USER AGREEMENT TERMS AND CONDITIONS
- Babyboomersmd.com service (the “Service”) and its affiliate sites (the “Sites”) are accessible worldwide to anyone with Internet access. Access to and use of the Service and the Sites are subject to the terms and conditions of this User Agreement and Copyright Notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THE SERVICE AND THE SITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT. Babyboomersmd.com and its affiliates reserve the right to change these terms and conditions at any time. The changes will appear on this screen. By using the Service and the Sites, you agree in advance to accept any changes.
- The materials used and displayed on the Service and the Sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Babyboomersmd.com are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Babyboomersmd.com.
- The Service and the Sites contain information, facts and opinions from various individuals and organizations. THE SERVICE AND THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER BABYBOOMERSMD.COM NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE OR THE SITES. The information, facts, and opinions provided are no substitute for professional advice. Always consult your primary care physician for any medical advice, diagnosis, or treatment. Always consult your own attorney, accountant, tax preparer, and other qualified advisers to check for accuracy and suitability. This Service and the Sites are for informational entertainment purposes and should be used in conjunction with health care professionals.
- The Service and the Sites may include bulletin boards, chat rooms and other user and member created pages which allow you and other users and members to post information, provide feedback to Babyboomersmd.com and its affiliates, and interact in real-time. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You agree to only post information that is true and correct in light of your knowledge. You shall not, without the express approval of Babyboomersmd.com, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. You will be responsible for, and indemnify and hold harmless Babyboomersmd.com, subsidiaries, divisions, affiliates, authors, publishers, agents and representatives against, any claim arising from any material that you post or transmit. Although Babyboomersmd.com and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and other user and member generated pages on the Site, neither Babyboomersmd.com nor its affiliates is under any obligation to do so. You acknowledge that Babyboomersmd.com and its affiliates do not control the information available on the bulletin boards, chat rooms and other user and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other user or member generated pages are those of their respective authors who are solely liable for their content. Babyboomersmd.com and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards or on any other user or member generated pages. You acknowledge that any submissions you make to the Service (i.e., user-generated content including but not limited to: text, video, audio and photographs) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by Babyboomersmd.com, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You grant Babyboomersmd.com a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for Babyboomersmd.com or any third party they designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any messages sent to Babyboomersmd.com or any Submission posted by you on or to Babyboomersmd.com, including any Submission posted on Babyboomersmd.com through a third party.
- You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless Babyboomersmd.com and all officers, directors, owners, agents, authors, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Babyboomersmd.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
- Babyboomersmd.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
- Your use of the Service and the Sites is at your own risk. BABYBOOMERSMD.COM NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST BABYBOOMERSMD.COM AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREON.
- Babyboomersmd.com does not review or monitor any web sites linked to the Service and the Sites and are not responsible for the content of any such linked web sites. Your use of such web sites is at your own risk. You acknowledge that the use of any advice, opinion, recommendation, statement or other information displayed, link to, or distributed through the Service and the Sites is at your own risk. Prior to purchasing any third party products or services described on the Service and the Sites, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Babyboomersmd.com’s subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third party products or services based upon the information provided on the Service and the Sites.
- You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a bulletin board, chat room or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.
- BABYBOOMERS.COM’S TERMS AND CONDITIONS FOR PODCASTS
Babyboomersmd.com’s podcasting service (the “Podcast Service”) consists of news and information files (the “Podcast Content”) that may be downloaded to your computer and/or transferred to your portable MP3 player.The Podcast Service is available only for private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the Podcast Content, are strictly prohibited. You may not edit or modify or redistribute the Podcast Content or links supplied by Babyboomersmd.com. Ownership: Babyboomersmd.com’s Podcast Service and the Podcast Content are protected by U.S. and international copyright laws Babyboomersmd.com owns all rights including copyright to the Podcast Content, and to The Babyboomersmd.com logos and trademarks used in connection with the Podcast Service. Right to Discontinue Podcast Service: Babyboomersmd.com reserves the right to discontinue providing any or all of the Podcast Service at any time and to require you to cease displaying, distributing or otherwise using any or all of the Podcast Content for any reason including, without limitation, your violation of any provision of this Member Agreement. Babyboomersmd.com assumes no liability for any of your activities in connection with the Podcast Content and/or the Podcast Service or for your use of the Podcast Content and/or the Podcast Service in connection with your Web site, computer or MP3 player. - This User Agreement and any disputes arising out of or related to the Service and the Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of California.
- Babyboomersmd.com may link to affiliate programs and may earn affiliate income in the form of sales commissions, marketing fees, royalties, rebates, and points from links you click on this site. You agree that Babyboomersmd.com guarantees the suitability, warrantability, quality, price, functionality, or safety of any products or services offered by and sold through affiliate relationships; you agree to hold them, as well their affiliates, authors, contributors, and owners harmless from any negative consequences or harm arising from the purchase or use of such products and services.
