TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our
customers. By using this site, you agree to comply with and be bound by
the following terms and conditions of use. Please review these terms
and conditions carefully. If you do not agree to these terms and
conditions, you should not use this site.
1.
Agreement. This Agreement (the
“Agreement'”) specifies the Terms and Conditions
for access to and use of BoomerHealthTips.com (the
“Site'”) and describe the terms and conditions
applicable to your access of and use of the Site. This Agreement may be
modified at any time by BoomerHealthTips.com upon posting of the
modified agreement. Any such modifications shall be effective
immediately. You can view the most recent version of these terms at any
time at www.BoomerHealthTips.com. Each use by you shall constitute and
be deemed your unconditional acceptance of this Agreement.
2. Intellectual
Property Ownership.
(a) Our
Content. All content included on this site is and shall continue to be
the property of [name of website operator] or its content suppliers and
is protected under applicable copyright, patent, trademark, and other
proprietary rights. Any copying, redistribution, use or publication by
you of any such content or any part of the Site is prohibited without
express permission by BoomerHealthTips.com. Under no circumstances will
you acquire any ownership rights or other interest in any content by or
through your use of this site. BoomerHealthTips.com is the trademark or
registered trademark of BoomerHealthTips.com. Other product and company
names mentioned on this Site may be trademarks of their respective
owners.
(b) User
Supplied Content. By accessing our forum, bulletin board, chat room, or
any other user interactive area of our site, and placing any
information in any of those areas, you hereby grant us a perpetual,
irrevocable, royalty free license in and to such materials, including
but not limited to the right to post, publish, transmit, distribute,
create derivative works based upon, create translations of, modify,
amend, enhance, change, display and publicly perform such materials in
any form or media, whether now known or later discovered. You also
grant to others who access the forum, bulletin board, chat room or any
other user interactive area of our site a perpetual, non-revocable,
royalty free license to view, download, store and reproduce your
postings but such license is limited to the personal use and enjoyment
of such other party.
(c) Personal
Use. BoomerHealthTips.com grants you a limited, revocable,
nonexclusive license to use this site solely for your own personal use
and not for republication, distribution, assignment, sublicense, sale,
preparation of derivative works, or other use. You agree not to copy
materials on the site, reverse engineer or break into the site, or use
materials, products or services in violation of any law. The use of
this website is at the discretion of BoomerHealthTips.com and
BoomerHealthTips.com may terminate your use of this website at any time.
(d) Other Uses. All
other use of Content from the Site, including, but not limited to
uploading, downloading, modification, publication, transmission,
participation in the transfer or sale of, copying, reproduction,
republishing, creation of derivative works from, distribution,
performance, display, incorporation into another web site, reproducing
the Site (whether by linking, framing or any other method), or in any
other way exploiting any of the Content, in whole or in part, is
strictly prohibited without BoomerHealthTips.com prior express written
consent.
3. Disclaimers.
(a)
DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON
AN `”AS IS,” “AS AVAILABLE”
BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
BOOMERHEALTHTIPS.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND
ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING
TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
FURTHERMORE, BOOMERHEALTHTIPS.COM DOES NOT WARRANT THAT USE
OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY
LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BOOMERHEALTHTIPS.COM, ITS SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM
ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY
DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE'S SERVICES IS
DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA
THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF
LIABILITY. BOOMERHEALTHTIPS.COM SHALL NOT BE RESPONSIBLE OR
LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR
ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR
LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN
CONNECTION WITH BOOMERHEALTHTIPS.COM OR THE SITE, OR USE THEREOF, OR
ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON
THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY
WAY OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE
CAUSE OF ACTION, EVEN IF BOOMERHEALTHTIPS.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGE OR LOSS.
(c) EARNINGS DISCLAIMERS. The information presented in this Website is
intended to be for your educational and entertainment purposes only.
Please perform your own due diligence before embarking on any course of
action. Follow the advice of your personal qualified advisors.
