Welcome to the Terms of Use for the AfterFiftyLiving.com website (the “Website”). As used herein, the words “user,” “you” and “your” mean users of the Website and the words “we,” “our,” and “AFL” mean After Fifty Living, Inc., the owner and operator of the Website.
Please read this web page carefully — it states the Terms of Use under which you may access, interact with, and otherwise use the Website. These terms of use constitute a binding legal agreement (the “Agreement”) between you and AFL.
By using the Website you agree to be legally bound by the terms and conditions set forth in this Agreement. If you don’t accept the terms stated here, don’t use the Website. This Agreement is subject to change and may be modified at any time, and any such modification shall be effective immediately upon posting of the modified agreement on the Website.
Your right to use the Website will terminate immediately, without any further action by AFL, if you breach any terms of this Agreement. AFL may terminate your use of the Website at any time, with or without reason.
Registration
You may register to become a “Member” of the Website. While AFL is intended for baby boomers (born from 1946 to 1964) and people who are older, anyone 18 or older can not be prevented from registering. As a Member, you may have your own profile and access to community tools (e.g., discussion groups and blogs) and other services only available to Members. In your registration, you will be required to create a unique password (“Password”). You may change your Password at any time by updating your account settings. You agree to provide true, accurate, current and complete information in the registration form and in all descriptive content you post about yourself on the Website. If any of your information changes, you agree to update your registration information as soon as possible.
You are responsible for maintaining the confidentiality of your Password and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your Password.
General Terms
The Website provides an activity, feature and content rich venue for users who are primarily in their 40s, 50s and beyond. Our mission is to provide valuable information to users; however, there may be content provided or generated by third parties that is incorrect.
Advertisements and other information on the Website have been obtained from businesses, individuals and other third party sources. We do not have control over the sale or offer of the goods or services published on the Website, and are not an advertising, employment or other agency, merchant of goods or services, broker, dealer, sales representative, middleman or other intermediary. Any offers, sales or purchases you make with another person or entity, or decisions you make facilitated through the Website are strictly on your own. The publication on the Website of any advertisement or content does not constitute or imply an endorsement or recommendation by AFL or an assurance of legality, quality or safety by AFL. AFL shall not be responsible for any offer, sale, purchase or other transaction made, content posted, or other communications made by anyone posting advertisements or other information or offering goods or services on the Website. Any goods or services purchased by users are purchased directly from the respective merchant and that merchant is solely responsible to the user for every aspect of such purchase.
Any contacts you make with another person or entity, or decisions you make facilitated through the Website are strictly on your own. You must do your own due diligence and use your best judgment.
The use, posting, distribution, or publication ON THE WEBSITE of any LISTING, content OR INFORMATION does not constitute or imply an endorsement, recommendation, advice, opinion or comment by AFL nor an assurance of legality, quality or safety by AFL. We cannot guarantee, and assume no responsibility for verifying, the TRUTHFULNESS OR accuracy of the information provided by others, including other users of the WEBSITE. AFL shall not be responsible for any offer, sale, purchase or other transaction made, content posted, or other communications made by anyone posting information or offering services on the Website.
We are not obligated to screen communications or postings in advance and are not responsible for screening or monitoring the Website or its posted content. However, you acknowledge and agree that we have the right to monitor the Website electronically from time to time in our sole discretion, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect AFL or its users.
If we are notified of communications or content that allegedly do not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of the content or termination of use of the Website. We have no liability or responsibility to users for performance or nonperformance of such activities. If you view content or receive communications allegedly inconsistent with this Agreement, you may send an e-mail to info@afterfiftyliving.com stating the observed behavior. Following receipt of such correspondence, decisions will be made regarding user terminations, removal of posted content, or other actions deemed appropriate by AFL in its sole discretion. All decisions made by AFL are final and do not imply or impose on AFL any responsibility or liability for the form, intent, or accuracy of the original, or any future, posted content by or communications between anyone.
The Website is for use by adults only. By using the Website you represent that you are eighteen (18) years of age and older.
