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About Senior Mag

Merchant Conduct and Terms of Use

SeniorMag is an online magazine dedicated to helping seniors and caregivers connect with local merchants who have services and discounts that are specific to the senior population.  SeniorMag's company profile service works for local merchants by developing a single page profile of their company and linking and displaying specific merchant information in a useable fashion in such a way that SeniorMag viewers may gather specific contact and/or location information for the purposes of doing business.

This Agreement describes the terms and conditions applicable to your use of our services at SeniorMag. If you have any questions regarding this Agreement, you may contact us. We may amend this Agreement at any time; changes or amendments will be posted at the bottom of this page for public view and be considered effective immediately. You further agree that by accessing the SeniorMag web site or utilizing the SeniorMag company profile services you agree to be bound the Terms and Conditions as are in effect at such time.

Advertising services are limited to online access only.  A print copy of SeniorMag does not exist and is not planned.  The extent of your rights under any advertising agreement are limited to that which is shown online and which is developed based on your order alone.  SeniorMag uses your data that you submit and is not responsible for errors though we will make any reasonable effort available though the ordinary course of business to make such corrections as requested so long as said requests are reasonable.  SeniorMag alone shall determine the reasonableness of any request.  

Application for inclusion in the SeniorMag site does not guarantee inclusion.  SeniorMag does not discriminate against any business or business person but retains the right to determine the applicability of the merchant's business to our readers and/or to deny any such application based on the best interests of SeniorMag and/or various sections of SeniorMag.com.  Such applicability and interest is determined at the sole discretion of SeniorMag.  SeniorMag also reserves the right to limit the number of merchants per locality and/or by category.  The number of such merchants are at the sole discretion of SeniorMag and SeniorMag reserves the right to change such numbers without notice or apply different standards to different communities at different times.

In the event that your application is denied, you will be notified of the specific reason.  If denied, you are welcome to resubmit your application at any time.  SeniorMag does not maintain a waiting list.  Each application is reviewed according to SeniorMag criteria and limitation in place at the time of application.  Applications are received and processed on a first come, first served basis and subject to limitations at the time of application.

SeniorMag shall only be responsible for continuous inclusion of services which have been paid for in full, when/where there are charges for such services

Content Agreement

USERíS GRANT OF LIMITED LICENSE

By posting, uploading, inputting, providing or submitting your content on this site, you:

A.  Warrant and represent that you own or otherwise control all of the rights to your content and that public posting and use of your content by SeniorMag will not infringe or violate the rights of any third party.

B.  Have full use and/or authority to use any image that you submit for inclusion on your profile including but not limited to company names and logos specifically belonging to the company for which you are submitting as well as any logo or other image that is supplied and owned by any outside vendor or supplier.  

C.  Warrant and represent that you have full authority to place such submission on behalf of the business that you represent and agree that such charges as they have been stipulated to are fair and will be paid according to the terms of the invoice, and that upon completion of the development, there shall be no cause for cancellation other than as provided herein.


You the merchant, are solely responsible for the content of the information posted to your profile page.  This includes exact verbiage, spelling, punctuation, grammar, and submitted images.  Such verbiage as submitted by you will be posted according to our rules and procedures described here and elsewhere on this site.

You agree to only provide content to which you have complete legal authority to use and that is not subject to any copyright infringement laws of any jurisdiction.  This includes both images and text.  By submitting such content, you affirm your right to use such content without reservation.

Content shall not be submitted that is inflammatory, illegal, hate-based, defamatory, or owned by someone else without their expressed permission.  You are solely responsible for determining such permission and keeping that permission on file.  This includes logos, images, text, or any other content.  No content shall refer specifically to any other person, company, concern, or organization in any comparative or defamatory way.  Submitted links are only acceptable if they point to specific content owned exclusively by you and shall not include content as defined in this Agreement or contains code that is damaging or malicious in nature.

Submitted content shall be complete and accurate to the best of your ability and knowledge and SeniorMag shall not be responsible for the accuracy or inaccuracy of such content including but not limited to specific and consequential damages.  You agree to hold SeniorMag harmless and indemnify SeniorMag for any content that you submit including but not limited to consequential or punitive damages.

Submitted content shall not include pricing, inventory balances, or other content that may be required to change on a frequent basis.

By submitting information for publication, you affirm the validity of that information and further affirm that you are entitled by profession and statute to make claims of expertise that may be reasonably relied upon by a reasonable person.  In other words, you are who you say you are, have the expertise and knowledge that you claim or would otherwise be inferred by a reasonable person, either directly by statement, by inference, or by inclusion in a specific section of the SeniorMag.com website.