Privacy Statement
Privacy Statement for Babyboomersmd.com knows that you care about how your personal information is used and shared. Babyboomersmd.com takes your privacy seriously. Please read the following to learn more about our Privacy Statement. By visiting the site Babyboomersmd.com and domain name, or otherwise accessing any of our Software, linked pages, features, content, products or application services offered from time to time by Babyboomersmd.com in connection there with (collectively, the Site and Software), you acknowledge that you accept the practices and policies outlined in this Privacy Statement.
What Does This Privacy Statement Cover?
This Privacy Statement covers Babyboomersmd.com treatment of personally identifiable information (Personal Information) that Babyboomersmd.com gathers when you access the Site and when you use Babyboomersmd.com’s services. This policy does not apply to the practices of companies that Babyboomersmd.com does not own or control, or to individuals that Babyboomersmd.com does not employ or manage.
What Personal Information Does Babyboomersmd.com Collect?
The information Babyboomersmd.com gathers from customers enables us to personalize and improve our services. Babyboomersmd.com collect the following types of information from our customers:
Personal Information You Provide to Us:
Babyboomersmd.com may receive and store any information you enter on our Babyboomersmd.com website or websites we host or provide to us in any other way. The types of Personal Information collected may include your full name, gender, email address, mobile phone number, credit card and/or other payment information, IP address, browser information, username, password, time zone and any other information necessary for us to provide our services. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The Personal Information you provide may be used for such purposes as responding to your requests for certain products and services, customizing the advertising and content you see and communicating with you about specials, sales offers and new products.
Personal Information Collected Automatically:
Babyboomersmd.com receives and stores certain types of information whenever you interact with our Site or use our services. Babyboomersmd.com automatically receives and records information on our server logs from your browser including your IP address, cookie information and the page you requested.
Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our Site and its components, similar to TV ratings that indicate how many people watched a particular show. Babyboomersmd.com only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of the Site or services so that Babyboomersmd.com can make the Site appealing to as many customers as possible and improve those services. As part of this use of information, Babyboomersmd.com may provide aggregate information to our partners about how our customers, collectively, use our Site or services. Babyboomersmd.com share this type of statistical data so that our partners also understand how often people use the Site or services, so that they, too, may provide you with an optimal online experience. Again, Babyboomersmd.com never discloses aggregate information to a partner in a manner that would identify you personally.
Notice of Privacy Rights to California Residents:
California law requires that Babyboomersmd.com provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, Babyboomersmd.com will provide you with the categories of Personally Identifiable Information that Babyboomersmd.com collects through the Babyboomersmd.com website and the categories of third party persons or entities with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of Personally Identifiable Information Babyboomersmd.com collects and what third parties Babyboomersmd.com share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email to the address found below. When contacting us, please indicate your name, address, email address, and what Personally Identifiable Information you do not want us to share with Affiliated Businesses or Marketing Partners. The request should be sent to the attention of our legal department, and labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your Personally Identifiable Information or requesting this notice.
E-mail Communications:
Babyboomersmd.com often receives a confirmation when you open an email from Babyboomersmd.com if your computer supports this type of program. Babyboomersmd.com uses this confirmation to help make emails more interesting and helpful. Babyboomersmd.com also may compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. When you receive e-mail from Babyboomersmd.com, you can opt out of receiving further e-mails by going to the bottom of the email and clicking unsubscribe.
Information from Other Sources:
For purposes such as improving the personalization of our service, Babyboomersmd.com may receive information about you from other sources and add it to our account information. Babyboomersmd.com also sometimes receive updated delivery and address information from our shippers or other sources so that Babyboomersmd.com can correct our records and deliver your next purchase or communication more easily.
What About Cookies?
Cookies are alphanumeric identifiers that Babyboomersmd.com transfers to your computer’s hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. Babyboomersmd.com use cookies to enhance visitors’ experiences, to learn more about their use of the Site and to improve quality.
Most browsers have an option for turning off the cookie feature which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allow you to decide on the acceptance of each new cookie in a variety of ways. Babyboomersmd.com strongly recommends that you leave the cookies activated, however, because cookies enable you to take advantage of some of our Site’s most attractive features.
Ads appearing on the Site may be delivered to users by our advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Statement covers the use of cookies by Babyboomersmd.com and does not cover the use of cookies by any advertisers.
Will Babyboomersmd.com Share Any of the Personal Information it receives?
Personal Information about our customers is an integral part of our business. Babyboomersmd.com neither rent nor sell your Personal Information to anyone. Babyboomersmd.com share your Personal Information only as described below.
Babyboomersmd.com may share your information with Merchants or Affiliates: From time to time, Babyboomersmd.com provides offers from particular Merchants or Affiliates who, as part of the offer, request information on customers. In those cases, Babyboomersmd.com shares some of your Personally Identifiable Information with Merchants or Affiliates. Sharing this Information will allow a Merchant or Affiliate to market directly to you should they choose to do so. However, Babyboomersmd.com will only share Personally Identifiable Information with a Merchant or Affiliate if you inquire about or purchase anything from the Merchant or Affiliate, and only with this Merchant. Babyboomersmd.com specifically disclaims any responsibility or liability for the actions of such Merchant or Affiliate. While Babyboomersmd.com informs them that they are only permitted to communicate with you for the purposes of the specific promotion with Babyboomersmd.com, Babyboomersmd.com does not have any responsibility for the actions of the Merchant or Affilaite, and the actions of the Merchant or Affiliate are not in our control.
