Last Updated 11/06/15
Use of Content; Ownership
You acknowledge that the Site contains information, software, photographs, audio and video clips, graphics, text, images, illustrations, designs, icons, links and other material that are protected by copyright, trademark or other proprietary rights of AgingCare or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content"). The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which are owned by AgingCare.
The phrase "Agingcare.com" is a trademark owned by AgingCare. Other trade names and trademarks present on the Site appear with the permission of their respective owners, or appear under principles of "fair use." Unless otherwise noted, by using a third party's trademark or trade name on this Site, we do not intend to suggest any affiliation with or endorsement of such third party or its products or services, and we hereby expressly disclaim any such affiliation or endorsement.
Rules of Conduct
The Site is intended to be used for lawful purposes only. You may have the opportunity to post, transmit or otherwise make available information, ideas, opinions, images, or other content on the Site ("User Content"). You may not post on the Site any content which (a) is libelous, false, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (d) otherwise violates any applicable law or reputation. You may not post on the Site any links to any external Internet sites that are obscene or pornographic. You may not impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity. You shall not use the Site for any commercial purpose not expressly approved by AgingCare, nor shall you distribute any "spam," advertising or solicitation of funds or goods and services or solicit users to join competitive online services. You agree that, in submitting User Content, you will only submit User Content that is reasonably related to the subject matter of the online discussion or Site, as applicable. You are expressly prohibited from using our Site to post or transmit any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
As further conditions to your use of the Site and the Content, you further specifically agree that you will not:
- Upload, email or otherwise transmit any images or other Content that invade the privacy of any third party, or are otherwise objectionable.
- Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person's consent.
- Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form -- can easily be copied, modified and sent over networks (such as the Internet). These materials may not be transmitted over the Site without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.
- Transmit materials that contain any Trojan horses, worms, time bombs, cancelbots, or other computerprogramming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Seek to use for financial gain the Site, related computer facilities, or information available on the Site.
- Use the Site in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
- Seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Site.
- Use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
On specific areas of our Site you will be allowed to submit User Content. We do not prescreen User Content. AgingCare shall have, in its sole discretion, the right to edit, refuse, remove or move any User Content from the Site.
Please understand that we do not control – and do not endorse – any User Content. When you access User Content, you do so at your own risk, and we expressly disclaim responsibility for the User Content.
We disclaim all responsibility or liability arising from User Content, and assume no responsibility for any error, omission, defamation, falsehood, obscenity, or threat contained in any information posted on the Site or transmitted through the Site. We have no obligation to respond to any User Content, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users on online chats or bulletin boards which we may include on the Site.
The nature of this Site is interactive and public. By posting User Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. All User Content shall be the property of AgingCare, LLC. You agree that we may use or disclose User Content in any manner. Moreover, we shall be free to use, without restriction and without compensation to you, any ideas, concepts, know-how, suggestions, or techniques contained in any User Content you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services using such information.
Third parties including, but not limited to, senior housing and care communities, advertisers and others who have contracted with us (“Third Parties”) are solely responsible for evaluating, accepting (or declining, as appropriate), and caring for all residents including, without limitation, ensuring that their staff are appropriately qualified, current on education, and possess the necessary facilities, resources, and equipment to competently provide the services and care required by its residents. Each Third Party is responsible for the conditions at its community and the training of and acts and omissions of its employees, contractors, vendors, and any other individual who works at or for a community.
The Third Parties are responsible for the content of the information posted on their pages or posted by them on the Site. The information does not represent our views or any individual associated with us, and we do not control this content. We do not vouch for the accuracy or completeness of any of the information posted by and/or for Third Parties on the Site, and do not take any responsibility or assume any liability for any actions you may take as a result of reading the information posted by and/or for the Third Parties on the Site. By using the Site and/or services of Third Parties, you assume all associated risks.
