Terms and Conditions
last update June, 2021
This website, app, course or product is provided for informational purposes only. Neither Age Safe America, LLC nor its officers, members, partners, sponsors or affiliates provide medical advice, diagnosis or treatment; or legal, financial or any other professional services advice. By using this Age Safe® website, app, course or product you hereby acknowledge that you have completely read, fully understand, and agree to these Terms and Conditions.
This Agreement is between Age Safe America, LLC (“Age Safe America”) and You, the person, business or entity using the Age Safe America website, app, course or product (“You or User”). Age Safe America and You/User are collectively referred to herein as (the “Parties”), and are sometimes referred to individually as a (“Party”). The Parties do not intend by this Agreement to create the relationship of partners, joint venture, agency, franchise, sales representative, or employer-employee. You are visiting or engaging this Age Safe America website, app, course or product as an individual User and/or Independent Contractor. This website, app, course or product is provided for informational purposes only. Neither Age Safe America nor its officers, members, partners, sponsors or affiliates provide medical advice, diagnosis or treatment; or legal, financial or any other professional services advice. By using the Age Safe® website, app, course or product you agree to the following Terms and Conditions.
The contents of this Age Safe America website, app, course or product, including text, graphics, images, and other material are for informational purposes only. Nothing contained in this website, app, course or product is or should be considered or used as a substitute for professional, legal, financial or medical advice, diagnosis, or treatment. We urge you to seek the advice of your physician or other qualified health professional with any questions you may have regarding a health or medical condition. In case of emergency, please call your doctor or 911 immediately. The information contained on or provided through this Age Safe America website, app, course or product is provided on an “as is” basis, without any warranty, express or implied. Any access to this website, app, course or product is voluntary and at your own risk. Age Safe America disclaims all representations and warranties (both expressed and implied) regarding the accuracy, completeness and/or suitability of the information presented on this website, app, course or product for any purpose. In no event shall Age Safe America be responsible for the consequences associated with the use of this information. Reproduction of the whole or part of this website, app, course or product without the prior written permission of Age Safe America, LLC is strictly prohibited and punishable by law and or termination of service.
This Age Safe America website, app, course or product may contain links to websites owned by third parties. These links are provided solely as a convenience to you and are not an endorsement of the contents of those other websites by Age Safe America. Age Safe America is not responsible for the content of any linked websites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party websites using links from this website, app, course or product, you do so at your own risk.
Indemnification and Limitation of Liability
You will defend, indemnify and hold harmless Age Safe America, LLC and its officers, members, employees, affiliates, sponsors and agents from and against any and all damages (including any and all third party claims), judgments, liabilities, fines, penalties, losses, claims, actions, demands, lawsuits, costs, and expenses including, without limitation, reasonable attorneys’ fees, that arise out of or relate to Users’ provision of services to its customers. AGE SAFE AMERICAS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AGGREGATE AMOUNT OF THE PURCHASE PRICE AND OR ANY ADDITIONAL FEES PAID OR PAYABLE BY YOU TO AGE SAFE AMERICA FOR PRODUCTS OR SERVICES PERFORMED UNDER THIS AGREEMENT.
Warranties and Limitation of Liability
This Age Safe America website, app, course or products is presented for use by the general public without warranty or guarantee. Age Safe America is not liable to any User or anyone else for any decision made or action taken based on reliance upon the information contained on or provided through the website, app, course or products. We do not make any express or implied warranties, representations or endorsements of any kind whatsoever (including without limitation, warranties of title or non-infringement of third parties’ rights, or any warranties of merchantability or fitness for a particular purpose) with regard to the service, or with respect to any information, product, service, merchandise or other material provided on or through the service. Age Safe America does not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of any information, services, or other material provided on or through the website, app, course or products. Age Safe America makes no warranty or guarantee that the website, app, course or products will be uninterrupted, timely, secure, or error-free. In no event shall Age Safe America be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Age Safe America website, app, course or product or its content, whether based on warranty, contract, tort, or any other legal theory, and whether Age Safe America is advised of the possibility of such damages.
