Effective Date: September 10th, 2022
Thehealthyagingamerican.com is subject to your compliance with the terms and conditions set forth below (the “Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE thehealthyagingamerican.com WEBSITE. BY ACCESSING OR USING thehealthyagingamerican.com YOU ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR OTHERWISE USE thehealthyagingamerican.com THE RIGHT TO USE thehealthyagingamerican.com IS, FOR YOU, PERSONAL, AND CANNOT BE TRANSFERRED TO ANY OTHER PERSON OR ENTITY.
Thehealthyagingamerican.com MAY MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A MODIFIED VERSION AT thehealthyagingamerican.com IF YOU DO NOT WISH TO BE BOUND BY THE MODIFIED AGREEMENT, YOU MAY CANCEL THE AGREEMENT BY SENDING US NOTICE OF TERMINATION TO THE E-MAIL OR POSTAL MAIL ADDRESS IDENTIFIED IN SECTION 12 BELOW. UNLESS AND UNTIL WE RECEIVE SUCH NOTICE, YOUR CONTINUED ACCESS OR USE OF thehealthyagingamerican.com FOLLOWING POSTING OF THE MODIFIED AGREEMENT SHALL BE DEEMED YOUR ACCEPTANCE THEREOF. Thehealthyagingamerican.com SHALL ALSO HAVE THE RIGHT AT ANY TIME TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF thehealthyagingamerican.com INCLUDING, BUT NOT LIMITED TO, ALL OF ITS CONTENT, AND ITS HOURS OF AVAILABILITY.
Glossary
Thehealthyagingamerican.com is an interactive online service on the World Wide Web portion of the Internet, owned and operated by thehealthyagingamerican.com. (“thehealthyagingamerican.com”), and consisting of independent reviews and evaluations based on our judgement of work of third party experts across multiple categories, as well as presentations where consumers can obtain conclusions, recommendations, or suggestions about what products or services are either ‘best bets’, ‘top-rated’, ‘suggested’, or in some way ‘recommended’, and rankings of third party reviews and other information sources across multiple categories. “Content” means the evaluations, presentations, rankings, reviews, other information, advertisements, chat room discussions, photos, video, graphics, music and sound contained on, distributed through, linked, downloaded or accessed from any of the services contained on thehealthyagingamerican.com, whether such Content is owned by thehealthyagingamerican.com or third parties. “User” means each person who establishes or accesses a connection for access and for use of thehealthyagingamerican.com.
User Conduct
(A) User shall use thehealthyagingamerican.com for lawful purposes only. User shall not post or transmit through thehealthyagingamerican.com any material which violates or infringes in any way upon the rights of others (including intellectual property rights), which is unlawful, threatening, abusive, defamatory, harassing, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without thehealthyagingamerican.com to products or services. Any conduct by a User that in thehealthyagingamerican.com discretion restricts or inhibits any other User from using or enjoying thehealthyagingamerican.com will not be permitted. User shall not use thehealthyagingamerican.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other online information services competitive with thehealthyagingamerican.com.
Thehealthyagingamerican.com includes a blog with a User comments section which allows Users to post information, provide feedback to thehealthyagingamerican.com and its affiliates, and interact in real-time. Users will be responsible for, and indemnify and hold harmless thehealthyagingamerican.com, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that they post or transmit. Although thehealthyagingamerican.com and its affiliates may from time to time monitor or review discussions, postings, transmissions, bulletin boards and other User and member generated pages on thehealthyagingamerican.com neither thehealthyagingamerican.com nor its affiliates is under any obligation to do so. Users acknowledge that thehealthyagingamerican.com and its affiliates do not control the information available in the blog comments section, bulletin boards, and other User generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any blog comments section, bulletin board or on any other User generated pages are those of their respective authors who are solely liable for their content. Thehealthyagingamerican.com and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted on the User comments section, bulletin boards or on any other User generated pages.
(B) Thehealthyagingamerican.com contains copyrighted material, trademarks of thehealthyagingamerican.com as well as third parties and other proprietary information, including, but not limited to, the Content, and this Content is protected under the United States copyright laws and international laws and treaties. Thehealthyagingamerican.com owns all rights in the preparation, selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to thehealthyagingamerican.com. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any other way exploit any of the Content, in whole or in part. User may download the Content for User’s non-commercial personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of thehealthyagingamerican.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) User shall not upload, post or otherwise make available on thehealthyagingamerican.com any material in violation of any copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to thehealthyagingamerican.com, User automatically grants and warrants that the owner of such material has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide, and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User hereby grants thehealthyagingamerican.com the right to edit, copy, publish and distribute any material made available on thehealthyagingamerican.com by User.
