Welcome to AgingPro.com!
AgingPro Terms of Use
This website is controlled by
AgingPro, LLC. By using this website, you agree to comply with and be bound by
all of the following provisions (the Terms of Use). Please review them
carefully. If there is anything in them you do not agree with, you are not
authorized to use this website and should not do so.
1. Modifications. We (Aging
Pro) may modify these Terms of Use at any time by posting the modified version
on this website. Any such modifications are effective immediately when posted.
Each use of this website by you constitutes your unconditional acceptance of
the then-current version of these Terms of Use.
2. Privacy. Your use of this website is also governed by
our Privacy Policy. We reserve the
right, and you authorize us, to collect, use and share all information
regarding website uses by you and all information provided by you in any manner
consistent with our Privacy Policy.For
more information, see our full Privacy
Policy.
3. Ownership. All content on this website (including but
not limited to names, logos, trademarks, images, text, columns, graphics,
photographs, illustrations, artwork, audio clips, video clips, software and
other elements) is and will continue to be our property or the property of our
content suppliers, and is protected under applicable copyright, patent,
trademark and other laws. It may be utilized solely for the purpose of
assisting consumers and professionals in identifying and locating professionals
and products. Any other use of this directory is unauthorized and prohibited,
including use for commercial solicitation purposes, as well as the sale of the
information contained herein. Data
mining is prohibited. Any downloading,
copying, transmission, distribution, use or publication by you of any such
content or any part of this website is prohibited, except as expressly
permitted in these Terms of Use. Under no circumstances will you acquire any
ownership rights or license or other interest in any content by or through your
use of this website. Nothing contained on this web site should be
construed as granting any license or right to use any Trademark displayed on
this web site. Your use/misuse of the Trademarks displayed on this web site, or
any other content on this web site, except as provided in these Terms and
Conditions, is strictly prohibited. Any non-personal information,
communications or material you submit to Aging Pro at this site or by
e-mail is non-confidential and Aging Pro is free to use and reproduce
such information freely and for any purpose without compensation to the party
submitting information. By submitting information, you are also warranting that
you own the material/content submitted, that it is not defamatory, and that Aging
Pro's use will not violate any third party's rights. Aging Pro is
under no obligation to use the information submitted.
4. Children. Neither this website nor any part of it is intended for use by
any child under the age of 13 years. We do not knowingly collect information
from anyone who is under 13 years of age. In addition, this website does not
sell or provide services, products, memberships or other items to persons under
18 years of age. If you are under 13 years of age, you do not have our
permission to use this website, even if you are under the supervision of your
parent or guardian. If you are over 13 years of age but still under 18 years of
age, you have our permission to use this website only if you are doing so under
the supervision of your parent or guardian.
5. Website Use; Linked Websites.(a) Subject to the restrictions in Section 4 above, we grant
you a limited, revocable, nonexclusive, nontransferable license to use this
website solely for your own personal use, and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative works or
other use. You agree not to copy materials from this website, not to reverse
engineer or tamper with this website, and not to use in violation of any law
any materials, products, services or other items you obtain through this
website. We reserve the right to terminate your use of this website at any
time, for any reason or no reason. (b) This
website may contain links to other websites that are not controlled or
maintained by us. You agree that we will not be responsible for the content,
advertising, privacy policies, products, services or other materials on or
available from such linked websites. Use of linked websites is at your own
risk. We encourage you to note when you leave our website and to read the terms
of use and privacy policies of such other websites.
6. Conduct, Truth
And Accuracy Of Information You Provide; Compliance With
Laws. You are responsible for
maintaining the accuracy and sufficiency of information You
supply to the site and agree to provide and maintain true, complete and correct
information on the Site. You may not use the Site in violation of any
applicable law, in violation of the intellectual property rights of others or
to transmit harmful, threatening, obscene or other objectionable material. You
may not allow anyone else to use Your email address or
access the Site using your email address. You agree to notify AgingPro
immediately of any unauthorized use of your email or any other suspected breach
of security as to the Site. You acknowledge that AgingPro screens information
Users provide to the Site and may in its discretion remove any content or
terminate your right to use the Site at any time for any reason. You promise that all information provided
to us by you will be truthful and accurate to the best of your knowledge.
You also agree to comply with all applicable laws regarding your use of
this website.
