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Disclaimer and Terms of Use

By accessing, browsing or using this website, you signify your assent to this Disclaimer and Term of Use. If you do not agree to all of these Terms, do not use this website.

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AgingWise.org is an informational resource platform that aspires to its members about aging-at-home related services and information. The website itself is owned by AgingWise, a not-for-profit organization. Your use of this website is governed by these Terms and Conditions and is an agreement with both you and AgingWise.org.

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AgingWise.org is not responsible for any third-party content that may be accessed through this website. Further, AgingWise.org does not endorse any of the companies or opinions listed in or linked to or from the website.

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This page spells out the disclaimers for AgingWise.org and the terms and conditions for use of the website.

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Website Contents, Ownership and Use Restrictions

The information contained in this website, including all images, illustrations, designs, photographs, video clips, writings and other materials (collectively referred to as “Content”) that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled or licensed by AgingWise. The name AgingWise.org, as well as its logos, are of AgingWise.org and its owner and may not be used in any way, including in advertising or publicity, without our prior written permission.

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You may print a copy of the information contained herein for your personal use only, but you may not copy, reproduce, distribute, republish, download, display, post electronically or mechanically, transmit, record, in any manner mirror, photocopy or reproduce the same without the prior written permission of AgingWise.org or the applicable copyright owner.

 
Disclaimer of Warranty

AGINGWISE.ORG IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AGINGWISE.ORG DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM OUR SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD-PARTY WEBSITES OR CONTENT ON THOSE SITES DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON OUR SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF OUR SITE OR ANY PORTION OF IT; (D), THE USER’S USE OF OUR SITE; OR (E) THE USER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH OUR SITE.

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Limitation of Liability

You will indemnify and hold harmless to AgingWise and its affiliates, officers, directors, owners, shareholders, employees, agents, printers, contractors, vendors, suppliers, internet service providers, and partners from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys’ fees, due to or arising out of your unauthorized use of this website or any violation by you of any laws or your violation of any rights of another person.

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IN NO EVENT SHALL AGINGWISE.ORG BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE.

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AgingWise.org, which for the purposes of limitations of liability includes its affiliates, listees and any officer, director, employee, subcontractor, agent, successor or assignee of AgingWise.org, its affiliates and its listees, shall not be liable for any direct, indirect, incidental, special or consequential damages of any kind pertaining to your use of this website, regardless of any negligence of AgingWise.org. That includes, without limitation, attorneys’ fees and lost profits or savings in any way because of, resulting from or arising in connection with AgingWise.org.

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Any information provided through this website or through links to other websites are provided for educational and general informational purposes only and should not be construed as legal advice nor substituted for legal advice provided by a competent attorney.

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AgingWise.org is not and shall not be liable for any claim, loss, cost or liability that arises out of, or relates to a user’s use of links provided by AgingWise.org to other websites. A user of AgingWise.org assumes total responsibility for any damages that may result from the use of any links, including damages which may result from viruses or computer problems associated with such links or repair and replacement of computers or server information, and for any time lost as the result of such damages.

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Laws in Case of Dispute

These Terms and Conditions are governed by and construed in accordance with the laws of the State of California as they apply to agreements made and solely performed therein. Disputes between users of our site and AgingWise.org shall be subject to the jurisdiction of the State of California and U.S. federal courts therein.

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User Comments, Feedback and Other Information Submissions Provided By You

You agree that any comments, feedback or other information that you transmit to AgingWise.org about this website (“Transmissions”) shall be and remain AgingWise.org/AgingWise’s property. All Transmissions will be treated as non-confidential and non-proprietary and AgingWise.org shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the Transmissions to others without limitation. Additionally, AgingWise.org shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing or marketing products incorporating such information.

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In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this website any unlawful, threatening, libelous, defamatory, inflammatory, pornographic or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.

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Links to Third-Party Sites

Links to third party content or sites are provided for your convenience and information only. The content of any linked third-party site is not under our control, and we are not responsible for it.

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We reserve the right to terminate a link to a third-party site at any time. The fact that we provide a link to a third-party site does not necessarily mean that we endorse, authorize or sponsor that site, nor that we are affiliated with the third-party site’s owners or sponsors.

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Notice and Takedown Procedures and Copyright Agent

If you believe any materials accessible on or from this website infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting AgingWise.org copyright agent (identified below) and providing the following information:

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  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

  • Your name, address, telephone number and (if available) email address.

  • A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

  • A signature or the electronic equivalent from the copyright holder or authorized representative.

 

AgingWise.org’s agent for copyright issues relating to this website is as follows:

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webmaster@AgingWise.org

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Eligibility

You must be at least 18 years of age to access and use the AgingWise.org website. By accessing and using the AgingWise.org website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions. You also represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. If you use the AgingWise.org website from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you use the AgingWise.org website.

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Term and Termination

This Agreement will remain in full force and effect while you use the AgingWise.org website and/or have an account. You may disable your account by following the instructions in “Settings” in the AgingWise.org website. AgingWise.org may terminate or suspend your account at any time without notice if AgingWise.org believes that you have breached this Agreement, or for any other reason, with or without cause. AgingWise.org is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. All terms of this Agreement survive any such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

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User Interaction

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT AGINGWISE.ORG CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. AGINGWISE.ORG ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. AGINGWISE.ORG MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. AGINGWISE.ORG RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS.