Reliance on Medical, Legal, Financial, Investment and Other Information
The Website presents resources for the purpose of informing, entertaining and creating a community among our users. Our intent is not to provide exhaustive information or advice on a particular topic. You should not rely on information provided by the Website to suggest an authoritative course of action for an individual with legal, financial, educational, medical or mental health concerns. The information contained here should not replace a consultation with a qualified expert in the field who is familiar with your particular circumstances, such as an attorney, accountant, financial or investment advisor, teacher, physician, health care provider or therapist.
Other Parties and Websites
From time to time, we may make available to you services offered by third parties or pages of the Website may include links to other parties’ websites. Those third party services and websites are not governed by our Terms of Use or Privacy Policy but may be governed by other terms of use and privacy policies. Any Web site you may access through the Website is independent, and AFL has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Web site. You need to make your own independent decisions regarding your interactions or communications with any other Web site.
Content and Comments Posted by Members
The Website is intended to be an Internet destination where individuals exchange diverse viewpoints and ideas. The interactive nature of the Website makes it impossible for us to assume responsibility for the materials posted by our users. The ideas, suggestions, opinions, comments and observations made by Members, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided by Members (all of which are referred to as “Member Content”) are not endorsed by AFL, and we make no guarantee regarding the reliability, accuracy or quality of any Member Content that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any Member Content, including any reliance on the accuracy, completeness or usefulness of such Member Content. All Member Content posted to the website is the sole responsibility of the person who originally posted the Member Content, and your sole recourse for any damage you may suffer as a result of Member Content shall be to such individual.
Any Member Content that you post on the Website or send to us will be deemed non-confidential. By submitting Member Content, you are representing that you are the creator of the material you submit or have authorization to distribute it. After posting Member Content, you continue to retain your ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose. By sending Member Content to us or posting it on the Website, you expressly grant AFL an irrevocable and unrestricted license to publicly display, use, reproduce, modify, create derivative works from, distribute and sublicense the Member Content in any form.
Rules of Conduct
The following rules of conduct apply to your use of the Website and to any and all Member Content you post on the Website, whether in blogs, groups, private messages, emails, profiles, comments or any other portion or feature of the Website.
You may not use the Website in any manner, or post, transmit, display, publish or distribute any content that, in AFL’s determination: (1) violates these Terms; (2) infringes the patent, copyright, trademark, trade secret or other intellectual property rights of others; (3) violates the privacy or publicity or other personal rights of others; (4) is fraudulent, deceptive, libelous, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, sexually explicit or parody image or text; (5) is vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive; (6) violates or encourages others to violate any applicable law, statute, ordinance or regulation; (7) contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines; or (8) solicits personal information from anyone under 18 or otherwise harms minors in any way.
You may not, except with our express advance authorization or in a specially designated area use the Website to: (1) upload, post, email or otherwise transmit any member content that provides any telephone numbers, street addresses, last names, URLs or email address; (2) engage in commercial activities; or (3) solicit donations for any purpose.
Commercial Content and Free Goods
We may in our sole discretion allow the posting of Member Content that contains a link to free goods or services, but such posting will be confined to Groups (as defined below) that are designated as “Free Stuff” Groups. If you wish to promote a commercial offer on the website, please contact us at info@afterfiftyliving.com.
Groups, and Group Managers and Moderators
Members may create and maintain their own “Groups” within the website. A “Group” consists of Internet-based discussions and other functionalities that enable participants in the group to communicate with each other.
The Member who creates a Group is the “Group Manager.” The Group Manager may invite other Group Moderators. The Group Manager and the Group Moderator(s) are encouraged to set a positive tone for the Group and to report to AFL any abuse or violation of this Agreement. In the Group Manager’s sole discretion, he or she may: (1) decide whether the Group is restricted to certain individuals or is accessible to the general public; (2) change the Group’s access designation (whether restricted or public) at any time; (3) in restricted Groups, decide who may be a participant, and the participant list may be changed at any time in the Group Manager’s discretion; and (4) delete any Member Content posted to the Group.