No Endorsement; No Affiliation; Not a Broker
We exercise no independent judgment as to the quality of, nor do we recommend or endorse, any Third Parties. We provide only an information service and do not (1) place the consumer in any community of the Third Parties, (2) perform any medical assessment of or for the consumer or the Third Parties, or (3) participate in the consumer's and Third Parties' decision regarding final selection or admittance. Further, we are not a representative of or agent for either the consumer or the Third Parties and do not act on either's behalf. It is the responsibility solely of the Third Parties and the potential resident, and/or the potential resident's family and care provider(s) and/or other involved parties acting on the potential resident's behalf to determine if any person is an appropriate admission to the Third Parties. We do not broker, sell or lease space directly and are not a party to any transaction between the provider and the family.
Professional Advice Disclaimer
Agingcare.com provides information (for example, medical, legal, and financial) for informational purposes only, which should not be construed as advice. The information provided in this Site, or through links to Third Parties sites, is not a substitute for obtaining proper medical, legal, financial or other professional care or services. We are not engaged in providing professional medical, legal or financial advice via this Site or otherwise. You should not view the information provided on this Site as a substitute for medical, legal, or financial advice offered by a licensed professional or otherwise, and if necessary, you should seek the advice of a licensed medical, legal, or financial professional, as applicable. No action should be taken based upon any the professional information contained in the Site. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any information contained within the Site. AgingCare does not warrant the accuracy, completeness or currency of the information provided on and made available through this Site. AgingCare does not accept any liability for any injury, loss or damage incurred by use of or reliance on the information contained within the Site. Publication of the content appearing on this Site does not necessarily constitute an endorsement of the views expressed therein, and does not constitute a warranty or guarantee of any strategy, advice, recommendation, treatment, action, or medication.
This Site should not be construed as providing specific instructions for individual patients, nor as a substitute for the diagnosis, treatment and advice of a medical or other professional. Any content contained on this Site should not be used to determine treatment for a specific medical condition. Health content does not cover all possible uses, precautions, side effects and interactions, and should not be construed as a representation or assurance that any drug or procedure is safe, appropriate or beneficial. Talk to a licensed doctor or pharmacist before using any prescription or over the counter drugs, including any herbal medicines or supplements. Only a licensed doctor or pharmacist can provide you with advice on what is safe and effective for you. You should also check the product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement referenced or mentioned on this Site.
For specific legal advice to rely on, you should seek advice from a lawyer, rather than this Site. Any legal information provide on this Site does not constitute legal advice. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the legal information contained in or linked to this Site. Legal advice must be tailored to the specific circumstances of each matter, and laws frequently change. Nothing provided in this Site should be used as a substitute for the advice of competent legal counsel.
This Site does not make any recommendation or endorsement as to any financial investment, advisor or other service or product, or to any financial material submitted by Third Parties or linked to this website. In addition, this Site does not offer any advice regarding the nature, potential value or suitability of any particular investment, security or investment strategy. The financial information provided on this Site may not be suitable for your particular circumstance. If you have any doubts you should contact a qualified financial advisor. This Site does not make recommendations for buying or selling any securities. It is up to users of this Site to make their own financial decisions, and if necessary to consult with a qualified financial advisor when evaluating the information on this Site.
Privacy and Consent to Communications
Recorded Telephone Communications
Telephone communications between you and AgingCare may be recorded or monitored for quality control purposes. By filling out any forms on the Site or by providing information to us, you expressly consent to the recording of these telephone communications.
Third Party Products and Services
We may run advertisements and promotions from Third Parties on the Site or may otherwise provide information about or links or referrals to Third Parties’ products or services on the Sites ("Third Party Products and Services").
We do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third Party Products and Services, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and Services. Because we do not control such Third Party Products and Services, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third Party Products and Services, and you use such Third Party Products and Services at your own risk.
Your business dealings or correspondence with, or participation in promotions of, such Third Party Products and Services, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such Third Parties.
You should investigate and use your independent judgment regarding the merits, quality and reputation of any Third Party Products and Services that you find on or through the Site.
Your Indemnification of Us
You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of our services; (iv) access or use of our services under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.
