The BOOMER-LIVINGPLUS.COM. Web Site (the “Service”) is an online information service provided by Boomer Senior Living International (BSLI). (“BOOMER-LIVINGPLUS.COM.”), subject to your compliance with the terms and conditions set forth below including, all exhibits hereto.
BOOMER LIVING™ is a registered trademark of Boomer Senior Living International, Inc. (BSLI) The trademark is registered with the United States Patent and Trademark Office. Other marks which appear on this Web site may be marks of third parties that are not affiliated with BOOMER-LIVINGPLUS.COM. BOOMER-LIVINGPLUS.COM. and its affiliates do not control or endorse the content of third party Web sites.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. IF YOU UTILIZE THE SERVICE IN A MANNER INCONSISTENT WITH THESE TERMS AND CONDITIONS, BOOMER-LIVINGPLUS.COM. MAY TERMINATE YOUR ACCESS, BLOCK YOUR FUTURE ACCESS AND/OR SEEK SUCH ADDITIONAL RELIEF AS THE CIRCUMSTANCES OF YOUR MISUSE INDICATE IS PROPER. BOOMER-LIVINGPLUS.COM. MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
TERMS AND CONDITIONS
These Terms and Conditions (“Agreement”) are made as of the Effective Date by and between Boomer Senior Living International, Inc., a Delaware corporation with offices located at Lansdale, PA, and the Subscriber, as defined hereunder.
WHEREAS, Subscriber desires to access and use the Boomer-LivingPlus.com in accordance with the terms and provisions of this Agreement;
NOW, THEREFORE, in consideration of the mutual benefits of the covenants and restrictions herein contained, Subscriber and Corporation hereby agree as follows:
ARTICLE 1: RECITALS AND DEFINITION
Section 1.01 — Recitals: The above recitals and identification of parties are true and correct.
Section 1.02 — Definitions: The following definitions shall apply:
(1) Access: The term “access” and variants thereof (including, without limitation, “accessing” and “accessible”) shall mean to store data in, retrieve data from or otherwise approach, display, reproduce, frame, establish a Link to, or make use of (directly or indirectly) through electronic means or otherwise.
(2) Boomer-LivingPlus.com: The term “Boomer-LivingPlus.com” shall mean that certain Web Site referred to as Boomer-LivingPlus.com, which is located on the Internet at Boomer-LivingPlus.com, including any and all Corporation Technology used, incorporated, stored or accessible therein, as implemented on The Service System and made accessible to Subscriber through the Internet using the Password.
(3) Effective Date: The term “Effective Date” shall mean the date the Subscriber receives the Password from Corporation or accesses the Boomer-LivingPlus.com, whichever occurs first.
(4) Corporation Marks: The term “Corporation Marks” shall mean trademarks, trade names, service marks and trade dress of Corporation and parent companies, subsidiaries and affiliates of Corporation, including, without limitation, the Boomer Living™ .
(5) Corporation System: The term “Corporation System” shall mean computer systems and communication equipment used for hosting Boomer-LivingPlus.com and providing Subscriber access to Boomer-LivingPlus.com.
(6) Corporation Technology: The term “Corporation Technology” shall mean any and all Technology developed by or for Corporation.
(7) Internet: The term “Internet” shall mean that certain global network of computers commonly referred to as the Internet, including (without limitation) the world-wide-web.
(8) Licensed Content: The term “Licensed Content” shall mean third party Technology incorporated in whole or part into Boomer-LivingPlus.com.
(9) Link: The term “Link” shall mean text, icons, graphic symbols that upon selection or activation, link or associate to, execute, access or retrieve an off-screen Web Site or Technology.
(10) Password: The term “Password” shall mean that certain password and SUBSCRIBER name assigned by Corporation to Subscriber for accessing Boomer-LivingPlus.com as may be modified from time to time as provided hereunder.
(11) Policy Statement: The term “Policy Statement” shall mean those certain written statements of policies (in printed or electronic form) concerning access to Boomer-LivingPlus.com as may be adopted by Corporation and as modified by Corporation from time to time.
(12) Restatements: The term “Restatements” shall mean Section 757 of the Restatement of Torts, Section 39 of the Restatement (Third) of Unfair Competition, Section 1 of the Uniform Trade Secrets Act and 18 U.S.C. §1839.
(13) Subscriber: The term “Subscriber” shall mean the individual or entity assigned the password used to access Boomer-LivingPlus.com.
