entirely at your own risk.

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 4. Modifications to Service/Content

HealthandAge.com reserves the right at any time and repeatedly to modify or discontinue, temporarily or permanently, the Service/Content with or without prior notice. HealthandAge.com will not be liable neither to you nor to any third party for any modification, suspension, or discontinuance of the Service/Content.

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 5. No Commercial Use of Service/Content

The Service/Content, use of the Service/Content, or access to the Service/Content or any elements of it may not be reproduced, duplicated, copied, sold resold or exploited for any commercial purpose.

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6. Intellectual Property Rights

The Content of the HealthandAge site is the copyright property of HealthandAge.com or its licensors. However, HealthandAge.com does not own all trademarks which may be mentioned in the Content on the HealthandAge site.

You may freely browse the HealthandAge site, but you may only download Content from this site, including but not limited to any text, images, audio, and video for non-commercial personal use if the relevant service does not mention any other restriction. You may not, however, distribute, modify, transmit, reuse, repost, or use the Content for public or commercial purposes without prior written permission of HealthandAge.com, Mulhouse, France.

You must retain and reproduce each and every copyright notice or other proprietary rights notices contained in any Content you download. You should assume that everything you see or read on the HealthandAge site is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the HealthandAge site without the prior written permission of HealthandAge.com. HealthandAge.com neither warrants nor represents that your use of Content displayed on the HealthandAge Site will not infringe on the rights of third parties not owned by or affiliated with HealthandAge.com.

With the exception of the foregoing limited authorization, no license to or right in the Content or any copyright of HealthandAge.com or of any other party is granted or conferred to you.

The HealthandAge site may contain or reference trademarks, patents, proprietary information, technologies, products, processes, or other proprietary rights of HealthandAge.com and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of HealthandAge.com and/or other parties is granted to or conferred upon you.

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 7. Privacy

Since HealthandAge.com respects your personal privacy, data protection is a very important issue to HealthandAge.com, and your data is treated absolutely confidential. For details of HealthandAge.com’s commitment to privacy, please refer to the Privacy Policy, which is incorporated by reference into these Terms of Use.

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8. Warranty Disclaimer

You acknowledge and agree that HealthandAge.com neither provides specific medical advice (e.g.: diagnosis and treatment related to individual and/or specific medical cases, second opinion for medical diagnosis and/or treatment or recommendations regarding therapy), nor intends to advocate or recommend the purchase or selection of any product or service, or endorses or guarantees the qualification, credentials, or appropriateness of any health care provider linked or advertised on the HealthandAge Site.

The intention of HealthandAge.com is to provide you with information in order to improve the understanding of your health. This service is intended for general consumer understanding and education only and is not a substitute for professional medical advice. Such specific medical advice will not be provided on any HealthandAge Site and HealthandAge.com urges you to consult with a qualified physician, nurse, or other qualified health care provider for diagnosis, treatment, and answers to your personal questions.

While HealthandAge.com uses reasonable efforts to ensure that the Content is accurate and up-to-date, the Content may contain technical inaccuracies or typographical errors. HealthandAge.com reserves the right to make changes, corrections and/or improvements to the Content at any time without notice.

HealthandAge.com makes no express or implied warranties, representations or endorsements of any kind whatsoever with regard to the HealthandAge Site or with respect to any information, product, service, merchandise or other material provided on or through the HealthandAge Site. HealthandAge.com assumes no liability or responsibility for any errors or omissions in the Content. ALL CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. HealthandAge.com DOES NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF INFORMATION MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE.

Some jurisdictions do not allow the exclusion of implied warranties, so the previous exclusion may not apply to you.

HealthandAge.com can not and does not warrant or guarantee that files available for downloading through the HealthandAge Site will be free of infections, viruses, worms, Trojan horses or other codes that contain contaminating or destructive properties. You understand and agree that you are solely responsible for implementing sufficient precautions, procedures, and checkpoints to satisfy your own requirements for the accuracy of data input and output and for maintaining means external to the HealthandAge site for the reconstruction of any lost data. HealthandAge.com also assumes no responsibility for the loss of any information, data, or other material resulting from the use of the HealthandAge Site. HealthandAge.com makes no warranty or guarantee that the service will be uninterrupted, timely, secure, or error free.

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 9. Indemnification

You agree to indemnify, defend, and hold harmless HealthandAge.com and any of its officers, directors, employees, agents, information providers, partners, advertisers, suppliers, and any of our successors, assigns or licensees, together with any of their respective officers, directors, and employees, from and against any and all damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), judgments, costs and expenses (including reasonable attorney’s fees, arising out of any and all claims by a third party relating to your use of the HealthandAge Site), or any breach or violation of these Terms of Use or any other term or condition contained on the HealthandAge site.

