Terms of Use
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 at info@seniormag.com.
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 30 days from the date such changes take place.
You further agree that by accessing the
SeniorMag
web site or utilizing the SeniorMag
services you agree to be bound the Terms and Conditions as are in
effect at such time.
We do not guarantee that we will be able to match your service needs
with a service professional or that there are service professionals
in your area that either are capable or willing to complete your
service needs. Although we take certain steps to examine the
credentials of our listed service professionals, we make no
guarantees or representations regarding the application or
installation skills of such service professional or the quality of
the job that he or she may perform for you if you elect to retain
their services.
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.
It is entirely up to you to enter into a direct
contract or otherwise reach agreement with a service professional,
and we do not guarantee or warrant their performance on the job or
the outcome or quality of the services performed. Your rights under
contracts you make with service professionals typically are governed
by your state and local laws. Should you have a dispute with any
service professional, you must address such dispute to the service
professional 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.
YOUR USE OF SENIORMAG SERVICES. It is agreed that your use
of the SeniorMag
services is for your personal use. We reserve the right to revoke
your access at any time. All information about service professionals
is confidential and for your personal use only.
LINKS TO THIRD PARTY SITES. The links in the SeniorMag
web site will let you leave SeniorMag's
web site. The linked sites are not under the control of SeniorMag
and SeniorMag
is not responsible for the contents of any linked site or any link
contained in a linked site, or any changes or updates to such sites.
SeniorMag
is not responsible for any transmission received from any linked site.
SeniorMag
is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by SeniorMag
of the site.
GENERAL PROVISIONS. 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.
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 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 is 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.
General Counsel
SeniorMag
By
e-mail: counsel@seniormag.com
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