The information contained in this web site is provided as a service to the Internet community, and does not constitute legal, medical or professional advice of any kind. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites and we make no claim that any of the information contained in this web site are appropriate for your particular needs. We strongly recommend that you seek professional help for your particular needs. As legal, medical and professional advice must be tailored to the specific circumstances of each case, nothing provided herein should be used as a substitute for the advice of competent counsel. By using content and information from this website you agree to the following: 1) You will not rely on any information contained in this web site without personally consulting an attorney, doctor or other professional. 2) You agree that the information contained in this web site may not be appropriate for your particular needs and are offered for informational purposes only.
TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. By using our Website, you agree to these Terms and Conditions of Use ("Terms & Conditions"). We reserve the right, in our sole discretion, to change, modify, or to add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, or you do not agree to these Terms & Conditions after we have posted any changes, you should not use our Website.
1. Scope of Terms & Conditions Unless we indicate otherwise, these Terms & Conditions apply to your use of the website, boomers-with-elderly-parents.com which is owned or operated by evSky Incorporated and collectively, "we," "us," or "our").
2. Terms & Conditions - In General These Terms & Conditions are a binding contract between you and evSky Incorporated. By using this website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this contract. If at any time during your use of our website, you do not comply with these Terms & Conditions, we reserve the right to terminate your access to this website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the website, including, but not limited to, (i) restricting the time the website is available, (ii) restricting the amount of use permitted by you, and (iii) restricting or terminating any user's right to use the website. You agree that any termination or cancellation of your access to, or use of, the website may be effected without prior notice to you. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites.
From time to time, we may supplement these Terms & Conditions with additional terms and conditions. You understand and agree that such additional terms are hereby incorporated by reference into these Terms & Conditions.
3. Restrictions on Use of Materials Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this website and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that this website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this website are trademarks of their respective owners. Boomers-with-elderly-parents.com is the trade name and the registered trademark and service mark of evSky Incorporated. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the content which they make available on this website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such content. Modification of the content or use of the content for any other purpose, including, but not limited to, use of any content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
4. Becoming a User There is no cost to you to use our website. However, if you do not register, you may be precluded from using certain features or resources of our website. You must register in accordance with instructions that you will find on this website to obtain information from us or from third party sellers.
If you elect to become registered to use all aspects of our website, you agree to provide us with true, accurate and complete information about yourself ("Registered User Data"), and to maintain and promptly update the Registered User Data to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse future use of our website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website.
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, Click Here 6. Standards and Conduct Guidelines You acknowledge that all content and all information, software, photos, video, text, graphics, music, sounds, questions, ideas, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on this website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such postings. This means that you are entirely responsible for all postings that you post, email or otherwise transmit to this website. Under no circumstances will we be liable in any way for any postings (other than for content developed by us), including, but not limited to, for any errors or omissions in any postings, or for any loss or damage of any kind incurred as a result of the use of any postings posted, emailed or otherwise transmitted to or through this website.
You agree not to use this website to:
a. Upload, post, email or otherwise transmit any postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion); b. Harm minors in any way; c. Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of evSky Incorporated or any other person or entity, or falsely state or otherwise misrepresent your affiliation with evSky incorporated or any other person or entity; d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this website; e. Upload, post, email or otherwise transmit any postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. Upload, post, email or otherwise transmit any postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party; g. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose; h. Upload, post, email or otherwise transmit any postings or other materials that contain 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; i. Interfere with or disrupt this website or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; j. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; k. "Stalk" or otherwise harass another user or employee of this Website; or m. Collect or store personal data or attempt to collect or store personal data about other users of the Website.
Your privilege to use this website depends on your compliance with the standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this website and/or take any other appropriate measures to enforce these standards and conduct guidelines if we, in our sole discretion, believe a violation has occurred on your part. Further, if you fail to adhere to our standards and conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in this Website.
8. Parental or Guardian Permission The Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing or using our Website.
9. Health & Fitness Products These Terms & Conditions apply only to this website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator, webmaster or operator.
