Terms of Use
1. Acceptance of Terms
Senior Guidance Directory, Inc. (“SGD”) welcomes you to its website. SGD provides this service to you subject to the following Terms of Service (“TOS”), which may be updated from time-to-time without notice to you. This TOS is not exclusive, and use of our website is also contingent upon any additional guidelines or rules you may encounter elsewhere on our website, the contents of which are incorporated by reference as though fully set forth herein.
2. Description of Service
Senior Guidance Directory & Caregiving Handbook (“The Directory”) is the official publication of Senior Guidance Directory, Inc., a §501(3) charitable organization serving the greater Houston metroplex and surrounding counties. The Senior Guidance Directory & Caregiving Handbook ©2008-2009, all rights reserved, applies to both print and online (www.srguidance.org) editions. Any infringement of this copyright will be prosecuted to the full extent of the law. Downloaded information is for individual use only and any other use constitutes full infringement of this copyright. The Directory is published each June and is distributed throughout the year to individuals for free. The edition contained on this website contains information and resources that are correct and up to date as of June, 2008. Note that resources and services may change at any time and are out of the control of SGD. SGD assumes no responsibility for errors or omissions. The Directory is not intended as legal or medical advice. It is solely an informational resource and is not a substitute for professional assistance. SGD is not responsible for the content of any website referenced, nor does it endorse any specific product or service referenced in either its paper edition or online. Furthermore, it assumes no responsibility for any of the actions of its supporters, sponsors or other listed resource or their personnel. SGD does not endorse any product, service, sponsor or advertiser listed in this Directory or its website. The publisher reserves the right to refuse advertising and other acknowledgements that conflict with the mission and focus of SGD. SGD’s website is provided for informational purposes and as a convenient method of communicating with SGD (“Service”). The information contained in the Directory is made available to the community for free.
3. User Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. Under no circumstances will SGD be liable in any way for any Content transmitted or otherwise made available through the Service.
You further agree not to use the Service to:
a. upload, post, e-mail, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
d. disguise the origin of any Content transmitted through the Service;
e. upload, post, e-mail, transmit, or otherwise make available any Content that you do not have a right to make available under any law or contractual or fiduciary relationship;
f. upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g. take any actions inconsistent with the Rights of SGD or others appearing on or using the Service;
h. engage in any activities that adversely affect another user’s ability to use the Service
i. engage in any activities harmful to SGD or other users of the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law;
k. collect or store personal data about other individuals appearing on or using the site;
l. use personal data about other individuals appearing on or using the site in a manner inconsistent with any applicable local, state, national or international law.
You understand and acknowledge that SGD may in its sole discretion pre-screen, refuse, or move any Content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created, presented, or transmitted by SGD.
You acknowledge, consent and agree that SGD may disclose any information you provide if SGD believes in good faith that disclosure of such information is necessary to (a) comply with legal requirements; (b) enforce the TOS; (c) respond to claims against SGD; (d) to protect the rights, property, or personal safety of SGD, the users of the Service, or the public at large.
4. Indemnity
You agree to indemnify and hold SGD and its officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
5. Modifications to Services and/or Terms of Service
SGD reserves the right at any time to modify or discontinue the Service with or without notice. You agree that SGD shall not be liable to you or to any third party for any modification or discontinuation of the Service.
6. SGD's and Third Party Proprietary Rights
You understand and acknowledge that the Service and its Content contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content relating to sponsors or otherwise presented to you through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by SGD in writing, you agree not to modify, rent, lease, loan, sell, distribute, transmit, or create derivative works of any Content made available through the Service.
7. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SGD AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
b. SGD AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS MAKE NO WARRANTY THAT (i) THE SERVICE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS AND (ii) THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF SUCH MATERIALS.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SGD OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS, OR CREATE ANY LIABILITY OF ANY KIND FOR SGD, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR PARTNERS.
8. Limitation of Liability
a. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SGD AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SGD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USE OF THE SERVICE OR CONTENT PROVIDED THEREIN.
b. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITIES. THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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