Terms and Conditions

Last Updated: February, 2018

 

Welcome to agingwelldenver.com (the “Site”). Aging Well Denver LLC (“Aging Well”) provides our visitors (“You” or “Your”) with a link to wellness information to help you live a happier, healthier life. Your use of Aging Well’s Site and software or services offered through the Site (referred to collectively as the “Services”) is subject to these terms and conditions (the “Terms and Conditions”) and form a binding agreement between You and us. Please review the following terms carefully. Each time You access the Site or use the Services, You are agreeing to be bound by these terms whether You are a “Visitor” (which means that You simply browse the Site), or You are a “Member” (which means that You have established an account with us to use certain Services on the Site(Your “Account”)).

If You do not agree to all of these terms, You may not access the Site or Services and You must cease access to the Site and Services immediately.

We may change the terms of the Terms and Conditions from time to time. We will notify You of any material changes by posting notice of the changes on the Site. Any such modifications become effective upon Your continued access to and/or use of the Site or Services after we post notice of such modifications. It is Your sole responsibility to check the Site from time to time to view any such changes to the terms in the Terms and Conditions. If You do not agree to any changes, if and when such changes may be made to the Terms and Conditions, You must cease access to the Site and use of the Services. We reserve the right to discontinue the Site or Services with or without notice to You.

No Medical or Professional Advice – The contents of the Site and Services, such as text, articles, blog posts, graphics, images, information obtained from third parties, and other material contained on the Site or Services, are for informational purposes only. The contents of the Site and Services are not intended to be a substitute for professional financial, medical, or other advice, medical diagnosis, or treatment. Reliance on any information provided by Aging Well, Aging Well employees, others appearing on the Site or in regards to the Services at the invitation of Aging Well, or other visitors to the Site is solely at your own risk.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.  You assume all responsibility in connection with any decision you make in regards to your health or financial affairs, whether or not you obtained relevant information on or through this Site or by using the Services.

Privacy – Please review our Privacy Policy at [INSERT HYPERLINK] to understand our practices regarding privacy.  The Privacy Policy, together with these Terms and Conditions, may be referred to herein as the “Agreement.

User Consent – By using the Site or the Services, You represent and warrant that You are at least 18 years old, You have the right, authority and capacity to enter into this Agreement, and You will abide by all of the terms and conditions of this Agreement.

Electronic Communications – You agree to receive communications from us electronically (via e-mail). You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any and all legal requirements that such communications be in writing.

Member Accounts – A Visitor may browse the Site in accordance with these Terms and Conditions, but will not have access to certain Services without first becoming a Member. In order to use the Services available to a Member, You are required to set up an Account with us. When You set up an Account, You are required to select a unique user ID and password (collectively “Account Credentials”).  You promise that all information You provide to us is true, accurate, current and complete, and You agree to maintain and promptly update such information to keep it true, accurate, current and complete. You may not transfer or share Your Account Credentials with any third parties, and You are solely responsible for maintaining the confidentiality of Your Account Credentials. You acknowledge and agree that we rely on Account Credentials to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using Your Account Credentials, we will rely on the Account Credentials and will assume that it is really You who is accessing the Site and Services. You are solely responsible for any and all use of Your Account Credentials and Account and all activities that occur under or in connection with Your Account Credentials and Account. You agree to be responsible for any act or omission of any users that access the Site or Services under Your Account Credentials. You agree not to register for more than one Account or register for an Account on behalf of any group or entity.

Copyright & Trademarks – The Site, the Services, and the content therein are intended for your personal use. Unless otherwise noted, all content on the Site and in the Services, including text, graphics, logos, button icons, images, audio clips, software, and code (the “Copyrighted Content”), is the property of Aging Well or a third party and is protected by United States and international copyright laws. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks or logos (the “Marks”) of Aging Well or other third parties. You are not authorized to use any such Marks. Any use of third party software provided in connection with the Site or Services may be governed by such third parties’ licenses. Ownership of all such Marks and Copyrighted Content and the goodwill associated therewith remains with us or those other entities. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Copyrighted Content or the Marks. Downloading or copying Site content for other than personal, noncommercial use is expressly prohibited without the prior written permission of us and any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or copying any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Site or use any meta tags or any other hidden text utilizing our, or any third party’s, names or trademarks, without our express written consent.

You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission of your content in using the Services or on the Site. All rights not expressly granted herein are reserved.

User Content – Unless indicated otherwise, when you submit material on our Site (“Content”), you grant Aging Well a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You also grant Aging Well and its sub-licensees the right, but not the obligation, to use the name that you submit with such Content. You represent and warrant that you own, control, or are lawfully authorized to use the Content, it is accurate, and that You will not post or use any Content in any manner that:

  • Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;

  • Violates the privacy, publicity, or other rights of third parties;

  • Violates any law, statute, ordinance or regulation;

  • Is false or inaccurate or becomes false or inaccurate at any time;

  • Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;

  • Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;

  • Misrepresents Your identity in any way;

  • Contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

  • Advocates or encourages any illegal activity; or

  • Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.