Affiliated Businesses Babyboomersmd.com Does Not Control: Babyboomersmd.com anticipates that Babyboomersmd.com may become affiliated with a variety of businesses and work closely with them. In certain situations, these businesses may sell items to you through the Site. In other situations, Babyboomersmd.com may provide services or sell products jointly with affiliated businesses. You can easily recognize when an affiliated business is associated with your transaction, and Babyboomersmd.com will share your Personal Information that is related to such transactions with that affiliated business.
Agents: Babyboomersmd.com employs other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless Babyboomersmd.com tells you differently, Babyboomersmd.com’s agents do not have any right to use Personal Information Babyboomersmd.com share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.
Communication in response to User Information: As part of the Site and services, you will receive from Babyboomersmd.com email and other communication relating to your User Information. You acknowledge and agree that by posting such User Information, Babyboomersmd.com may send you email and other communication that it determines in its sole discretion relate to your User Information.
Promotional Offers: Babyboomersmd.com may send offers to you on behalf of other businesses. When Babyboomersmd.com does so, Babyboomersmd.com does not give the other business your name and address. If you do not wish to receive these offers, please send us an email request.
Business Transfers: In some cases, Babyboomersmd.com may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Babyboomersmd.com, or substantially all of its assets we are acquired, or in the unlikely event that Babyboomersmd.com goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Babyboomersmd.com may continue to use your Personal Information as set forth in this policy.
Protection of Babyboomersmd.com and Others: Babyboomersmd.com may release Personal Information when Babyboomersmd.com believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property or safety of Babyboomersmd.com, our employees, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.
CONDITIONS OF USE
If you decide to visit the Babyboomersmd.com website, your visit and any possible dispute over privacy is subject to this Privacy Statement and our Terms of Use, including limitations on damages, arbitration of disputes and application of California state law.
THIRD PARTY BABYBOOMERSMD.COM WEBSITES
Babyboomersmd.com services may permit you to link to other websites on the Internet, and other websites may contain links to the websites. These other websites not under Babyboomersmd.com control, and such links do not constitute an endorsement by Babyboomersmd.com of those other websites or the services offered through them. The privacy and security practices of websites linked to or from the Babyboomersmd.com websites are not covered by this Privacy Statement, and Babyboomersmd.com is not responsible for the privacy or security practices or the content of such websites.
Is Personal Information About me Secure?
Babyboomersmd.com does not store any credit card information on Babyboomersmd.com owned servers for your protection.
Babyboomersmd.com endeavors to protect user information to ensure that user account information is kept private; however, Babyboomersmd.com cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
The Site contains links to other sites. Babyboomersmd.com is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site. This Privacy Statement only governs information collected on the Site or otherwise by Babyboomersmd.com
This Privacy Statement addresses only the use and disclosure of information Babyboomersmd.com collect from you. If you disclose your information to others on the Site or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. Babyboomersmd.com does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Babyboomersmd.com encourages you to ask questions before you disclose your personal information to others.
What Choices Do I Have?
As stated previously, you can always opt not to disclose information, even though it may be needed to take advantage of certain features of the Site and services.
You are able to add or update certain information on pages, such as those listed in the “What Personal Information Can I Access” section above. When you update information, however, Babyboomersmd.com often maintains a copy of the unrevised information in our records.
You may request deletion of your Babyboomersmd.com account by sending an e-mail to @babyboomersmd@gmail.com. Please note that some information may remain in our records after deletion of your account for reporting purposes.
CAN CHILDREN USE BABYBOOMERSMD.COM ‘S SERVICES?
Our site and the services available through Babyboomersmd.com are not intended for children under the age of 18. Babyboomersmd.com does not knowingly or specifically collect information about children under the age of 18 and believes that children of any age should get their parents’ consent before giving out any personal information. Babyboomersmd.com encourages you to participate in your child’s Babyboomersmd.com experience. Babyboomersmd.com recommends that parents use Internet filtering technology to supervise their kids’ access to the Internet.
Changes to this Privacy Statement
Babyboomersmd.com may amend this Privacy Statement from time to time. Use of information Babyboomersmd.com collect now is subject to the Privacy Statement in effect at the time such information is used. If Babyboomersmd.com makes changes in the way Babyboomersmd.com use Personal Information, Babyboomersmd.com will notify you by posting an announcement on our Site or sending you an email. Users are bound by any changes to the Privacy Statement when he or she uses the Site after such changes have been first posted.
Questions or Concerns
Effective Date: February 5, 2017
If you have any questions or concerns regarding privacy on our Site, please send us a detailed via email to Babyboomersmd@gmail.com
Babyboomersmd.com will make its best effort to reply.