Aginginplace.com, LLC
1601 N.E. 63rd Street Portland, OR 97213 [email protected]
TERMS OF USE
Welcome to the web site of aginginplace.com and the blog homebychoiceblog.com (the sites). It is our desire to provide relevant information as well as references to high quality products and services for those who prefer to remain at home as they age.
By visiting and using the web site aginginplace.com and the blog homebychoiceblog.com, You acknowledge You have read, understood and agree to be legally bound by the Terms of Service (TOS). Those who do not understand and agree to the TOS should leave the Site immediately.
The Web site of aginginplace.com and the blog homebychoiceblog.com is for use solely by responsible persons over the age of 13. By using the Sites, You represent and warrant that You are 13 years of age or older. Your account may be terminated without warning if We believe that You are less than 13 years of age. If You have not yet attended the age of 13 please leave the Site immediately.
By using the web site aginginplace.com and the blog homebychoiceblog.com You are making the following representations and warranties:
1. I understand and agree that I am solely responsible for any and all content I post at the Sites or that I send to another visitor to the sites.
2. I understand and agree that if I use these services in violation of this TOS I may be in violation of local and/or federal laws and I am solely responsible for My actions.
3. I understand and agree that while aginginplace.com and the blog homebychoiceblog.com has no obligation to monitor posted content, aginginplace.com and the blog homebychoiceblog.com may review and remove content they deem, in their sole discretion, to be objectionable.
4. I understand and agree to be bound by the TOS every time I log into aginginplace.com and the blog homebychoiceblog.com, and I understand and agree that aginginplace.com and the blog homebychoiceblog.com may change this TOS from time to time and that the new TOS will be effective at the moment it is posted. I understand and agree to review the TOS regularly to ensure I am up to date as to its contents.
5. I have read the aginginplace.com and the blog homebychoiceblog.com Privacy Policy and understand and agree to abide by its contents.
6. I understand and agree that I am solely responsible for maintaining the confidentiality of the password associated with My use of aginginplace.com and the blog homebychoiceblog.com and that I am fully responsible for all activities that occur under My password.
7. I understand and agree that I will not use the aginginplace.com web site and the blog homebychoiceblog.com to: a. Post, email, upload or transmit any content that is: patently offensive, vulgar, unlawful, threatening, defamatory, abusive, tortuous, obscene, libelous, illegal, hateful, harmful, harasses or advocates harassment of another person, invasive of another person’s privacy, exploitive of people in a sexual or violent manner, racially, ethnically or otherwise objectionable or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b. Impersonate another person or post a photograph of another person as My image;
c. Stalk or otherwise harass another;
d. Harm a minor in any way; e. Promote commercial activities and/or sales such as contests, sweepstakes, barter, or advertising except as provided by the functionality of the Site.
f. Post, email, upload or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, unsolicited mass mailing, chain letters, or pyramid schemes;
g. Promote an illegal or unauthorized copy of another person’s copyrighted work;
h. Upload, post, email, transmit or otherwise make available 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;
i. Use software that automatically creates user identities;
j. Intentionally or unintentionally violate any applicable local, state, national or international law;
k. Post inaccurate or misleading information or pictures; or
l. Misrepresenting a product or service.
11. I understand and agree that I am solely responsible for My interactions with other visitors and that aginginplace.com and the blog homebychoiceblog.com reserves the right, but has no obligation, to monitor disputes between Me and other visitors. 12. I EXPRESSLY UNDERSTAND AND AGREE THAT: a. MY USE OF aginginplace.com and the blog homebychoiceblog.com IS AT MY SOLE RISK. THE aginginplace.com web site and the blog homebychoiceblog.com IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. aginginplace.com and the blog homebychoiceblog.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. aginginplace.com and the blog homebychoiceblog.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE aginginplace.com and the blog homebychoiceblog.com WILL MEET MY REQUIREMENTS; (II) THE aginginplace.com and the blog homebychoiceblog.com SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE aginginplace.com and the blog homebychoiceblog.com SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY ME THROUGH THE aginginplace.com and the blog homebychoiceblog.com WILL MEET MY EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE aginginplace.com and the blog homebychoiceblog.com SITE IS ACCESSED AT MY OWN DISCRETION AND RISK, AND I WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ME FROM aginginplace.com and the blog homebychoiceblog.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. 13. I UNDERSTAND AND AGREE THAT IN NO EVENT SHALL aginginplace.com and the blog homebychoiceblog.com BE LIABLE TO ME OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, DAMAGES ARISING FROM MY USE OF THE aginginplace.com and the blog homebychoiceblog.com SITES, EVEN IF aginginplace.com and the blog homebychoiceblog.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, aginginplace.com and the blog homebychoiceblog.com LIABILITY TO ME FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY ME TO aginginplace.com and the blog homebychoiceblog.com. 14. I understand and agree that if there is any dispute between Me and aginginplace.com and the blog homebychoiceblog.com arising out of or related to these Terms of Service or My relationship with aginginplace.com and the blog homebychoiceblog.com or My use of the Site, the dispute shall be submitted to binding arbitration according to the rules of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all costs of the arbitration, and that neither party shall be entitled to attorney fees, and that all parties hereby submit to exclusive jurisdiction in the state of Oregon and shall be governed by Oregon law without regard to its conflict of law provisions. 15. I understand and agree to indemnify and hold aginginplace.com and the blog homebychoiceblog.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of My use of the Site in violation of the TOS or arising from a breach of the TOS or any breach of My representations and warranties set forth in the TOS or if any of the Content that I post on the Site causes aginginplace.com and the blog homebychoiceblog.com to be liable to another. 