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PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE - As your use of the site, www.elderlifefinancial.com (the "Site") will indicate your acceptance of these terms, do not use the site if you do not agree to be bound by these terms.
Elderlife Financial Services, LLC("EFS") reserves the right to modify these Terms of Use in our sole discretion from time to time and only EFS has the right to do so. If the Terms of Use are changed, we will post the new terms on the Site and note the date they were last updated. Any changes or modification will be effective upon posting of the Terms of Use as revised, and your use of the Site following the posting will constitute your acceptance of the new Terms of Use.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT EFS AND EFS'S PRODUCTS AND SERVICES ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT EFS. IN PARTICULAR, IF YOU ARE MAKING AN INVESTMENT DECISION REGARDING EFS, PLEASE CONSULT A NUMBER OF DIFFERENT SOURCES.
COPYRIGHT AND TRADEMARK - Unless otherwise noted, all materials on this site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by EFS or by other parties that have licensed their material to EFS.
EFS marks on this site represent some of the marks currently owned or controlled in the United States. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all EFS's worldwide proprietary ownership rights, and EFS may own or control other proprietary rights in one or more countries outside of the United States.
Except as stated in the Terms of Use, none of the materials and intellectual property described in these Terms of Use may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of EFS or the respective intellectual property owner. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site - including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of EFS - is strictly prohibited.
All rights not expressly granted are reserved.
PERSONAL USE - EFS grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of this Site or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any EFS trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of EFS or any third party. You may not use any meta tags or any other "hidden text" utilizing EFS's name, trademark, or product name without our express written consent. "Site Materials" means all materials on the Site, including, without limitation, trademarks (as specifically defined in these Terms of Use) design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
You agree to indemnify, defend and hold harmless EFS for any and all unauthorized uses you may make of any material on the site. You acknowledge the unauthorized use of the contents could cause irreparable harm to EFS and that in the event of an unauthorized use, EFS shall be entitled to an injunction in addition to any other remedies available at law or in equity.
We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of this Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
TERMINATION - Notwithstanding any of these terms and conditions, EFS reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site if you violate any of these Terms of Use. Upon termination, these Terms of Use shall still apply.
FEEDBACK AND SUBMISSIONS - You agree you are and shall remain solely responsible for the contents of any submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
While we appreciate your interest in EFS, we do not want and cannot accept any ideas you consider to be proprietary regarding designs, product technology or other suggestions you may have developed. Consequently, any material you submit to this site will be deemed a grant of a royalty free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all so-called "moral rights" have been waived.
LINKS - Some links on the site will allow you to connect with sites that are not under our control. EFS is providing these links only as a convenience. The appearance of a link does not imply EFS's endorsement, nor is EFS responsible for the contents of any linked site. You access them at your own risk.
PRIVACY & SECURITY - For an explanation of EFS's practices and policies related to the collection, use and storage of our online guests' information, please read our Privacy Statement.
DISCLAIMER - THIS SITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EFS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THIS SITE. EFS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. EFS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY. EFS DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF EFS OR IT'S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK. EFS DOES NOT GUARANTEE THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UININTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY - IN NO EVENT SHALL EFS BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EFS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED $5 OR THE COMPENSATION YOU PAID EFS, WHICHEVER IS LESS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
MINORS - EFS asks that parents supervise their children while online. This website is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of this website. No information should be posted by minor children without parental consent.
JURISDICTIONAL - Any dispute arising from these terms shall be resolved exclusively in the state and federal courts of the District of Columbia. EFS makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from outside the United States, be advised this site may contain references to products and services that are not available or are prohibited in your country.
LEGAL EQUIVALENCY - This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
SEVERABILITY - If any provision of the Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
WAIVERS - No waiver, express or implied, by either party of any breach of or default under these Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
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