Materials in our product and our website may contain information that
includes or is based upon forward-looking statements within the meaning
of the securities litigation reform act of 1995. Forward-looking
statements give our expectations or forecasts of future events. You can
identify these statements by the fact that they do not relate strictly
to historical or current facts. They use words such as
“anticipate,” “estimate,”
“expect,” “project,”
“intend,” “plan,”
“believe,” and other words and terms of similar
meaning in connection with a description of potential earnings or
financial performance. Any and all forward looking statements in our
materials are intended to express our opinion of earnings potential.
They are opinions only and should not be relied upon as fact.
4. Terms Relating to
User Supplied Site Content.
(a) Participate at
Your Own Risk. You enter and participate in our forum, bulletin board,
chat room, or any other user interactive area of our site, and gain
access to the materials contained thereon at your own risk.
(b) No Monitoring.
We do not monitor or screen communications on our forum, bulletin
board, chat room, or any other user interactive area of our site and we
are not responsible for any material that any of our forum, bulletin
board, chat room, or any other user interactive area of our site
participant posts and we do not assume the responsibility to do so. In
the event that we are notified by any party that any communications
contained in our forum, bulletin board, chat room, or any other user
interactive area of our site is contrary to these terms, we may, but
are not obligated to, investigate the situation and determine in our
own discretion, whether to remove such communication from our forum,
bulletin board, chat room, or any other user interactive area of our
site. We have no liability or responsibility to investigate
or remove any content from our forum, bulletin board, chat room, or any
other user interactive area of our site based upon a complaint or
otherwise.
(c) Your Reliance at
Your Risk. We do not make any representations or warranties as to the
truth or accuracy of any statement made or materials posted on or
through our forum, bulletin board, chat room, or any other user
interactive area of our site. You agree and acknowledge that
you assume the risk of any actions you take in reliance upon the
information that may be contained in our forum, bulletin board, chat
room, or any other user interactive area of our site.
(d) No Endorsement.
We do not endorse or lend any credence for any statements that are made
by any participant in our forum, bulletin board, chat room, or any
other user interactive area of our site. Any opinions or views
expressed by our forum, bulletin board, chat room, or any other user
interactive area of our site participants are their own. We
do not endorse or support or otherwise give any credence or reason for
reliance on any such statements or opinions.
(e) You are
Responsible. You are fully responsible for your own statements and
materials that you post in our forum, bulletin board, chat room, or any
other user interactive area of our site and any consequences, whether
or not foreseen, to any party who may rely upon these
statements. You agree that you will not take any action
directed towards attempting to hold us responsible for any such
materials or statements.
(f) Removal of
Material. As a participant in our forum, bulletin board, chat room, or
any other user interactive area of our site, you agree that we may
remove any materials from our forum, bulletin board, chat room, or any
other user interactive area of our site for any reason, in our sole
discretion, or for no reason at all. This includes material
which is disruptive, abusive, offensive, illegal, vulgar, pornographic,
or any other material. You hold us harmless from and against
any damage you or others may suffer as a result of our removal of any
content from our forum, bulletin board, chat room, or any other user
interactive area of our site or from the discontinuance of our forum,
bulletin board, chat room, or any other user interactive area of our
site at any time.
(g) Right to Expel.
We have the right to remove, expel, or disqualify any party from
participation and access to our forum, bulletin board, chat room, or
any other user interactive area of our site for any time and for any
reason, or for no reason whatsoever, in our sole and absolute
discretion. This includes, but is not limited to any
violation of this agreement, disruptive behavior, complaints from other
parties, any allegedly illegal activity, or for any other reason or for
no reason at all.
(h) Right to
Terminate. We reserve the right to terminate our forum, bulletin board,
chat room, or any other user interactive area of our site at any time
and all users hold us harmless from and against any claims, damages,
suits, threats, demands, liabilities, actions, causes of action, or
injuries that may result therefrom, including but not limited to any
consequential, incidental, and special damages of every nature and type.
(i) Prohibitions.