16. I understand and agree that the Site may permit the submission of content at the direction of users of the Site (User Content) and the hosting, sharing, and/or publishing of such User Content. I understand and agree that whether or not such User Content is published, aginginplace.com and the blog homebychoiceblog.com does not guarantee any confidentiality with respect to any submissions. I shall be solely responsible for User Content I submit and the consequences of aginginplace.com and the blog homebychoiceblog.com posting or publishing such User Content. In connection with any User Content I submit, I affirm, represent, and/or warrant that: a. I own or have the necessary licenses, rights, consents, and permissions to use and authorize aginginplace.com and the blog homebychoiceblog.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and the TOS; and b. I have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and the TOS. 17. I understand and agree that by submitting User Content to aginginplace.com and the blog homebychoiceblog.com , I hereby grant aginginplace.com and the blog homebychoiceblog.com a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Site, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. I also hereby grant each user of the Site a non-exclusive license to access My User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and under the TOS. aginginplace.com and the blog homebychoiceblog.com may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law. a. In addition to the foregoing licenses, I hereby grant aginginplace.com and the blog homebychoiceblog.com a perpetual, worldwide, non-exclusive, royalty-free, sub-license and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with other websites that make use of services provided b aginginplace.com and the blog homebychoiceblog.com. 18. I understand and agree that the Sites contain material, such as software, text, graphics, images, video, audio and other material (collectively referred to as the Content). The Content may be owned by aginginplace.com and the blog homebychoiceblog.com or may be provided through an arrangement aginginplace.com and the blog homebychoiceblog.com has with others, including other users of the Sites, their Service Provider and their partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. I understand and agree that I have no rights in or to the Content, and I may not use the Content except as permitted under the Terms of Service. No other use is permitted without prior written consent from aginginplace.com and the blog homebychoiceblog.com or the owner of the Content. I understand and agree that must retain all copyright and other proprietary notices contained in the original Content on any copy I make of the Content. I understand and agree that I may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. I understand and agree that if I violate any part of these Terms of Use, the permission of aginginplace.com and the blog homebychoiceblog.com to access and/or use the Content and Site automatically terminates and I must immediately destroy any copies I have made of the Content. 19. I understand and agree that various company, product, and service names displayed on the Sites may be trademarks or service marks owned by aginginplace.com and the blog homebychoiceblog.com or owned by others (Trademarks). I understand and agree that nothing on the Sites should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site. I understand and agree that the Trademarks may not be used to disparage any applicable party, any of their products or services, or in any manner in which, in the sole judgment of aginginplace.com and the blog homebychoiceblog.com, may damage any goodwill in the Trademarks. 20. I understand and agree that the Sites may contain links to third-party websites (External Sites), and that these links are provided solely as a convenience to me and not as an endorsement by aginginplace.com and the blog homebychoiceblog.com of the content on such External Sites. I understand that the content of such External Sites is developed and provided by others. If I have any concerns regarding such links or any content located on such External Sites I will contact the site administrator or webmaster for those External Sites. 21. I understand and agree that the Site contains content posted, stored, or displayed at the direction of users of the Site, for which aginginplace.com and the blog homebychoiceblog.com cannot accept any responsibility or liability.
22. I understand and agree that aginginplace.com and the blog homebychoiceblog.com reserves the right, in its sole discretion, to remove any posting by Me, or to terminate My access to all or any part of the aginginplace.com and the blog homebychoiceblog.com services at any time, for any reason, or for no reason, with or without prior notice or explanation, and without liability. 23. I understand and agree that the TOS constitutes the entire agreement between Me and aginginplace.com and the blog homebychoiceblog.com. I understand and agree that the failure of aginginplace.com and the blog homebychoiceblog.com to exercise or enforce any right or provision of this TOS shall not operate as a waiver of such right or provision. If any provision, or portion thereof, of this TOS is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, I understand and agree that such invalidity shall not affect the validity of the remaining portions of Agreement and understand and agree that aginginplace.com and the blog homebychoiceblog.com may substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
DISCLAIMER OF MEDICAL, LEGAL AND FINANCIAL ADVICE: The Content of aginginplace.com LLC or homebychoiceblog.com, including any Content obtained from third-party licensors, is for informational purposes only. The Content is not intended to be a substitute for professional medical, legal, financial or geriatric care advice. Always seek the advice of a qualified professional doctor, attorney, certified financial planner and licensed geriaritic/eldercare specialist regarding any questions. Reliance on any information provided by aginginplace.com LLC or homebychoiceblog.com, its employees, others appearing on the Site at the invitation of aginginplace.com LLC or homebychoiceblog.com or other visitors to the Site is solely at your own risk.
Never disregard professional medical advice or delay in seeking it because of something you have read on the aginginplace.com LLC or homebychoiceblog.com site. If you think you may have a medical emergency, call your doctor or 911 immediately.
The Terms of Service were last updated on November 13, 2008. We reserve the right to revise this policy from time to time without prior notice, so please review the Terms of Service regularly.