(14) Technology: The term “Technology” shall mean information, data, ideas, works of authorship, computer software, source code, object code, executable code, software libraries, documentation, databases, database designs, data dictionaries, data models, fields, records, scripts, texts, interfaces, interface designs, screen displays, Web Sites, web pages, Links, visual works, graphic images, audio, video, compilations, formulas, methodologies, techniques, processes, procedures, adaptations, derivative works, computers, hardware, peripherals, components, networks, product lists, supplier lists, and customer lists.
(15) Term: The term “Term” shall mean a period of time starting on the Effective Date and ending on the date either party cancels the Password as provided hereunder.
(16) Unauthorized Access: The term “Unauthorized Access” shall mean any access to Boomer-LivingPlus.com except for access during the Term for the exclusive purpose of viewing, browsing, retrieving, uploading and posting information on and ordering products through Boomer-LivingPlus.com using the Password on behalf of Subscriber in accordance with this Agreement.
(17) Unauthorized User: The term “Unauthorized User” shall mean any individual who accesses Boomer-LivingPlus.com except for Subscriber and employees and agents of Subscriber authorized Subscriber to access Boomer-LivingPlus.com for purposes of viewing, browsing, retrieving, uploading and posting information on and ordering products through Boomer-LivingPlus.com during the Term using the Password on behalf of Subscriber in accordance with this Agreement.
(18) The term “Web Site” shall mean that certain multimedia interactive product which is a compilation of data, information, computer software, graphics, audiovisual, components and coding formatted for use on the world-wide-web of the Internet and commonly referred to as a web site.
ARTICLE II: SCOPE OF USE
Section 2.01 — Access: Corporation hereby grants Subscriber a non-exclusive, non-transferable and revocable license to access Boomer-LivingPlus.com, during the Term, solely for viewing, browsing, retrieving, uploading and posting information, and ordering products on or through Boomer-LivingPlus.com, subject to the terms and provisions of this Agreement. You agree to comply with the Operating Policies set forth in Exhibit A (as they may be amended by BOOMER-LIVINGPLUS.COM. from time to time), which are the rules that govern your activity in connection with The Service. BOOMER-LIVINGPLUS.COM. has the right but not the obligation to remove any communications and materials that BOOMER-LIVINGPLUS.COM. believes in its sole discretion violate the Operating Policies.
Section 2.02 — Policy Statement: During the Term, Subscriber shall comply with the Policy Statement. Corporation may modify the Policy Statement from time to time at the exclusive discretion of Corporation.
Section 2.03 — Password: Subscriber hereby accepts responsibility for, and shall be liable for, all access to Boomer-LivingPlus.com in connection with the Password. Subscriber shall be responsible for the confidentiality of the Password. Modification of the Password shall be subject to the approval of Corporation.
Section 2.04 — Unauthorized Access: Subscriber shall prevent Unauthorized Users from accessing Boomer-LivingPlus.com. Subscriber shall prevent Unauthorized Access to Boomer-LivingPlus.com.
Section 2.05 — Cancellation: Corporation may cancel the Password, for convenience and in the exclusive discretion of Corporation, upon providing written notice of such cancellation to Subscriber in accordance with
Section 5.06 of this Agreement. Subscriber may cancel the Password, for convenience and in the exclusive discretion of Subscriber, upon providing written notice of such cancellation to Subscriber in accordance with
Section 5.07 of this Agreement. Upon cancellation of the Password, Subscriber shall immediately cease and desist any and all access to and attempts to access Boomer-LivingPlus.com.
Section 2.08 — Copyright, Licenses and Idea Submissions. The entire contents of The Service are owned by Boomer Senior Living International, Inc. (BSLI) and third party information providers. You may print and download portions of material from the different areas of The Service solely for your own non-commercial use. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of The Service solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of Boomer Senior Living International, Inc. (BSLI) or any third party information provider to The Service. You agree not to change or delete any proprietary notices from materials downloaded from The Service. You agree to grant to BOOMER-LIVINGPLUS.COM. a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, 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 public areas of The Service (such as bulletin boards, forums and newsgroups) by all means and in any media now known or hereafter developed. You also grant to BOOMER-LIVINGPLUS.COM. 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 BOOMER-LIVINGPLUS.COM. for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
(1) Use of The Service: You understand that, except for information, products or services clearly identified as being supplied by BOOMER-LIVINGPLUS.COM., BOOMER-LIVINGPLUS.COM. does not operate, control or endorse any information, products or services on the Internet in any way. Except for BOOMER-LIVINGPLUS.COM.-identified information, products or services, all information, products and services offered through The Service or on the Internet generally are offered by third parties that are not affiliated with BOOMER-LIVINGPLUS.COM.. You also understand that BOOMER-LIVINGPLUS.COM. cannot and does not guarantee or warrant that files available for downloading through The Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to The Service for the reconstruction of any lost data. You assume total responsibility and risk for your use of The Service and the Internet. BOOMER-LIVINGPLUS.COM. does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, 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, and BOOMER-LIVINGPLUS.COM. shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through The Service or on the Internet generally. BOOMER-LIVINGPLUS.COM. does not warrant that The Service will be uninterrupted or error-free or that defects in The Service will be corrected. The Service and any software made available on The Service are provided on an “as is, as available” basis.