You agree that you will not (1) use our forum, bulletin board, chat
room, or any other user interactive area of our site for any illegal
purpose, (2) place any material in our forum, bulletin board, chat
room, or any other user interactive area of our site that violates the
copyrights, trademarks, trade secrets, confidential information or
other rights of any other party, (3) place any material in our forum,
bulletin board, chat room, or any other user interactive area of our
site that contains a false statement about any person, infringes upon
the privacy rights of any other person, or threatens, harasses, abuses
or embarrasses any other person, (4) place any obscene, pornographic,
sexually explicit or violent materials, graphics, photographs, text or
otherwise in our forum, bulletin board, chat room, or any other user
interactive area of our site, (5) place any advertising, attempted
business solicitation, marketing materials or sales promotional
materials in our forum, bulletin board, chat room, or any other user
interactive area of our site, (6) pretend to be another person that you
are not, (7) place materials in our forum, bulletin board, chat room,
or any other user interactive area of our site that are disruptive or
off-topic.
(j) Hold Harmless
and Indemnify. You hold us harmless from, and indemnify us against, any
and all claims for damages from third parties arising from your
participation, use or conduct in our forum, bulletin board, chat room,
or any other user interactive area of our site.
5. Miscellaneous.
(a) Prohibition Against Data Mining. You are prohibited from
data mining, scraping, crawling, email harvesting or using any process
or processes that send automated queries to the [Name of website
operator] Web site. You may not use the [Name of website operator] Web
site to compile a collection of listings, including a competing listing
product or service. You may not use the Site or any Materials for any
unsolicited commercial e-mail.
(b) Intended
Audience. This website is intended for adults only. This
website is not intended for any children under the age of 18.
(c) Compliance with
Laws. You agree to comply with all applicable laws regarding
your use of the website. You further agreed that information provided
by you is truthful and accurate to the best of your knowledge.
(d)
Indemnification. You agree to indemnify, defend and hold [name
of website operator] and our partners, employees, and affiliates,
harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement
or use of the Site.
(e)
Privacy. Your visit to our site is also governed by our
Privacy Policy. Please review our Privacy Policy at [website address].
[Name of website operator] reserves the right, and you authorize us, to
use and assign all information regarding site uses by you and all
information provided by you in any manner consistent with our Privacy
Policy.
(f) DMCA Notice. If
you believe your work has been copied in a way that constitutes
copyright infringement, please provide a notice containing all of the
following information to our Copyright Agent:
(1) An electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
(2) A description of
the copyrighted work that you claim has been infringed;
(3) A description of
where the material that you claim is infringing is located on the Site;
(4) Your address,
telephone number, and e-mail address;
(5) A statement by
you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
(6) A statement by
you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
(g) Applicable
Law. You agree that the laws of the state of Florida, without
regard to conflicts of laws provisions will govern these Terms and
Condition of Use and any dispute that may arise between you and
BoomerHealthTips.com or its affiliates. Venue shall be in The United
States Of America.
(h) Arbitration. As
part of the consideration that BoomerHealthTips.com requires for
viewing, using or interacting with this website, you agree to the use
of binding arbitration for any claim, dispute, or controversy of any
kind (whether in contract, tort or otherwise) arising out of or
relating to this website. Arbitration shall be conducted pursuant to
the rules of the American Arbitration Association which are in effect
on the date a dispute is submitted to the American Arbitration
Association. Information about the American Arbitration
Association, its rules, and its forms are available from the American
Arbitration Association, 335 Madison Avenue, Floor 10, New York, New
York, 10017-4605. Hearing will take place in the city or
county of [name of website operator]. In no case shall you have the
right to go to court or have a jury trial. You will not have
the right to engage in pre-trial discovery except as provided in the
rules; you will not have the right to participate as a representative
or member of any class of claimants pertaining to any claim subject to
arbitration; the arbitrator's decision will be final and binding with
limited rights of appeal. The prevailing party shall be reimbursed by
the other party for any and all costs associated with the dispute
arbitration, including attorney fees, collection fees, investigation
fees, and travel expenses.
(i)
Severability. If any provision of this Agreement shall be
adjudged by any court of competent jurisdiction to be unenforceable or
invalid, that provision shall be limited or eliminated to the minimum
extent necessary so that this Agreement will otherwise remain in full
force and effect.
(j)
Termination. BoomerHealthTips.com may terminate this Agreement
at any time, with or without notice, for any reason.
(k) Contact
Information.
HOW TO CONTACT US:
BoomerHealthTips.com
http://BoomerHealthTips.com/contact