7. Indemnification.You agree to defend each Indemnified Party
(defined below) against, to indemnify each Indemnified Party for and to hold
each Indemnified Party harmless against any claim, liability, lawsuit, loss or
expense, including but not limited to reasonable attorneys fees, in any manner
resulting from, arising out of or related to your failure to comply with these
Terms of Use, your violation of any law or your use of this website. In this
Section 7, Indemnified Party means all of the following: (i)
AgingPro, LLC, and its owners, directors, officers, employees, agents,
advisors, advisory board, counselors and independent contractors; and (ii) each
affiliate of AgingPro, LLC, and each such affiliate's owners, directors,
officers, employees, agents, advisors, counselors and independent contractors.
As the word "affiliate" is used in the preceding sentence, one person
or entity (the first party) is an affiliate of another person or entity (the
second party) if the first party, directly or through intermediaries, has
control of, is under the control of or is under common control with the second
party. In the preceding sentence, "control" means the power in fact
to direct the policies and management of a person or entity, whether through the
ownership of stock, by contract or otherwise.
8. Warranty Disclaimer.
You use the Site at your own risk. a) THE SITE IS PROVIDED ON AN "AS IS,
AS AVAILABLE" BASIS. NEITHER AGINGPRO NOR ANY OF ITS EMPLOYEES, OFFICERS
OR DIRECTORS, MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
SITE, SERVICES PROVIDED BY THE SITE OR ANY CONTENT OR PRODUCTS, AND HEREBY
DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) YOU ACKNOWLEDGE THAT USE OF THE INTERNET
INVOLVES INHERENT RISKS BEYOND THE CONTROL OF AGINGPRO AND AGINGPRO CANNOT
ASSURE THE INTEGRITY, PRIVACY OR RESTRICTED ACCESS TO INFORMATION WHICH YOU
POST TO THE SITE. c) UNDER NO
CIRCUMSTANCES WILL ANY INDEMNIFIED PARTY, AS DEFINED IN SECTION 7 ABOVE, BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF
ANY KIND OR NATURE (INCLUDING BUT NOT LIIMITED TO DAMAGES FOR LOSS OF DATA,
LOSS OF BUSINESS, LOST PROFITS, ATTORNEYS' FEES OR OTHERWISE), OR FOR SPECIAL,
EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR
IN ANY WAY RELATING TO THIS WEBSITE, YOUR USE OF IT OR THE CONTENT OF THIS
WEBSITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE
AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THIS WEBSITE IS TO STOP USING IT.
d) YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (INCLUDING CONSUMER
LAWS) THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN REMEDIES. IF THESE LAWS APPLY TO YOU, THE EXCLUSIONS OR
LIMITATIONS IN THESE TERMS OF USE THAT DIRECTLY CONFLICT WITH SUCH LAWS MAY NOT
APPLY TO YOU.
9. Limitation of Liability. IN NO EVENT SHALL AGINGPRO OR ITS EMPLOYEES, OFFICERS OR DIRECTORS BE
LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE USE OR
THE INABILITY TO USE THE SITE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING
NEGLIGENCE). AGINGPRO'S LIABILITY, TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY US IN THE TWELVE MONTHS
PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. You release AgingPro (and its
officers, directors, agents, and employees) from claims, demands, and damages
(actual or consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with any dispute You may have with any Provider.
10. Use Of Information. We reserve the right, and you
authorize us, to collect, use and share all information regarding website uses
by you and all information provided by you in any manner consistent with our
Privacy Policy.
11. Copyrights And Copyright Agent. If you believe your work has been copied in a way that
constitutes copyright infringement, please provide a notice containing all of
the following information to our Copyright Agent (identified below): (a) An
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest; (b) A description of the copyrighted work
you claim has been infringed; (c) A description of where the allegedly
infringing material is located on this website; (d) Your address, telephone
number and e-mail address; (e) A statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent or the law; and (f) A statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf. Our
Copyright Agent for notice of claims of copyright infringement can be reached
as follows: By Mail: Copyright Agent, AgingPro, 5911 E Spring Street #372, Long
Beach, CA By Phone: 888-244-6499. By e-mail: info@agingpro.com.
12. Entire Agreement; Applicable Law.Use outside the United States: (a) You agree that these Terms of Use constitute our entire
agreement with you regarding your use of this website. (b) You also agree that
these Terms of Use will be governed in all respects by California law,
excluding California's rules on conflicts of law. Any lawsuit regarding this
website or these Terms of Use must be filed and tried only in a court in Los
Angeles County, California. (c) We make no representation that this website is
appropriate or available for use in locations outside the United States, or
that it provides an adequate level of data protection as required in the
European Union or elsewhere. If you access our website from outside the United
States, you do so on your own initiative and at your own risk, and you are
responsible for complying with all applicable laws and regulations regarding
online conduct, acceptable content and all other matters.