Amendments of this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Collier County, Florida, or the United States District Court, Middle District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
Third Party Information and Links
Certain content from third parties may be made available as part of this Site. This content is believed to be reliable, but we do not endorse, sanction, verify, or guarantee the accuracy or completeness of such content and AgingCare makes no warranty as to the accuracy of any such information. This Site may contain links to other sites on the Internet that are owned and operated by our business partners, third party vendors, or other third parties. Clicking on such a link to a third party website will cause you to leave this Site. The links are only provided as a convenience and we do not endorse any of these sites. We do not control the third party sites and therefore, we are not responsible for the content of any third party website or any link contained in any third party website. By using this Site to link to another website, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of this Site to link to a third party website. Concerns regarding any third party service, resource, or link should be directed to the particular outside service or resource. Access to other sites linked to this Site is at your own risk, and we disclaim all liability with regard to your access to such linked web sites. In addition, we do not necessarily endorse, sanction, or verify sites that link to this Site, even if the logo or mark of Agingcare.com is used as part of the link to this Site.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. You agree that AgingCare shall not be responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials. You also agree that AgingCare shall not be responsible or held liable for loss, damage or disputes resulting from dealing with advertisers or advertisements on this Site.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration. Each registration is intended for your personal use only, and you are responsible for preventing (a) any other person from using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. Such use of this Site is prohibited.
If you believe that materials posted on this Site infringe rights you enjoy under copyright law in specific materials (collectively, a "Work"), we request that you follow the procedure described below to notify us of your concerns or objections, or disable access to material that you believe infringes your Work. If you believe materials posted on this Site infringe the copyright in your Work, your concerns should be directed to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns (our "Designated Agent"):
9015 Strada Stell Court
Naples, Florida 34109
You should notify our Designated Agent of your concerns as follows:
(i) Place your concerns in writing, and sign the document;
(ii) Identify the Work, which you believe is being infringed;
(iii) Identify the material on our site which you believe infringes your Work, and identify this material in a sufficient manner to permit us to locate the material without undue searching; and
(iv) Provide in your notice sufficient information for us to contact you, including an address, telephone number, and, if available, an e-mail address.
To qualify for protection hereunder, you must in good faith believe the challenged use is unauthorized, and all statements in your notice must be accurate, and signed under penalty of perjury.
Upon receipt of a proper notice in the form specified above (a "Notice"), we may remove or disable access to the materials on the Site which you assert infringe your Work and notify the person or persons responsible for the allegedly infringing materials (the "Respondent") that we have removed or disabled access to the materials. Under the Digital Millennium Copyright Act, the Respondent has an opportunity to dispute your claim that his or her materials infringe your Work. The Respondent may provide us with a "counter-notification." Upon receipt of a proper counter-notification, we will act as provided in the Digital Millennium Copyright Act.
Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
You acknowledge that documents posted to and Content available at the Site may contain computer viruses. Should you download any such materials from the Site, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.
Disclaimer of Warranties
YOU AGREE THAT USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. AGINGCARE DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS WITHIN THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS, OMISSIONS OR INACCURACIES IN THIS INFORMATION AND MATERIALS WITHIN THE SITE. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ACCURACY, COMPLETENESS, CURRENCY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS WITHIN THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL AGINGCARE BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) ARISING FROM OR THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF AGINGCARE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR:
- ANY LOSS OR FAILURE TO PERFORM OUR OBLIGATIONS DUE TO FORCE MAJEURE, TELECOMMUNICATIONS FAILURE, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL;
- ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS OR INTERRUPTIONS IN RESPECT OF THE CONTENT OR OUR SERVICES; OR
- ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SITE CONTENT OR OUR SERVICES.
- USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY or any user of the Site.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts sitting in the county or judicial district which includes Collier County, Florida.
We make no representation that the information in the Site is appropriate or available for use in locations outside the United States, and access to this Site from locations where the provision of such information may be illegal is prohibited. Users who determine to access this Site from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.
This Agreement and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.
If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible.
To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Our rights under this Agreement shall survive any termination of this Agreement.
The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this Agreement.