You understand further there are sites on the Internet that contain unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. BOOMER-LIVINGPLUS.COM. has no control over and accepts no responsibility whatsoever for such materials.
In no event will BOOMER-LIVINGPLUS.COM. be liable for (I) any incidental, consequential, or indirect damages (Including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use The Service, or any information, or transactions provided on The Service or downloaded or hyperlinked from The Service, even if BOOMER-LIVINGPLUS.COM. or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in The Service and/or materials or information downloaded through, or hyperlinked from, The Service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, BOOMER-LIVINGPLUS.COM.’s liability is limited to the greatest extent permitted by law.
(2) Third Party Rights: The provisions of paragraphs 3 (Use of The Service), and 4 (Indemnification) are for the benefit of BOOMER-LIVINGPLUS.COM. and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to The Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
(3) Term; Termination: This Agreement may be terminated by either party with a written 30 day notice at any time for any reason. The provisions of paragraphs 2 (Copyright, Licenses and Idea Submissions), 3 (Use of The Service), 4 (Indemnification), 5 (Third Party Rights) and 7 (Miscellaneous) shall survive any termination of this Agreement.
(4) Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of the State of Pennsylvania applicable to agreements made and to be performed in Pennsylvania. You agree that any legal action or proceeding between BOOMER-LIVINGPLUS.COM. and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Pennsylvania. Any cause of action or claim you may have with respect to The Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. BOOMER-LIVINGPLUS.COM.’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. BOOMER-LIVINGPLUS.COM. may assign its rights and duties under this Agreement to any party at any time without notice to you.
ARTICLE III: INTELLECTUAL PROPERTY
Section 3.01 — Ownership and Title: Title to Boomer-LivingPlus.com, (excluding Licensed Content), including ownership rights to any and all patents, copyrights, trademarks and trade secrets in connection therewith shall be the exclusive property of Corporation
Section 3.02 — Unauthorized Use: Subscriber shall not copy or download Boomer-LivingPlus.com without the prior written consent of Corporation. Subscriber shall not access, modify, reverse engineer, reproduce, display, perform or distribute, including (without limitation) by framing or similar means, Boomer-LivingPlus.com without the prior written consent of Corporation. Subscriber shall not (directly or indirectly) promote, advertise, market or provide any Web Site similar to or competitive with Boomer-LivingPlus.com.
Section 3.03 — Trademarks: Corporation shall retain all rights, title and ownership interests in The Service Marks and goodwill associated therewith. Subscriber acknowledges that, excepting The Service Marks, all other product, service and company names mentioned in Boomer-LivingPlus.com may be trademarks of their respective owners.
Section 3.04 — Proprietary Information: Subscriber shall hold Corporation Technology in strict confidence and shall not access or disclose Corporation Technology except as otherwise permitted under this Agreement. Subscriber hereby acknowledges and agrees that The Service Technology derives independent economic value (actual or potential) from not being generally known to other persons who can obtain economic value from its disclosure or use and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; is the subject of reasonable efforts under the circumstances to maintain its secrecy; and is a trade secret as defined under the Restatements.
Section 3.05 — No Contest: Subscriber shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of Corporation in connection with Boomer-LivingPlus.com.
Section 3.06 — Subscriber Submissions: Any Technology (except the Password and ordering information) uploaded, posted or submitted by Subscriber on Boomer-LivingPlus.com shall be deemed non-confidential. Subscriber hereby grants Corporation an irrevocable, worldwide, perpetual, nonexclusive license to access, use, reproduce, modify, adapt, release, perform, display, distribute, sell and disclose such Technology, in whole or in part, in any manner and for any purpose whatsoever, and to have and authorize others to do so. Subscriber represents and warrants that Subscriber possesses all necessary rights, title and interests to rightfully grant Corporation the foregoing license, free and clear of any encumbrances, third party interests and restrictions. Subscriber also represents and warrants that all information provided by Subscriber in connection with Boomer-LivingPlus.com and this Agreement is true, complete and accurate.