13. Jurisdictional Issues. Aging
Pro products, materials, offers, and information appearing on this web site
are intended for U.S. customers. This site is controlled by Aging Pro
from its offices in Los Angeles,
CA, United
States. Aging Pro makes no representation
that materials on this site are appropriate or available for use in other
locations.
14. Disclaimer. AgingPro.com (the "Site") is owned and
operated by AgingPro, LLC; a California
limited liability company ("AgingPro"). The Site offers information
about long-term care, aging, and providers who offer financial, medical,
healthcare and other products or services ("Providers") that may be
able to assist Users' needs. AgingPro is not involved in the actual transaction
between Users and Providers and does not promote or recommend any particular
Provider. Consequently, AgingPro cannot ensure that a transaction will occur or
if it does occur that it will satisfy the needs of either Providers or Users.
The Site acts as the portal for long-term-care information and services.
Listing in this database does not constitute an endorsement, referral, or
statement of qualification by AgingPro, nor does AgingPro screen or evaluate
those listed. Users of this directory should determine for themselves the
qualifications of any professional or product prior to utilizing his or her
services. AgingPro is not responsible for the acts or omissions of any
professional listed herein. The services made available by AgingPro are to
provide information and access to eldercare solutions, professionals and
services. Through the offering of resources we facilitate the exchange of
relevant and timely information between consumers, employers, agencies and
providers (collectively "you" or "users"). Neither AgingPro,
nor any associate of AgingPro offer medical advice on this website. Information
on this site is offered for educational purposes only. Do not act or rely upon
our information without seeking independent professional medical advice. It
is not the intention of AgingPro to provide specific medical advice, but rather
to provide users with information to better understand their health and their
diagnosed disorders. Specific medical advice will not be provided, and AgingPro
urges you to consult with a qualified physician for diagnosis and for answers
to your personal questions.
15. General. This agreement constitutes the entire
agreements between You and AgingPro. The rights and
obligations of the parties under this Agreement shall be governed in all
respects by the laws of the State of California without regard to its conflict
of law provisions and all disputes shall be subject to the exclusive
jurisdiction of the courts of the City of Los Angeles in the State of
California or the federal courts sitting in the State of California and You
hereby consent to such exclusive and personal jurisdiction and venue. If any
provision of this Agreement is found to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent necessary so
that this Agreement shall otherwise remain in full force and effect and
enforceable. This Agreement is not assignable, transferable or sublicensable by You without AgingPro's prior written consent. AgingPro may assign this
Agreement in whole or in part. No agency, partnership, joint venture, or
employment is created as a result of this Agreement and You
do not have any authority of any kind to bind AgingPro in any respect
whatsoever. Headings are for convenience only and have no legal or contractual
effect. All notices under this Agreement shall be in writing and shall be
deemed to have been duly given when receipt is electronically confirmed, if
transmitted by facsimile or email or upon receipt, if sent by certified or
registered mail, return receipt requested. AgingPro.com and the
content contained therein is copyrighted by AgingPro
and the marks and designs of the Site are trademarks or service marks of
AgingPro or its clients. All rights reserved.
16. Linking to AgingPro. In general, Aging Pro does not object
to links to this web site from third party sites. However, you must abide by
the following rules: Unless we have a written agreement with you, you may not
use any of Aging Pro's trademarks, logos or slogans in or with your
links, except that you may link to this site using the plain text name of the
site. Do not present the link to this site in any way that suggests Aging
Pro has any relationship or affiliation with your site or endorses,
sponsors or recommends the information, products or services on your site,
unless you have a specific written agreement with Aging Pro to do so.
Link only to the home page of this site. Do not, without Aging Pro's
written permission: (a) incorporate any content from this site into your site
(e.g., by in-lining or framing); (b) use any of Aging Pro names,
trademarks, slogans, or any other words or codes identifying Aging Pro's
web sites in any "metatag" or other
information used by search engines or other information location tools to
identify and select sites. Aging Pro will not tolerate links from any
obscene, scandalous, profane, defamatory,
unlawful site, or any site that may adversely affect the name, reputation and
goodwill of Aging Pro and its products. Aging Pro reserves the
right to cancel permission to link at any time, for any reason.
E-mail us at our contact
information, below, about seeking permission to use our content, trademarks or
logos in your link to this site.
17. Contact Information. If You have any questions or need
further information as to the Site or services provided by AgingPro, or need to
notify AgingPro as to any matters relating to the Site please contact AgingPro
at: AgingPro 5911 E. Spring Street
#372 Long Beach, CA 90808 Or via
Email to: info@AgingPro.com.