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10. Liability Waiver

YOU AGREE THAT IN NO EVENT NEITHER HealthandAge.com NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, PARTNERS, ADVERTISERS AND SUPPLIERS SHALL BE LIABLE TO YOU OR ANY OTHER USER OF THE HealthandAge Site FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNTITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE, BUSINESS, OR LIABILITIES ARISING OUT OF THE RELATING IN ANY WAY TO THE HealthandAge site OR SITES ACCESSED THROUGH THE HealthandAge site, AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE HealthandAge site. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE HealthandAge site IS TO STOP USING THE HealthandAge site.

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 11. Dealing with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through HealthandAge.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that HealthandAge.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on HealthandAge.com.

Our website hosts Caring.com and Google sponsored ads and links. We do not control the ads content of Caring.com and Google and our editorial content is free of any commercial influence.

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 12. Usage Rules

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, charity requests, petitions for signatures, chain letters, letters relating to pyramid schemes, advertising etc. or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. HealthandAge.com will fully cooperate with any law enforcement authorities or court order requesting or directing HealthandAge.com to disclose the identity of anyone posting any such information or materials.

If HealthandAge.com becomes aware that you have violated any of the terms and conditions contained in these Terms of Use, HealthandAge.com may immediately take corrective action, including preventing the user from using the services offered by HealthandAge.com and take down any information, data and content put on the HealthandAge Site by the user at any moment and without notice. HealthandAge.com does not accept any liability derived from this action.

You will indemnify HealthandAge.com, keep harmless, from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses arising out of or relating to any use of any discussions, chats, postings, transmissions, bulletin boards, and the like contained on the HealthandAge site, including any that may arise from a violation of this notice. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, misrepresentation or breach of warranty or other injuries or damages to business.

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 13. Uploads

Any communication or material you transmit to the HealthandAge site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary, subject however, to our Privacy Policy. Anything you transmit or post becomes the property of HealthandAge.com or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, HealthandAge.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the HealthandAge Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.

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 14. Review of Postings and Uploads

HealthandAge.com does not monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the site, and is under no obligation to do so. HealthandAge.com assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, privacy disclosure or inaccuracy contained in any information within such locations on the site. However, HealthandAge.com reserves the right to block or remove communications or materials that it determines, in its sole discretion, which is unacceptable for HealthandAge.com.

ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSIONS, CHATS, POSTINGS, TRANSMISSIONS, BULLETIN BOARDS, AND THE LIKE SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.

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 15. Tell a Friend

This service shall only be used if you know that the addressee might be interested in receiving it. HealthandAge.com has no obligation to forward any proposed article to the addressee.

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 16. Links

HealthandAge.com has not reviewed any or all of the third-party websites, which contain links to the HealthandAge site and is not responsible for the content of any such off-site pages or any other sites linked to the HealthandAge site. You may link to the HealthandAge site provided that its content is not displayed within a frame. HealthandAge.com may in its sole and absolute discretion prohibit any further linking. In this event you have to delete the link within two days from HealthandAge.com’s notice to you.

HealthandAge.com accepts no liability for links from the HealthandAge site to others, and in particular HealthandAge.com is not responsible for the accuracy or legality of the content thereof. HealthandAge.com accepts no liability deriving from a breach or omission in the privacy policy and/or terms of use of third parties.

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 17. User Representations

You present and warrant that you are at least 18 (eighteen) years of age and that you possess the legal right and ability to enter into this agreement and to use the HealthandAge site in accordance with these Terms of Use.

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 18. Miscellaneous

HealthandAge.com’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use to any party at any time without notice to you.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be not enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

These Terms of Use constitute the entire agreement between you and HealthandAge.com relating to the subject matter hereof and supersede and merge herein any prior promises, agreements, or understandings between you and HealthandAge.com relating to any of the subject matters of these Terms of Use.

These Terms of Use may not be modified, in whole or in part, except as described elsewhere in these Terms of Use. Anything contained on the HealthandAge Site inconsistent with or conflicting with the provisions of these Terms of Use is superseded by the terms of these Terms of Use.

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 19. Governing Law and Jurisdiction

By accessing and using any services on the HealthandAge site, you and HealthandAge.com agree that all matters relating to and/or any disputes arising out of your access to, or use of the HealthandAge  Site shall be governed by, interpreted, construed and enforced exclusively in accordance with the substantive domestic laws of United States of America without regard to the conflicts of laws principles thereof.

You agree that any legal action or proceeding between HealthandAge.com and yourself for any purpose concerning these Terms of Use or the parties’ obligations under these Terms of Use shall be brought exclusively in a court of competent jurisdiction sitting in Mulhouse, France. You waive any jurisdictional, venue, or inconvenient forum objections to such court.

 

These Terms of Use were last updated in March, 2009.