Merchant Conduct and Terms of
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.
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
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.
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.
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
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.
shall only be responsible for continuous inclusion of services which
have been paid for in full, when/where there are charges for such
USERíS GRANT OF LIMITED LICENSE
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.
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.
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.
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.
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
content shall not include pricing, inventory balances, or other
content that may be required to change on a frequent basis.
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.
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.
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
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.
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
web site at any time. However, outstanding fees are still
due and payable.
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.
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
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.
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
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.
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,