In addition, the Group Manager may also transfer or delegate any of these decisions and/or responsibilities to another Member, who should be designated on the Group home page as a successor Group Manager or as a “Group Moderator.” In the Group Moderator’s sole discretion, he or she may: (1) in restricted Groups, decide who may be a participant, and the participant list may be changed at any time in the Group Moderator’s discretion and (2) delete any Member Content posted to the Group.
In response to Member conduct in Groups that violates this Agreement, we may in our sole discretion take any or all of the following actions with regard to the Group: (1) delete an entire Group; (2) change Group Manager or Group Moderator status; or (3) block any participant from the Group.
General Practices Regarding Use and Storage
We may establish general practices and limits concerning use of the Website, including, for example, limits on the number of: (1) days that blogs, message board postings or other uploaded content and Member Content will be retained; (2) Groups to which you may belong; (3) files (including graphics, photographs, videos or sound/music files) that may be posted; (4) disk space that will be allotted on AFL’s’ servers on your behalf, and (5) times you may access the website in a given period of time (and the maximum duration of your visits to the website).
You agree that AFL has no responsibility or liability for the deletion or failure to store any messages and other communications or other Member Content, provided by you or otherwise, maintained or transmitted by AFL.
Modifications to the Website
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice, and shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website.
Copyright, Trademark and Other Restrictions
The Website and its contents (including text, graphics, images and other materials), and the hypertext markup language (HTML), scripts, active server pages (ASP), or other content or software used in the Website (collectively, the “Material”), are protected by copyright under United States and foreign laws. All rights reserved. Unauthorized use of the Material may violate copyright, trademark, and other laws. You may view and download a single copy of content on the Website solely for lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in this Agreement. Regardless of the extent to which the Material is protected by copyright you agree that you may not sell or modify the Material or copy, display, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise use Material in any form or media for any public or commercial purpose, including the generation of derivative material, except as expressly permitted by AFL. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.
AFL™, the After Fifty Living™ logo and other marks are tradenames and trademarks of AFL. You may not use AFL’s tradenames or trademarks in connection with any product or service that is not offered by AFL, in any manner that is likely to cause confusion in the marketplace, or that disparages or discredits AFL. Other trademarks, product names and company names or logos used on the Website are the property of their respective owners.
Except as specifically authorized in advance by AFL, users may not deep-link to the Website for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Website.
Infringement Notices
It is AFL’s policy to respond to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this Site: info@afterfiftyliving.com.
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimers and Limitations
The Website is provided on an ‘as is’ and ‘as available’ basis without any warranties of any kind. To the fullest extent permitted by law, AFL disclaims all warranties, including the warranty of merchantability, non- infringement or third party rights, and the warranty of fitness for a particular purpose. AFL makes no warranties about the accuracy, reliability, completeness, intent, usefulness, or timeliness of the material, content, services and links.
In no event shall AFL, its affiliates, agents, suppliers, partners and their respective officers, directors, employees, contractors and agents (in each case, a “Released Party”) be liable for any damages whatsoever (including without limitation, direct, indirect, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use or inability to use the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not such Released Party is advised of the possibility of such damages. In no event shall any Released Party be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on this Website or the information contained herein. In no event shall the aggregate liability to you for all claims directly or indirectly arising from the use of the Website exceed one dollar ($1.00). Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this agreement are material bargained for bases of this agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement.
Indemnity and Release
As a material inducement to provide you with use of the Website, you hereby indemnify, defend and hold each Released Party harmless from and against any and all demands, damages, liability, claims, actions, demands and costs incurred by such Released Party in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys’ fees and costs.
If you have a dispute involving the Website with a third party, you release each Released Party from all claims, demands, damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Privacy
Disclosure and use of information obtained from users is subject to AFL’s Privacy Policy.
Governing Law and Jurisdiction
This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in Boston, Massachusetts where AFL has its principal place of business. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Questions
If you have any questions or concerns about these Terms of Use, you can contact us by e-mail us at info@afterfiftyliving.com.