ARTICLE IV: WARRANTY AND INDEMNIFICATION
Section 4.01 — Express Warranties: Subscriber hereby acknowledges and agrees that Corporation (including officers, employees, agents, directors and independent contractors of Corporation has not made or granted to Subscriber any express warranties concerning Boomer-LivingPlus.com or any products and services offered through Boomer-LivingPlus.com. Subscriber hereby acknowledges that Boomer-LivingPlus.com does not constitute grant of an express warranty concerning any products and services offered through Boomer-LivingPlus.com and Subscriber hereby waives any and all claims of warranty based on Boomer-LivingPlus.com. Subscriber further agrees to indemnify, defend and hold harmless BOOMER-LIVINGPLUS.COM., its officers, directors, employees, agents, licensors, suppliers and any third party information providers to The Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you.
Section 4.02 — Warranty Limitation: Boomer-LivingPlus.com is provided “as is” without warranty of any kind. Corporation, to the fullest extent permitted by law, hereby disclaims and subscriber hereby waives all warranties by corporation, express or implied, including, but not limited to, all implied warranties of fitness for a particular purpose, all implied warranties of merchantability and warranties of non-infringement of third party rights in connection with Boomer-LivingPlus.com and products and services offered through Boomer-LivingPlus.com. Corporation does not warrant and subscriber hereby waives any warranty that use of or access to Boomer-LivingPlus.com by subscriber will be uninterrupted or error free. Corporation does not make any warranty and subscriber hereby waives any and all warranties as to the results obtained from use of Boomer-LivingPlus.com or as to the accuracy, completeness, timeliness or reliability of Boomer-LivingPlus.com. Subscriber hereby acknowledges and agrees that use of the internet and Boomer-LivingPlus.com shall be at the sole and exclusive risk of subscriber and subject to the restrictions, terms and conditions, rules, regulations, policies, applicable laws and codes of conduct governing the internet and Boomer-LivingPlus.com.
Section 4.03 — Inaccuracies: Subscriber hereby acknowledges that Boomer-LivingPlus.com may contain errors, inaccuracies and omissions. Subscriber shall assume any and all risk of loss, harm or damage associated with Subscriber access to and use of Boomer-LivingPlus.com.
Section 4.04 — Limitation of Liability: Corporation shall not be liable for any lost profits or consequential, exemplary, incidental or punitive damages (including, without limitation, in connection with (i) use, performance or operation of Boomer-LivingPlus.com; (ii) use, performance or operation of the internet or use of the internet by subscriber; (iii) loss of data; and (iv) products and services offered through Boomer-LivingPlus.com, regardless of the form of action, whether in contract or in tort, including negligence, and regardless of whether corporation has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable.
Section 4.05 — Limitation of Damages: The sole remedy of subscriber for any reason and for any cause of action whatsoever in connection with this agreement, Boomer-LivingPlus.com, and products and services offered through Boomer-LivingPlus.com, regardless of the form of action, whether in contract or in tort, including negligence, shall be modification of Boomer-LivingPlus.com, as determined by corporation.
Section 4.06 — Indemnification: Subscriber shall release, defend, indemnify and hold harmless Corporation (including its officers, directors, employees, affiliates, contractors and agents) from and against any expense, loss, cost or liability (including, without limitation, attorney fees and paralegal fees) arising from any and all claims, demands, damages or actions resulting from or related to (i) use by Subscriber of the Internet, Boomer-LivingPlus.com or products or services offered through Boomer-LivingPlus.com (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of Boomer-LivingPlus.com; (iii) Subscriber’s negligence or any tortious acts (or failures to act) of Subscriber; (iv) products or services offered through Boomer-LivingPlus.com; and (v) any breach by Subscriber of the obligations of Subscriber under this Agreement.
Section 4.07 — Export Assurance: Subscriber shall not perform any act in conflict with or in violation of the export laws and regulations of the United States of America, including (without limitation) the Export Administration Act, 50 U.S.C. §2401, et seq., the Export Administration Regulations, 15 C.F.R. Parts 730-774, the Arms Export Control Act, 22 U.S.C. §2751, and the International Traffic in Arms Regulations, 22 C.F.R. Parts 120-130, as amended.
Section 4.08 — Links: Subscriber hereby acknowledges that Boomer-LivingPlus.com may contain Links to third party Web Sites. Any such Links are provided solely as a convenience to Subscriber and do not constitute an endorsement by Corporation of such Web Sites and the third party content therein.