 

General Rules of User Conduct – You agree not to, and represent and warrant that You will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services or access to the Site or Services for any purposes other than that for which the Site or Services are being provided to You, or do any of the following:

  • Conduct or promote any illegal or unethical activities while using the Site or Services;

  • Upload, distribute or print anything that may be harmful;

  • Attempt to reverse engineer or jeopardize the correct functioning of the Site or any applicable Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site or any applicable Services;

  • Upload or transmit any form of virus, worm, Trojan horse, or other malicious code or other similar harmful or deleterious programming routines;

  • Use or allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);

  • Use the Site or Services to stalk, harass or harm another individual;

  • Use any robot, spider, other automatic device, or manual process to access, search, harvest, “screen scrape,” monitor, “mine,” or copy information from the Site or Services;

  • Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey or violate any requirements, procedures, policies or regulations of networks connected to the Site or Services;

  • Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;

  • Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages; or

  • Use the forum not in accordance with the Forum Code of Conduct, located at [INSERT HYPERLINK].

 

Protecting Children – This Site is not directed toward children under the age of 13, and we do not knowingly collect any personal information from children under the age of 13. If you are between the ages of 13 and 18, please ensure that you use this Site only with the permission of a parent or guardian. If a child under 13 provided this Site with personal information, we ask that a parent or guardian contact us at info@agingwelldenver.com.

Links to Third-Party Sites – When you visit a website to which Aging Well provides a link, please be aware that you will be interacting with a third party that operates under its own privacy policy and terms of use. If you choose to access, use or obtain services through a third party site, the data collected by the third party and your use of the site is governed by that third party’s privacy policy and terms of use. We encourage you to review the privacy policies and terms of use of any other service provider whose site you access and use and from whom you request services.

Suspension/Termination/Removal of Content – You agree that we, in our sole discretion, may immediately suspend or terminate Your access to the Site and Services or your Account at any time, for any reason, without notice or refund. SUSPENSION OR TERMINATION WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SITE OR ANY SERVICES, WHETHER SUCH OBLIGATION IS TO AGING WELL OR A THIRD PARTY.  Additionally, you agree that we, in our sole discretion, may immediately and without notice to you remove any Content you submit on the Site or through the Services, including any posts you may make on the Site.

Reliance on Information Posted – The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Aging Well, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Aging Well. We are not, and will not be, responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We may update the content on the Site or provided through the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site or provided through the Services may be out of date at any given time, and we are under no obligation to update such material.

Disclaimer of Warranties – You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, YOUR ACCOUNT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, THE CONTENT, YOUR ACCOUNT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AGING WELL NOR ANY PERSON ASSOCIATED WITH AGING WELL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE AND SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER AGING WELL NOR ANYONE ASSOCIATED WITH AGING WELL REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, YOUR ACCOUNT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

AGING WELL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation of Liability – YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO (i) YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, (ii) YOUR RELIANCE ON ANY INFORMATION CONTAINED ON THE SITE OR OBTAINED THROUGH USE OF THE SERVICES, (iii) ANY CONTENT SUBMITTED BY YOU OR ANYONE ELSE ON THE SITE, (iv) OUR DECISION TO DISCONTINUE THE SITE AND/OR SERVICES, AND (v) ANY SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR YOUR CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR SERVICE PROVIDERS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT OR SERVICE PROVIDER SITES OR ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN THE AGGREGATE, TO TEN DOLLARS (U.S. $10.00). To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be limited to the minimum permitted under such applicable law.

 

Indemnification – You agree to indemnify, defend and hold harmless Aging Well, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any of Your Content and/or information that You submit, post or transmit through the Site or Services, (b) Your use of the Site or Services, (c) Your violation of the Agreement, (d) Your violation of any rights of any other person or entity or (e) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines entered by or through You into the Site or Services.

 

Geographic Restrictions –We provide this Site for use only by persons located in the United States.  We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Applicable Law – You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding Your use of the Site and Services and your purchase of products or Services through our Site.  We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. If we become aware of any potential or suspected violation of these Terms and Conditions or of our Privacy Policy we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend access or services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Agreement could be subject to criminal or civil penalties. The Terms and Conditions and the relationship between You and Aging Well shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions.

The failure of Aging Well to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by You arising out of or related to use of this Site, the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Notice – We may give notice to You by email, a posting on the Site, or other reasonable means. You must give notice to us in writing at info@agingwelldenver.com.

Amazon Services LLC Associates Program – We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

 

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: info@agingwelldenver.com.