(Revised: 11-01-2022)
Welcome to www.beageready.com (“Site”) and referred to as AgeReady. The following terms and conditions, (“Agreement”) govern your use, whether as a registered User or a guest of the Site. “AGEREADY” is also referred to as “Company”, “we”, “us”, or “our”. The word “User(s)” means any person (also referred to as “you” or “yours”) visiting, accessing, or using the Site.
The Site is offered and available to persons who are at least eighteen (18) years of age and reside in the United States (“Users”).
BY ACCESSING AND/OR USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND THE AGEREADY’S PRIVACY POLICY AND TO COMPLY WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS (“APPLICABLE LAWS”).
PROHIBITED USES
You may only use the Site for lawful purposes and in accordance with this Agreement. You specifically agree to not:
- Violate any Applicable Laws while using the Site;
- Use the Site for the purpose of exploiting, harming, or attempting to exploit or harm any Person in any way, including minors by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- Use the Site to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
- Impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person (including by using e-mail addresses or user names associated with any of the foregoing);
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or Users of the Site or expose them to liability;
- Attempt to disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site;
- Take any action that imposes an unreasonable or disproportionately large load on the Company’s technical infrastructure;
- Copy the Site and/or any of the content, data, and/or materials therein for any other unauthorized purpose without our prior written consent;
- Use any data mining, robot, spider, crawler, cancelbots, or other devices, processes, or means to access the Site and/or facilitate the misuse of the Site for any purpose, including monitoring or copying any of the content, data, or materials that are part of the Site;
- Reverse-engineer, disassemble, or decompile the Site and/or any content, data, and/or materials therein, or attempt to do the same;
- Use any device, software, or routine that interferes with the proper working of the Site or otherwise attempt to interfere with the proper working of the Site;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful or otherwise attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server(s) on which the Site are stored, or any server, computer, or database connected to the Site;
- Attack the Site via a denial-of-service attack, a distributed denial-of-service attack, or another similar attack; or
You may not participate in coordinated efforts or group activities with others in order violate or to exceed these use limitations. Failure to comply with these limitations will result in cessation of access and use privileges and may result in legal action against the offending individuals and/or organizations at the discretion of the Company.
NOTICES
You agree that any notices that the Company may be required by Applicable Laws to send to you will be effective upon either: (a) AgeReady sending an e-mail message to the e-mail address you have on file with us; or (b) AgeReady publishing such notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
INDEMNIFICATION
You agree to indemnify and hold AgeReady, its licensors, contributing partners, agents, directors, officers, and employees and third-party information providers (collectively, the “AgeReady Indemnified Parties”) harmless from and against any and all Losses resulting or arising from any claim, action or proceeding brought by any third party in connection with or relating to your access to or use of the Site (or the use of the Site by another person using your password) or violation of this Agreement. “Losses” means any and all penalties, claims, actions, suits, costs, judgments, settlements, and expenses of whatever nature, whether incurred by or issued against an indemnified party or a third party, including: (a) indirect, special, punitive, consequential, or incidental losses or damages (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, or other indirect loss or damage); and (b) administrative costs, investigatory costs, litigation costs, expert costs, and auditors’ and attorneys’ and fees and disbursements (including in-house personnel).
DISCLAIMER OF WARRANTIES, TERMS, & LIABILITY
THE SITE, INCLUDING ANY CONTENT, DATA, AND/OR MATERIALS ACCESSIBLE ON THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THERE MAY BE DELAYS, OMISSIONS, AND/OR INACCURACIES IN SUCH ITEMS. THE AGEREADY INDEMNIFIED PARTIES (AS DEFINED HEREIN) CANNOT AND DO NOT GUARANTEE THE ACCURACY, SEQUENCE, COMPLETENESS, TIMELINESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE AND/OR THE CONTENT, DATA, AND/OR MATERIALS MADE AVAILABLE THROUGH THE SITE OR BY ANY FORCE MAJEURE OR ANY OTHER CAUSE BEYOND THEIR REASONABLE CONTROL AND HEREBY EXPRESSLY DISCLAIM ANY WARRANTY THEREFORE.
THE AGEREADY INDEMNIFIED PARTIES SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE, OMISSION IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING, OR DELIVERING ANY DATA THROUGH THE SITE OR FOR INTERRUPTION IN THE SITE. IN NO EVENT, WILL AGEREADY INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR USE OF OR INABILITY TO USE THE SITE, ANY SITES LINKED TO OR FROM THE SITE, ANY DATA ON THE SITE, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION OR DATA OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM INCONVENIENCE, OR LOSS OF USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SERVICE MAY BE DISCONTINUED OR LIMITED AT ANY TIME. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SECURITY
You agree to take all reasonable steps to protect the Site from unauthorized access or use. Upon registering, you will use your email address as a user-name and choose a password that will permit you to access the Site, you must treat such information as confidential, and you must not disclose it to any other person. You agree that you will be the sole User of the Site under your account. Your user-name and password are subject to cancellation or suspension by AgeReady, including upon your misuse of the usernames or passwords in any way. You agree that you will use your best efforts to prevent any third party from obtaining your username and password, and you will immediately inform AgeReady of any actual or potential unauthorized access to a username or password or to the Site. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other personal information.
PROPRIETARY RIGHTS & PROTECTION
All of the data, information, content, materials, and software displayed on, transmitted through, or used in connection with the Site, including, for example, charts, guides, news articles, opinions, reviews, text, photographs, images, illustrations, HTML, source and object code, software, Data (as defined below), etc., as well as its trade dress, layout, presentation, selection, and arrangement, are owned by AgeReady (collectively, the “Content”). AgeReady protects its rights to the Content to the fullest extent of the law. You may not use such Content except as provided in this Agreement.
You may use the Site, including any Content, online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided that you do not remove any trademark, copyright, or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet, or Extranet site or incorporate the Content in any database, compilation, archive, or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and, unless explicitly permitted on the Site, you may not modify, copy, frame, reproduce, sell, publish, transmit, display, download, share, or otherwise use any portion of the Content without the prior written consent of AgeReady.
CHANGES TO THE SITE OR THE AGREEMENT
AgeReady may, at any time, change or discontinue any aspect or feature of a Site or Agreement, including Content, hours of availability, and equipment and software needed for access or use.
You agree to be bound by future revisions of this Agreement. It is your responsibility to visit the “Terms of Use” link at www.beageready.com homepage periodically to review the most current terms and conditions. We will not be liable if for any reason all or any part of the Site are unavailable at any time or for any period.
PRIVACY
Your use of the Site is also governed by the Company’s Privacy Policy available at www.beageready.com. The Company does not knowingly allow access to or collect information from children under the age of eighteen (18). If you are not eighteen (18) or older you do not have permission to use the Site.
GOVERNING LAW & JURISDICTION
Use of the Site, and any controversy, claim, or dispute arising out of or relating in any way to your use of the Site, this Agreement, and/or products purchased through the Site shall be governed by the laws of defendant’s home state of residence without respect to its choice (or conflict) of laws rules. Any claim or cause of action you may have with respect to AgeReady or the Site must be commenced within one (1) year after the claim or cause of action arose. Jurisdiction and venue for any dispute shall be in Birmingham, Alabama. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
ENTIRE AGREEMENT
This Agreement and the Privacy Policy constitute the sole and entire agreement between you and AgeReady with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties (both written and oral) with respect to the Site.