ARTICLE V: MISCELLANEOUS
Section 5.01 — Entire Agreement: This Agreement contains the entire understanding of the parties relating to the subject matter hereof and supersedes all previous verbal and written agreements between Corporation and Subscriber relating to the subject matter hereof.
Section 5.02 — Amendments and Modifications: Excepting modifications made to the Policy Statement by Corporation and modifications made to this Agreement by Corporation, any alteration, modification or amendment of this Agreement shall be void unless such alteration, modification or amendment is in writing and signed by an authorized representative of Corporation.
Section 5.03 — Severability: If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
Section 5.04 — Captions: The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.
Section 5.05 — Governing Law: This Agreement shall be governed by the laws of the state, Lansdale, Pennsylvania, without regard to any rules of conflict or choice of laws which may require the application of laws of another state.
Section 5.06 — Subscriber Notice: All notices to Subscriber shall be in writing. Notices to Subscriber shall be deemed delivered when posted conspicuously on Boomer-LivingPlus.com or when delivered to Subscriber electronically, by commercial overnight delivery service, by Certified or Registered Mail – Return Receipt Requested – or by hand. Notices to Subscriber shall be deemed given when dispatched. Notices posted conspicuously on Boomer-LivingPlus.com or delivered to Subscriber electronically (including, without limitation, electronic mail) shall be deemed written notices.
Section 5.07 — Corporation Notice: All notices to Corporation shall be in writing. Notices to Corporation shall be deemed delivered when delivered by commercial overnight delivery service, Certified or Registered Mail – Return Receipt Requested – or by hand to the address set forth below for Corporation. Notices to Corporation shall be deemed given on the date notice is received by Corporation (as evidenced in the case of Certified or Registered Mail by Return Receipt).
1003 Saw Mill Way, Lansdale, PA 19446
Section 5.08 — Pronouns/Gender: Pronouns and nouns shall refer to the masculine, feminine, singular or plural as the context shall require.
Section 5.09 — Remedies: All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. The parties hereby acknowledge and agree that damages at law will be an inadequate remedy to Corporation. In addition to remedies at law and other rights which may be available, Corporation shall have the right of specific performance, injunction or other equitable remedy (including, without limitation, the right to such equitable remedies prior to or pending arbitration) in the event of a breach or threatened breach of this Agreement by Subscriber.
Section 5.10 — Waiver: Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
Section 5.11 — Survival: The terms and provisions of Sections 2.04 and 2.05 and Articles I, III, IV and V of this Agreement shall survive cancellation of the Password.
Section 5.12 — Public Announcements: All public announcements concerning Boomer-LivingPlus.com or the relationship of Subscriber and Corporation shall be subject to the prior written approval of Corporation.
Section 5.13 — Arbitration: Any controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration in accordance with the Arbitration Rules of MyTechnologyLawyer.com. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Qualified Arbitrators shall be selected by the parties in accordance with the Arbitration Rules of MyTechnologyLawyer.com. Each party shall have the right of discovery as set forth in the Federal Rules of Civil Procedure. The Arbitration shall be administered by MyTechnologyLawyer.com.
Section 5.14 — Litigation Expense: In the event of litigation or arbitration arising out of or relating to this Agreement, each party shall pay its own costs and expenses of litigation or arbitration (excluding fees and expenses of arbitrators and administrative fees and expenses of arbitration).
Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by BOOMER-LIVINGPLUS.COM. BOOMER-LIVINGPLUS.COM cannot and does not screen content provided by users of The Service. Notwithstanding the foregoing, BOOMER-LIVINGPLUS.COM reserves the right to monitor content on The Service and to remove content which BOOMER-LIVINGPLUS.COM, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain an informative and valuable service that meets the needs of the users of The Service and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
1. Unless you are participating in an area of The Service that requires or encourages anonymity, use your real name in online communications.
2. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
3. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
4. You may not interfere with other users’ use of The Service.
5. You may not use any robot, spider, or other automatic device or process to monitor or copy our web pages or any portion of the content contained herein without our express written permission.
6. You may not post or transmit any file which contains viruses, worms, “Trojan horses” or any other contaminating or destructive features.
7. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not The Service’s intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, BOOMER-LIVINGPLUS.COM reserves the right to take such action as it deems appropriate in cases where The Service is used to disseminate statements which are deeply and widely offensive and/or harmful.
8. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of The Service for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
9. You may not post or list articles which are off-topic according to the description of the group or list or send unsolicited mass e-mailings to 10 people or more if such e-mail could reasonably be expected to provoke complaints from its recipients.
10. You may not use the facilities and capabilities of The Service to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.