Disclaimer of Warranty; Limitation of Liability
(A) USER EXPRESSLY AGREES THAT USE OF thehealthyagingamerican.com IS AT USER’S SOLE RISK. THE CONTENT IS NOT PROMISED OR GUARANTEED TO BE CORRECT, COMPLETE OR UP-TO-DATE. Thehealthyagingamerican.com IS PROVIDED ON AN “AS IS “AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
(B) NEITHER thehealthyagingamerican.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT thehealthyagingamerican.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF thehealthyagingamerican.com, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED ON OR THROUGH thehealthyagingamerican.com. FURTHERMORE, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE CONTENT.
(C) IN NO EVENT WILL thehealthyagingamerican.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING thehealthyagingamerican.com, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BASED UPON OR ARISING OUT OF THE USE OF OR INABILITY TO USE thehealthyagingamerican.com. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON thehealthyagingamerican.com. IN ANY EVENT, thehealthyagingamerican.com ’S MAXIMUM TOTAL LIABILITY TO USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE GREATER OF THE PRICE, IF ANY, PAID BY USER FOR ACCESS TO thehealthyagingamerican.com OR 25 DOLLARS ($25.00).
(D) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THIS DISCLAIMER FURTHER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UN-AUTHENTICITY OF, THE CONTENT OR ANY OF THE PRODUCTS OR SERVICES REFERRED TO IN THE CONTENT. Thehealthyagingamerican.com SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS OR LOSSES RELATING TO ANY PRODUCTS OR SERVICES REFERRED TO AT ANY TIME IN THE CONTENT, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. USER SPECIFICALLY ACKNOWLEDGES THAT thehealthyagingamerican.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(E) Thehealthyagingamerican.com DOES NOT INTEND ANY REFERENCES TO ENTITIES, PRODUCTS OR SERVICES IN THE CONTENT OR ANY LINKS ON thehealthyagingamerican.com TO BE ENDORSEMENTS OF SUCH ENTITIES, PRODUCTS OR SERVICES. Thehealthyagingamerican.com IS NOT AFFILIATED WITH, OR SPONSORED OR ENDORSED BY ANY OTHER CONSUMER PRODUCT RATING SERVICE, AND ANY REFERENCE TO SUCH THIRD-PARTY RATING SERVICES IS SOLELY FOR THE GENERAL INFORMATION AND CONVENIENCE OF USERS USING thehealthyagingamerican.com.
Monitoring
Thehealthyagingamerican.com shall have the right, but not the obligation, to monitor the Content of thehealthyagingamerican.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by thehealthyagingamerican.com, and to satisfy any law, regulation or authorized government request. Thehealthyagingamerican.com shall have the right, in its sole discretion, to edit, refuse to post, or remove any material submitted to or posted on thehealthyagingamerican.com. Without limiting the foregoing, thehealthyagingamerican.com shall have the right to remove any material that thehealthyagingamerican.com, in its sole discretion, finds to be in violation of the provisions hereof, or otherwise objectionable.
Indemnification
User agrees to defend, indemnify and hold harmless thehealthyagingamerican.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, based upon or arising out of the use of thehealthyagingamerican.com by User.
Termination
Either thehealthyagingamerican.com or User may terminate this Agreement, and the right to access thehealthyagingamerican.com, at any time. The provisions of Sections 2(B), 2(C), 3, 5, 7, 9 and 10 shall survive termination of this Agreement.
Trademarks
Thehealthyagingamerican.com is a pending trademark, and thehealthyagingamerican.com is intellectual property owned by thehealthyagingamerican.com. All rights reserved. All other trademarks appearing on thehealthyagingamerican.com are the property of their respective owners.
Miscellaneous
This Agreement and any operating rules for thehealthyagingamerican.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Delaware, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or its breach, with the exception of injunctive relief sought by thehealthyagingamerican.com for any violation of thehealthyagingamerican.com’s proprietary rights, shall be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of the third arbitrator, and it shall be someone who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties to this Agreement. Such arbitrators shall be natural persons and shall be experts in the computer/information technology field. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of arbitration shall be New York, New York, USA.
Privacy
The User’s privacy is important to thehealthyagingamerican.com. All information gathered from the User in connection with User’s use of thehealthyagingamerican.com will be governed by the provisions of the thehealthyagingamerican.com Privacy Policy.