10. Third Party Products and Services Through our website, you have the opportunity to obtain more information regarding certain content, products or services sold through a person or company other than us ("Third Party Sellers"). All matters concerning the services, merchandise and other products you desire from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may receive some form of remuneration in connection with such transactions, and we will not be liable to you for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to a Third Party Sellers transaction.
11. Copyright Complaints We respect the intellectual property of others, and we ask our users to do the same. We may in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our website (or any part thereof) who infringe the intellectual property rights of others.
12. Health Disclaimer This website provides users with the opportunity to obtain from Third Party Sellers products and services and is intended only to assist users in their personal weight loss efforts. evSky Incorporated is not a medical organization and our staff will not give you medical advice or diagnosis. Nothing contained on this website should be construed as medical advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment or as an endorsement of any Third Party Sellers products or services.
13. Disclaimers of Warranties PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER evSky Incorporated, NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
NEITHER evSky Incorporated, NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
14. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE evSky Incorporated WEBSITES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE evSky Incorporated SITES OR ANY WEBSITE OR WEBSITES LINKED TO THE evSky Incorporated SITES, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.
15. Indemnification You agree to indemnify, hold harmless and, at our option, defend evSky Incorporated and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this website or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
16. Governing Law and Choice of Forum These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this website or these Terms & Conditions shall be filed only in the state or federal courts located in Houston, Tx and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
17. Miscellaneous Terms In any action against us arising from the use of this website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
We recognize that your privacy is important. This document outlines the types of personal information we receive and collect when you use boomers-with-elderly-parents.com, as well as some of the steps we take to safeguard information. We hope this will help you make an informed decision about sharing personal information with us.
boomers-with-elderly-parents.com strives to maintain the highest standards of decency, fairness and integrity in all our operations. Likewise, we are dedicated to protecting our customers', consumers' and online visitors' privacy on our website.
boomers-with-elderly-parents.com collects personally identifiable information from the visitors to our website only on a voluntary basis. Personal information collected on a voluntary basis may include name, postal address, email address, company name and telephone number.
This information is collected if you request information from us, participate in a contest or sweepstakes, and sign up to join our email list or request some other service or information from us. The information collected is internally reviewed, used to improve the content of our website, notify our visitors of updates, and respond to visitor inquiries.
Once information is reviewed, it is discarded or stored in our files. If we make material changes in the collection of personally identifiable information we will inform you by placing a notice on our site. Personal information received from any visitor will be used only for internal purposes and will not be sold or provided to third parties.
The purpose of a cookie is to tell the web server that you have come to the site for the first time, or have returned to a specific page. If you personalize the site's pages, or register with any of our site's services, a cookie enables boomers-with-elderly-parents.com to recall your specific information on subsequent visits.
You have the ability to accept or decline cookies by modifying settings in your browser; however, if you choose to decline cookies, you may not be able to fully experience the interactive features of the site.
A web beacon is a transparent image file used to monitor your journey around a single website or collection of sites. They are also referred to as web bugs. They are commonly used by sites that use third-party services to monitor traffic. They may be used in association with cookies to understand how visitors interact with the pages and content on the pages of a website.
Browsers can be set to accept or reject cookies automatically, or notify you when a cookie is being requested. Privacy software can be used to override web beacons. Taking either of these actions should not cause a problem with our site, should you so choose.
Children's Online Privacy Protection Act
This website is directed to adults; it is not directed to children under the age of 13. We operate our site in compliance with the Children's Online Privacy Protection Act, and will not knowingly collect or use personal information from anyone under 13 years of age.
In some cases, we may collect information about you that is not personally identifiable. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. The information collected is used solely for internal review and not shared with other organizations for commercial purposes.
Release of Information
If boomers-with-elderly-parents.com is sold, the information we have obtained from you through your voluntary participation in our site may transfer to the new owner as a part of the sale in order that the service being provided to you may continue. In that event, you will receive notice through our website of that change in control and practices, and we will make reasonable efforts to ensure that the purchaser honors any opt-out requests you might make of us.
How You Can Correct or Remove Information
Updates and Effective Date
Agreeing to Terms
(Last modified as of July 6, 2014.)