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Acceptance of Terms

Welcome to Elderpost.com, an online information service that connects you with others in the eldercare community.  The Elderpost.com service and network (collectively, the “Service”) are operated by Diamond Geriatrics, Inc. and its corporate affiliates (collectively, “us”, “we”, “Elderpost” or “the Company”).  By accessing or using our website at www.elderpost.com (the “Site”) you (the “User”) signify that you have read, understand, and agree to be bound by these Terms of Use (the “Terms of Use” or the “Agreement”), whether or not you are a registered member of the Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice.  Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to check the Site regularly to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Right to Use

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

Eligibility

Membership in the Service is void where prohibited.  The Site is intended for users 19 years of age or older.  Any registration by, use of or access to the Site by anyone under the age of 19 is prohibited. By using the Service or the Site, you represent and warrant that you are 19 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.

Registration and Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (the "Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Elderpost, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Intellectual Property Rights in Site Content and Licenses

All content on the Site and available through the Service, including User Content (as defined below), designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (collectively the "Site Content"), are the proprietary property of Elderpost, its users or its licensors with all rights reserved. The entire Site Content is protected by national and international copyright and trademark laws. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Elderpost's prior written permission, except that the foregoing does not apply to your own User Content that you post on the Site.

Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you agree not to change or delete any copyright or proprietary notices from the materials. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Elderpost, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

User Submitted Content

You are solely responsible for the information, photos, profiles (including your name, image, and likeness), messages, notes, text, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). Elderpost does not pre-screen or control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post.  In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world in those materials have been waived.

You understand and agree that Elderpost may, but is not obligated to, review the Site and may delete or remove without notice any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Elderpost violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Elderpost.

You agree to grant to Elderpost a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Elderpost by all means and in any media now known or hereafter developed. You also grant to Elderpost the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Elderpost for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Elderpost.

Trademarks

All graphics, logos, designs, page headers, button icons, scripts and service names of the Company are registered trademarks, trademarks or trade dress of Elderpost in Canada and/or other countries. Elderpost's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Elderpost.

Member Conduct

You understand that by using the Service, you may be exposed to Site Content that is offensive, indecent or objectionable. Under no circumstances will Elderpost be liable in any way for any Site Content, including, but not limited to, for any errors or omissions in any Site Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Site Content posted, emailed, transmitted, or otherwise made available via the Service.

You agree that you will not use the Service to:

  1. upload, post, email, transmit, or otherwise make available any User Content that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Elderpost official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Site Content transmitted through the Service;
  5. upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of illegal solicitation.
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  11. intentionally or unintentionally violate any applicable local, provincial, national or international law, including, but not limited to, regulations promulgated by the British Columbia Securities Commission, any rules of any national or other securities exchange, including, without limitation, the Toronto Stock Exchange, the Montreal Stock Exchange, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  12. collect or provide funds, directly or indirectly, in order to carry out terrorist crimes, contribute to or facilitate the activities of a terrorist group, or instruct anyone to carry out a terrorist activity, including doing any of the foregoing in relation to a listed entity under s.83.05 of Part II.1 of the Criminal Code of Canada;
  13. "stalk" or otherwise harass another; or
  14. collect or store personal data about other users without their express consent or in connection with the prohibited conduct and activities set forth in paragraphs (a) through (m) above.

You agree that you must evaluate, and bear all risks associated with, the use of any Site Content, including any reliance on the accuracy, completeness, or usefulness of such Site Content. In this regard, you acknowledge that you may not rely on any content created by Elderpost or submitted to Elderpost that is available on any part of the Service.

You acknowledge and expressly consent to Elderpost accessing, preserving, and disclosing your account information and User Content if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Elderpost, its users and the public.

You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Elderpost. You agree that you will not attempt to override or circumvent any of the usage rules embedded into the Service.  Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Third Party Websites

The Site contains (or you may be sent through the Site or the Service) links to other web sites (the "Third Party Sites"). Such Third Party Sites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites, accessed through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites. Inclusion of, linking to or permitting the use or installation of any Third Party Site does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install anything from the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.

Privacy Policy

Use of any information gathered during, or by, your use of the Site shall be governed by Elderpost’s privacy policy (the “Privacy Policy”) available at http://www.elderpost.com/privacy_policy.php .  By use of or access to the Site, you signify your agreement to the Privacy Policy. If you do not agree to the Privacy Policy, do not access or use the Site.  At any time without notice, we reserve the right, at our discretion to change, modify, add, or remove portions of the Privacy Policy.  Your continued use of this Site following changes to the Privacy Policy constitutes acceptance of those changes.

User Disputes

You are solely responsible for your interactions and communications with other users of the Site.  Elderpost reserves the right, but has no obligation, to monitor disputes between users.

Disclaimers

Elderpost is not responsible or liable in any manner for any Site Content, whether posted or caused by users of the Site, by Elderpost, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible or liable for what users post, transmit or share on the Site and are not responsible or liable for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site, in connection with any Site Content, or available on the Internet generally. Elderpost is not responsible for the conduct, whether online or offline, of any user of the Site or Service.

The Site and the Service may be temporarily unavailable occasionally for maintenance or other reasons. Elderpost assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Elderpost is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or the Site or combination thereof, including injury or damage to user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with the Service. Under no circumstances will Elderpost be responsible for any loss or damage, including any loss or damage to any Site Content or Third Party Sites, or personal injury or death, resulting from anyone's use of the Site or the Service or any interactions between users of the Site, whether online or offline.

THE SITE, THE SERVICE, AND THE SITE CONTENT ARE PROVIDED "AS IS" AND ELDERPOST DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.  ELDERPOST CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. ELDERPOST DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

Elderpost reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Elderpost.

Limitation on Liability

IN NO EVENT WILL ELDERPOST OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF ELDERPOST IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ELDERPOST'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ELDERPOST FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL ELDERPOST'S LIABILITY TO YOU EXCEED THE PRICE OF MEMBERSHIP. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO ELDERPOST FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ELDERPOST, REGARDLESS OF THE CAUSE OF ACTION.

Indemnification

You agree to indemnify, defend and hold harmless Elderpost, its subsidiaries, affiliates, suppliers, licensors and any third party information providers to the Service or the Site, and each of their officers, directors, employees and agents, from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from your use of the Service or the Site, your conduct in connection with the Service or the Site, or with other users of the Service or the Site and any violation of this Agreement (including negligent or wrongful conduct), or of any law or rights of any third party.

Termination

Elderpost may terminate your membership, delete any User Content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 19 and using the Site or Services.

Jurisdiction

These terms shall be governed by and construed in accordance with the laws of British Columbia, Canada, and applicable federal laws of Canada without giving effect to any principles of conflicts of law.  The United Nations Convention on Contracts For The International Sale of Goods does not apply.  You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, or the Service (including your access to or use of the Site, the Service or both) shall be filed only in the province or courts located in Vancouver, British Columbia, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  All claims, disputes or both must be commenced by way an originated process in Vancouver, British Columbia, Canada within one (1) year after the dispute or claim arose, after which time any and all proceedings regarding the dispute or claim are barred.  Any shorter time limit provided by statute law remains unaffected.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Miscellaneous

This Agreement constitute the entire agreement between you and Elderpost regarding the use of the Site and the Service, superseding any prior agreements between you and Elderpost relating to your use of the Site or the Service. The failure of Elderpost to insist upon or enforce strict performance of any right or provision of this Agreement shall not be construed as a waiver of any provision or right in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.  If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Elderpost may assign or transfer its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.

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