SeniorMag reserves the right to format your text according to reasonable and standard practices as defined and determined by SeniorMag.  Such format shall include font style, font size, bolded text, italicized text, specific layout and image placement.

Client Relationships
We do not guarantee that we will be able to match your services with the needs of any reader or that there are potential clients in your area that either are capable or willing to do business with you. SeniorMag takes no steps to determine prospect viability, their credit, or their ability or willingness to pay you for your products/services. It is entirely up to you to enter into a direct contract or otherwise reach agreement with your clients/customers, and to collect your fees.  

SeniorMag will in no way alter these provisions or intercede on your behalf under any circumstances. Your rights under contracts that you make with clients are typically governed by your state and local laws. Should you have a dispute with any client, you must address such dispute to the client directly, and you hereby agree to release SeniorMag (and our employees and agents) and any other person, firm, or entity (including our business partners such as a product manufacturer or supplier who may employ SeniorMag from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with service professionals.

SeniorMag makes no claim or guarantee as to the number of readers that will view your profile.  Such numbers are dependent on consumer interest in your line of business.

Fraud and/or Illegal Business Use
You agree to not use SeniorMag profile services to promote any business or business practice that is actionable in any jurisdiction under any criminal statutes.  By submitting your application for inclusion, you affirm that your business is a legal enterprise that is only engaged in a lawful enterprise.  You further warrant that your business shall not commit fraud, renege on contracted services, or charge excessive rates that are outside customary and reasonable standards for your industry.



Your Use of SeniorMag Profile Services
It is agreed that your use of the
SeniorMag services is for your professional use. We reserve the right to revoke your inclusion at any time should SeniorMag learn of any violation of this Agreement. 


General Provisions and Acknowledgements 
You acknowledge and agree that the
SeniorMag services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and SeniorMag's sole obligation to you or any third party for any claim arising out of your use of the SeniorMag services or the SeniorMag web site, is that you are free to discontinue your use of the SeniorMag web site at any time.  However, outstanding fees are still due and payable.

SENIORMAG EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF SENIORMAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

YOU RECOGNIZE THAT THE INTERNET IS SUBJECT TO MANY INFLUENCES INCLUDING THOSE THAT ARE BOTH INSIDE AND OUTSIDE THE CONTROL OF SENIORMAG OR ITS AGENTS.  SUCH EVENTS INCLUDE BUT ARE NOT LIMITED TO BANDWIDTH CONGESTION, POINT OF SERVICE DISRUPTIONS, DENIAL OF SERVICE ATTACKS, MISCHIEVOUS ACTS OR CODE CREATED BY OUTSIDE PARTIES, ETC.  SENIORMAG NEITHER REPRESENTS OR WARRANTS UNINTERRUPTED SERVICE.  YOU AGREE BY YOUR USAGE THAT NEITHER SENIORMAG, IT'S AGENTS, OR IT'S VENDORS SHALL NOT BE LIABLE FOR ANY ACTION RESULTING FROM AN INTERRUPTION IN SERVICE FOR ANY REASON, WHETHER DIRECT OR CONSEQUENTIAL.

In the event that you choose to discontinue your use of SeniorMag to promote your business or SeniorMag discontinues your use due to a violation of this Agreement, no refund shall be allowed for any unused period of time.

You agree that your only remedy against SeniorMag for any reason shall be limited to a discontinuation of service.  As subscription fees are charged to cover the cost of setup, once setup has been completed, all fees are said to have been earned and exhausted.  Early termination of such subscription at the option of the subscriber or termination of such subscription by SeniorMag due to a violation of these or any other Rules of Conduct or Terms and Agreements shall not obligate SeniorMag to refund or credit any money or portion thereof either in whole or pro rata, or shall constitute a defense against payment of outstanding fees.  In the event of non-payment, SeniorMag reserves the right to terminate services until payment is made and we reserve all rights under law to collect such amount, not limited to reasonable attorney fees.

You agree to indemnify SeniorMag, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, including attorney's fees, made by any third party due to or arising from your use of the SeniorMag services or connection to the SeniorMag web site or your violation of the Terms and Conditions, or arising from your violation of any rights of a third party. The Terms and Conditions will inure to the benefit of SeniorMag's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. 

The failure of SeniorMag to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SeniorMag services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of North Carolina as such laws are applied to agreements entered into and to be performed entirely in the State of North Carolina and between North Carolina residents. You agree to submit to jurisdiction in North Carolina and that any claim arising under these Terms and Conditions will be brought solely in a court in Mecklenburg County, North Carolina, USA.

Peter Bronski
General Counsel
SeniorMag 

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