AgingWise.org is not responsible for the conduct of any user. In no event shall AgingWise.org, its affiliates or its partners be liable (directly or indirectly) for any losses or damages, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the AgingWise.org website. This includes, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the AgingWise.org website. You agree to take all necessary precautions in your interactions with other users, particularly if you decide to communicate off the AgingWise.org website or meet in person.  You should not provide your financial information to other users.

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Content You Post

You agree that any Content you place on the AgingWise.org website may be viewed by other users and any other person visiting the AgingWise.org website. You represent and warrant that (i) all information that you submit upon creation of your account is accurate and truthful and that you will promptly update any information that subsequently becomes inaccurate, incomplete, misleading or false, and (ii) you have the right to post the Content on the AgingWise.org website and grant the licenses set forth below. By posting Content as part of the AgingWise.org website, you automatically grant to the AgingWise.org, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the Content in any existing or future media. You represent and warrant that any use of your Content by the AgingWise.org will not infringe or violate the rights of any third party. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (“post”) on the AgingWise.org website or transmit to other users, including text messages, chat, videos, photographs, or profile text (collectively, “Content”). You understand and agree that the AgingWise.org may review any Content you post, and may delete any Content, in whole or in part, that the AgingWise.org believes violates this Agreement or may harm the reputation of the AgingWise.org. The AgingWise.org reserves the right to investigate and take any legal action against anyone who violates this Agreement, including removing the offending communication from the AgingWise.org website and terminating or suspending the account of such violators. You may not post as part of the AgingWise.org website, or transmit to the AgingWise.org or any other user either on or off the AgingWise.org website, any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights. The following is a partial list of prohibited Content. You may not post, upload, display, or otherwise make available Content that:

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  • promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

  • advocates harassment or intimidation of another person;

  • requests money from, or is intended to defraud, other users of the AgingWise.org website;

  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, or “spamming”, “spimming”, “phishing”, “trolling” or similar activities;

  • promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous, or otherwise objectionable;

  • promotes an illegal or unauthorized copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

  • contains video, audio photographs, or images of another person without his or her permission or, in the case of a minor, the permission of the minor’s legal guardian;

  • contains restricted or password-only access pages, or hidden pages or images (i.e. those not linked to or from another accessible page);

  • provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;

  • provides instructional information about illegal activities, such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating, or creating computer viruses;

  • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; impersonates, or otherwise misrepresents an affiliation, connection or association with any person or entity;

  • provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships, including inside information, and proprietary and confidential information;

  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real-time exchanges;

  • solicits passwords or personal identifying information from other users for commercial or unlawful purposes, or disseminates another person’s personal information without his or her permission; and

  • publicizes or promotes commercial activities (e.g. contests, sweepstakes, barter, advertising, and pyramid schemes) and/or sales without our prior written consent.

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We encourage users to report any transgressions of these policies by other users by contacting AgingWise.org at support@agingwise.org.

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Prohibited Activities

The AgingWise.org reserves the right to investigate, suspend and/or terminate your account if you have misused the AgingWise.org website or engaged in inappropriate or unlawful behavior, including actions or communications with another user that occur off the AgingWise.org website. The following is a partial list of prohibited actions. You will not:

  • impersonate any person or entity;

  • solicit money from any users;

  • post any Content prohibited by the previous section;

  • “stalk” or otherwise harass any person;

  • express or imply that any statement(s) you make are endorsed by the AgingWise.org without our specific prior written consent;

  • use the AgingWise.org website in an illegal manner or to commit an illegal act;

  • access the AgingWise.org website in a jurisdiction in which it is illegal or unauthorized;

  • ask or use users to conceal the identity, source, or destination of any illegally gained money or products;

  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the AgingWise.org website or its contents;

  • collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the AgingWise.org website;

  • interfere with or disrupt the AgingWise.org website, or the servers or networks connected to the AgingWise.org website;

  • transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, or hardware or telecommunications equipment;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the AgingWise.org website through use of third-party software;

  • “frame” or “mirror” any part of the AgingWise.org website, without the AgingWise.org’s prior written authorization;

  • use meta tags, code, or other devices containing any reference to the AgingWise.org or the AgingWise.org website, or any trademark, trade name, AgingWise.org website mark, logo or slogan of the AgingWise.org to direct any person to any other website for any purpose;

  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the AgingWise.org website software used on or for the AgingWise.org website, or cause others to do so;

  • post, use, transmit or distribute, directly or indirectly (e.g. screen scrape), any content or information obtained from the AgingWise.org website other than solely in connection with your use of the AgingWise.org website in accordance with this Agreement.  

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Your use of the AgingWise.org website and Content you post through the AgingWise.org website must comply with all applicable laws and regulations.

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Changes to Terms and Conditions

We reserve the right to change the Terms and Conditions of AgingWise.org at any time and without notice. Users should review this page on a regular basis for any changes. Use of this website following any changes constitutes a user’s acceptance of changes.

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Complete Agreement

Except as expressly provided in a particular “legal notice” on the AgingWise.org website, these Terms and Conditions and the AgingWise.org Privacy Policy constitute the entire agreement between you and AgingWise with respect to the use of the AgingWise.org website and content.

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Contact Us

If you have any questions regarding any information found on this website, you can contact us at

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webmaster@AgingWise.org.

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Revised on 07/10/2023

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