Eons.com™ Terms of Use

THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND OUR SERVICES. BY ACCESSING, USING OR SIGNING UP FOR THIS WEBSITE, OUR NEWSLETTERS OR ANY OTHER SERVICES, YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH EONS.COM, A WHOLLY OWNED SUBSIDIARY OF CREW MEDIA, L.L.C.

Introduction

Welcome to the Eons.com website. The Eons community, located at http://www.eons.com provides a rich web destination for internet users age 40 and beyond.

This website, and the information, content, products and services it makes available (which, collectively are referred to as the "Website"), is provided to you by Crew Media, L.L.C., a Nevada limited liability company, with its principal offices in Emeryville, California ("Eons" or "We"). These Terms of Use (this "Agreement" or "TOU") set forth the terms and conditions governing your use of this Website.

Eons takes these TOU seriously and finds them necessary to create an online atmosphere in which all who come to the community may feel safe and respected. If We believe a user has breached these TOU, We may, without notice, suspend or terminate the user's ability to access the Website and/or any other service, specific content, digital products, products, courses or events, provided to you by Eons, including any personal website or content.

If you do not agree to these TOU, please do not register for or enter the Eons website.

Modifications to this Agreement

Eons may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Website, and specifying the effective date of the new version of the Agreement. Your continued use of the Website following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website you should check to see if a new version of the Agreement has been posted.

Contact Information

If you have any questions or concerns with respect to this Agreement or the Website you may contact a representative of Eons by sending an email to eonshelp@eons.com or mail at Customer Service, Eons.com, Crew Media LLC, 2200 Powell Street, Emeryville, California, 94608, USA.

Website Intended Audience & Age Requirement

This Website is operated by Crew Media from its offices in the United States. This Website is directed primarily to adults in the United States and secondarily to adults in the global community. Users must be 40 years of age or older to register on Eons and use the Website.

Eons is not intended for users under the age of 13. Any registration, use of, or access to the Website by anyone under 40 is unauthorized, unlicensed and in violation of these TOU.

If you are under 40 years of age but older than age 13 and wish to join the Eons Community - please contact info@eons.com to discuss your intent for membership. Exceptions to the Eons Age Requirement are conducted on a case-by-case basis, a process under which the Eons Team will ultimately determine to grant or deny membership.

Privacy

We describe our current practices related to personally identifiable information collected through the Website in our Privacy Policy, and we may update our policies and practices from time to time at our sole discretion.

Your Use of Content and Information—Disclaimer with Respect to Content

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials ("Content") is available on the Website. Some of the Content is provided by Eons or its suppliers, and other Content is provided by persons who use the Website ("Users"), such as User opinions and views provided via posts to group topics, user blogs, or user profiles. While Eons strives to keep the Content that it posts on the Website accurate, complete, and up-to-date, Eons cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Eons or its suppliers, or by Users of the Website. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers and Eons approved partners or suppliers, are those of the respective User or other third party and not of Eons. Eons does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.

Eons does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Website.

Notwithstanding the foregoing, Eons will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.

THE CONTENT AVAILABLE VIA THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER EONS NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.

SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.

User-Submitted Content

Representations Made and Rights Granted

You are responsible for all Content that you submit, post, or otherwise make available to or through the Website. By doing so, you represent and warrant to Eons that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content.

Eons makes no claims to ownership of Content that you submit, post or otherwise make available to or through the Website and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to Eons and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:

  1. with respect to Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available to public areas of the Website (e.g. not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such Content (in whole or part) worldwide via the Website or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
  2. with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available to public areas of the Website, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available.

Eons Rules of Conduct & Community Guidelines

You agree that you will comply with applicable laws, this Agreement, and the Eons Rules of Conduct & Community Guidelines provided. Full compliance with Eons TOUs is encompassing of your adherence with any applicable laws, as well as these Rules of Conduct and the etiquette set forth in the Eons Community Guidelines. We highly recommend you familiarize yourself with this information to ensure an appropriate understanding of what's expected of you as a member of the Website, as well as what you can expect from other members in your experiences within the community.

Groups on the Website

Registered Members and Registered HQ Members may create and maintain their own "Eons Groups" within the website. An "Eons Group" consists of Internet-based discussions and other functionalities that enable participants in the group to communicate with each other. The Group Manager and the Group Moderator(s) are encouraged to set a positive tone for the Eons Group and to report to Eons any abuse or violation of these TOU.

In the Group Manager's sole discretion, he or she may:

  • decide whether the Eons Group is restricted to certain individuals or is accessible to the general public;
  • change the Eons Group's access designation (whether restricted or public) at any time;
  • in restricted Eons Groups, decide who may be a participant, and the participant list may be changed at any time in the Group Manager's discretion; and
  • delete any Member Content posted to the Eons Group.

