Terms and Conditions

This is Important - Please Read

Parties to the Terms of Use Agreement

This website is owned and operated by Elder.com, Inc., a New Hampshire corporation (referred to hereafter as “Elder.com,” “we,” “us,” or “our”). We offer this website, including all information, products, and services available from and related to this website (“the Site”), subject to the terms, conditions and notices contained in these Terms of Service and the Privacy Statement (collectively, “these Terms”). Please read these Terms carefully. By accessing and using the Site in any way, you are acknowledging that you have read, understood, and agreed to these Terms and you represent and warrant that: (1) you are at least 18 years old and capable of forming a binding contract with Elder.com and are not barred from using our site under applicable law or (2) that your parent or guardian has consented on your behalf to your use of our site. Your access to and use of the Site are conditioned on your acceptance of and compliance with these Terms.

Elder.com Rights

All rights, title, and interest in and to the Site are and will remain the exclusive property of Elder.com and its licensors. The Site and related services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use Elder.com's name, trademarks, logos, domain names, or other distinctive brand features.


RESTRICTIONS ON USE. All materials offered by Elder.com are protected by copyright, and owned or controlled by Elder.com or its third-party providers.

Digital Millennium Copyright Act (DMCA)

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, we will respond to clear notices of alleged copyright and/or trademark infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.”


If you are a copyright and/or trademark owner, or are authorized to act on behalf of one or authorized to act under any exclusive license of such right, please report alleged acts of infringement taking place on or through our site and services by completing the following DMCA Notice of Alleged Infringement through the process described below. Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate.


To provide Notice of Alleged Infringement (“Notice”): (1) Identify the copyrighted work(s) and/or trademark(s) that you claim has been infringed; (2) Identify the material(s) and/or link(s) you claim is infringing and that access to which is to be removed or disabled; (3) Provide your mailing address, telephone number, and, if available, email address; (4) Include both of the following statements in the body of the Notice - “I hereby state that I have a good faith belief that the disputed use of the copyrighted and/or trademarked material is not authorized by the owner, its agent, or the law (e.g., as a fair use)” and “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright and/or trademark or of an exclusive license under such right that is allegedly infringed.”; (5) Provide your full legal name and your electronic or physical signature; (6) Deliver this Notice, with all items completed, to info@elder.com.


Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.


We have no obligation to adjudicate IP claims. Claimants and users must understand that we are not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold us harmless from any resulting claims of infringement brought against us.

Accuracy of Information

All of the information, analysis, materials, opinions, advice, or other statements (collectively, “Content”) on the Site is for entertainment and educational purposes only. Elder.com and its content licensors do not guarantee the accuracy, completeness, usefulness or timeliness of the Content on the Site. Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content.

Accuracy of Information

All of the information, analysis, materials, opinions, advice, or other statements (collectively, “Content”) on the Site is for entertainment and educational purposes only. Elder.com and its content licensors do not guarantee the accuracy, completeness, usefulness or timeliness of the Content on the Site. Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content.

Investment Decisions

The Content on the Site should never be relied upon as the sole basis for making any investment decisions. We and our third-party providers, affiliates, agents, and licensors will not be liable for any investment decisions made based on the Content and/or the Site. Investing is inherently risky, any reliance on the Content on the Site is at your own risk, and you assume any and all risks associated with your investment decisions. We do not advocate the purchase or sale of any individual investment vehicle. We and our third-party providers, affiliates, agents, and licensors may be active investors in the market and may or may not have open positions in any investment vehicle mentioned on the Site. You assume any and all risk associated with your investment decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions in investment vehicles mentioned on the Site. Prior to the execution of a stock trade, you are advised to consult with your broker or other financial representative to verify pricing and other information.

No Advice or Solicitation

Elder.com does not advocate the purchase or sale of any security or investment and no Content published on or through the Elder.com Services constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for You or any specific person. The Elder.com Services are provided for informational purposes only. The Elder.com Services and all Content and Products provided on or through it should not be construed as investment, financial, insurance, tax, legal or other advice.  Elder.com does not provide personalized investment or financial advice or make solicitations, recommendations, endorsements or offers to buy or sell stocks, futures, commodities, options, Forex, or any other security, financial instrument or investment.
No Content on the Elder.com Services is intended to provide personally tailored advice concerning the nature, potential, value or suitability of any particular security, portfolio or securities, transaction, investment strategy or other matter.

DISCLAIMER

THE SITE, INCLUDING ITS CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR THIRD-PARTY PROVIDERS, AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COMPLETENESS, TIMELINESS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY RESPONSIBILITY FOR HARM TO YOUR COMPUTER, LOSS OF DATA, OR OTHER HARM THAT MAY RESULT FROM ACCESS TO OR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO CONTRACTION OF A COMPUTER VIRUS.

Limitation of Liability

Under no circumstances shall Elder.com, its officers, directors, agents, third-party providers, affiliates, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages (including without limitation, attorneys' fees), or any loss of profits or revenues or loss of data, use, good-will, business opportunity, or other intangible losses, whether in an action of contract, negligence or other tortious action, that result from the use of, or the inability to use, any materials available on the Site, even if Elder.com has been advised of such damages. If you are dissatisfied with any Elder.com Information or other materials, or with any of the terms and conditions contained in the Site, your sole and exclusive remedy is to discontinue using Elder.com. If Elder.com or any of its third-party providers, affiliates, agents, or licensors are found liable in connection with a claim arising out of or related to the services or the Information, their aggregate liability in such an event shall not exceed the amount you paid Elder.com, if any, in the past twelve months for the services giving rise to the claim. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from Elder.com, or its third-party providers, affiliates, agents, or licensors.


The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not Elder.com has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. However, because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

General

This agreement is governed by the laws of the State of New Hampshire, U.S.A. You consent to the exclusive jurisdiction and venue of courts in Grafton County, New Hampshire, U.S.A. in all disputes arising out of or relating to the use of this Elder.com website.

Waiver

Elder.com failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Severability

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Entire Agreement

This agreement, in concert with the Privacy Statement, constitutes the entire agreement between you and Elder.com with respect to the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Elder.com with respect to the Site. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Contact us if you have any questions about this agreement.