In addition, the Group Manager may also transfer or delegate any of these decisions and/or responsibilities to another Registered Member, who should be designated on the Eons Group home page as a successor Group Manager or as a "Group Moderator."

In the Group Moderator's sole discretion, he or she may:

  • in restricted Eons Groups, decide who may be a participant, and the participant list may be changed at any time in the Group Moderator's discretion; and
  • delete any Member Content posted to the Eons Group.

In response to Registered Member and Registered HQ Member conduct in Eons Groups that violates these TOU, Eons may take any or all of the actions described in "Registered Members," above, and/or the following actions with regard to the Eons Group:

  • delete an entire Eons Group;
  • change Group Manager or Group Moderator status; or
  • block any participant from the Eons Group.

Ownership and Intellectual Property Rights

Ownership

This Website is owned by Eons. All right to, title to, and interest in the Content available via the Website, the Website's look and feel, the designs, trademarks, service marks, and trade names displayed on the Website, and the Website URLs, are the property of Eons or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.

License to Use Content

Eons grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Website only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Website in any other manner or for any other purpose without the prior written permission of Eons. All rights not expressly granted in this Agreement are expressly reserved to Eons.

Trademark Notices

All trademarks, service marks, logos and designs used on this Website, whether registered or unregistered, are owned by Eons or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Eons or its affiliates without our prior written consent.

Your Contact with Advertisers or Other Third Parties and Other Websites

Your dealings with advertisers or other third parties found on or accessible through the Website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to Users and should not be construed as an endorsement by Eons of content, items, or services on those third-party websites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk.

Eons does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Eons will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website.

Disclaimer of Warranties with Respect to Website

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

EONS DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. EONS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

Limitations of Liability

EONS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEBSITE. 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. YOU SPECIFICALLY ACKNOWLEDGE THAT EONS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.

ADDITIONALLY, IN NO EVENT WILL EONS OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT EONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

You agree to indemnify and hold harmless Eons, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Website.

Complaints Regarding Content

Copyright Infringement

Eons respects the intellectual property of others, and we ask our Registered Members and Registered HQ Members to do the same. Thus, in your use of and interactions with Eons and the website, you may not post, modify, distribute or reproduce in any way any Member Content that is copyrighted material belonging to others, without obtaining their prior written consent. Eons reserves the right, in its discretion, to remove any Member Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Members who we believe to be infringers.

If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the "DMCA"), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at here.

Contact an Eons representative for notice of claims of copyright or other intellectual property by email:

eonshelp@eons.com

We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.

Disputes

You are solely responsible for your interactions with other Registered Members, Registered HQ Members or Visitors to the website. Eons reserves the right, but has no obligation, to monitor or take action regarding disputes between these parties. If there is any dispute or potential dispute as to whether Member Content was posted without necessary authorization or in violation of any third party's rights, then Eons shall have the right, but is not obligated, to investigate the matter in any way it deems appropriate in its sole discretion. In addition, Eons may in its sole discretion take such action as it deems appropriate, including but not limited to suspending or terminating your account or your ability to access the website, and removing any Member Content. You agree to abide by and cooperate with the resolution of any dispute as determined by Eons.

Your Account - Information and Representations Provided at Registration and Thereafter

By registering with Eons, you agree to provide true, accurate, current and complete information about yourself or, if registering your Company as a Registered HQ Member, your Company, in all required fields of the registration form and in all descriptive content you post about yourself or your Company on Eons. If any of your or your Company's information changes, you agree to update your registration information as soon as possible. If Eons suspects that your registration information or descriptive content is not complete, current or accurate or that you have otherwise violated these TOU, your account may be subject to suspension or termination, we may delete anything you have posted (including but not limited to information about yourself or your Company), and you may be barred from using the Eons website.

You are responsible for maintaining the confidentiality of any passwords or personal identifying information (PII) associated with your Eons account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (unless we cause a security breach). Please view the Eons Privacy Policy for further information about account privacy.

Modification or Suspension of the Website

Eons may at any time modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you.

Termination

Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Website. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.

Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Applicable Law

This Agreement and the resolution of any dispute related to this Agreement or the Website shall be governed by and construed in accordance with the laws of California without giving effect to any principles of conflicts of law. Any legal action or proceeding between Eons and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco, California, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of liability may not apply to you.

Notice

Eons may provide you with notices, including those regarding changes to these TOU, by email, regular mail or postings on the website.

Violations of These Terms of Use

Please report any violations of these TOU, including objectionable Member Content or behavior, to eonshelp@eons.com. Please state the reasons for your concern and provide a link to the Member Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Eons in its sole discretion may investigate the matter and take such action as Eons determines to be appropriate.

No Waiver

Eons' failure to exercise or enforce any right or provision of these TOU shall not operate as a waiver of such right or provision. This means that Eons may at any time choose to take an action that it is permitted or legally entitled to take, even if Eons has not taken such an action in the past, in the same or a similar situation.

Terms of Use Update

TOU updated January 26, 2012