Copyright in this website, app, course or products is owned by Age Safe America, LLC and this website, app, course or product may only be used for informational purposes. The content displayed on this website, app, course or product, including but not limited to the website, app, course or products’ look and feel, layout, text, graphics, images, sound or video materials, designs, the URL, code and software (collectively “Content”), is either the property of, or used with permission by, Age Safe America and is protected by United States and international copyright and trademark laws. All rights, including but not limited to, copyright, title and interest in the Content belong to Age Safe America, LLC and/or its respective owners. The compilation (meaning the collection, arrangement and assembly) of all Content on this website, app, course or product is also the exclusive property of Age Safe America, LLC and/or its respective owners and protected by U.S. and international copyright laws.
You are strictly prohibited from reproducing, republishing, copying, transmitting, distributing in any form, or by any means, any Content. You may not modify, adapt, reverse engineer, or in any way exploit any of the Content in whole or in part, except as expressly stated or with the prior written consent of the owner of the Content. Any unauthorized use of the Content is a violation of copyright laws and trademark laws, and may also violate laws of privacy and publicity, and/or communications regulations and statutes. Any of the aforementioned violations may subject You to criminal penalties and or termination of service.
You have NO rights in connection with any trademarks or service marks of Age Safe America, LLC. The trademarks, service marks, trade names, domain names and logos (“Trademarks”) displayed on this website, app, course or product are either pending, registered, or unregistered Trademarks of Age Safe America, LLC or their respective owners. You may NOT use any of the Trademarks without express written authorization of Age Safe America, LLC or the respective owners; including but not limited to Age Safe® America, Age Safe® Canada, Age Safe®, Age Safe® App, FREE Age Safe® Tool (FAST), Age Safe® Check-in™, Age Safe® Assessment™, Age Safe® Advisor™, Senior Home Safety Specialist™, Age Safe® Registry, Age Safe® APPROVED, Age Safe® in Place, Age Safe® at Home™, Family Caregiver ESSENTIALS™, Age Safe® Assessment and Age Safe® Innovation, all belonging to Age Safe America, LLC.
Automatic Software Updates
By using the Age Safe America website, app, course or products You agree the software may report diagnostic information and Age Safe America may automatically download upgrades to update, enhance and further develop the Age Safe America app, website, course or products, including providing fixes, patches, enhanced functions, and new versions.
Storage and Modification
You agree that Age Safe America has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by an Age Safe America website, app, course or product. You acknowledge that Age Safe America may not have preset a fixed limit on number of reports or the amount of storage space available; however, we retain the right, at our sole discretion, to create limits at any time with or without notice. Age Safe America reserves the right at any time to modify or discontinue, temporarily or permanently, an Age Safe America website, app, course, product or services (or any part thereof) with or without notice. You agree that Age Safe America shall not be liable to you or to any third party for any modification, suspension or discontinuance of services.
Although we have attempted to list leading businesses and services in our Registry we do not presume to judge the ongoing professional capabilities of persons and firms represented on this website, app, course or product. Users should always make their own independent evaluations and exercise their own judgment before using any business including those represented on this website, app, course or product.
User will pay or reimburse Age Safe America for all sales, use, transfer, privilege, excise and all other taxes and all duties, whether international, national, state or local, however designated, which are levied or imposed by reason of the performance by Age Safe America under this Agreement, excluding, however, income taxes on profits levied against Ages Safe America.
Each of the Parties has released and forever discharged, and by these presents does for their heirs, legal representatives, executors, administrators and assigns, release and forever discharges the other of and from all causes of action, claims, rights or demands whatsoever, at law or in equity, which they had or now has or can hereafter have against the other, by reason of any matter, cause or thing from the beginning of the world to the date of this Agreement. Further that nothing contained in this paragraph shall release or discharge either Party from any of such Party’s obligations set forth in this Agreement.
You may discontinue your use of the Age Safe America website, app, course or product at any time. You agree that Age Safe America may at any time and for any reason, including a period of account inactivity, or breach of these Terms and Conditions, terminate your access to an Age Safe America website, app, course or product, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to services, your account or any files or other content contained in your account. Upon termination your files or other content may be deleted from our servers. All remaining service will be forfeited with no refund.
Some Age Safe America website, app, course or products are supported by sponsors and may display advertisements and promotions on the service. Publication of advertising herein does not necessarily constitute endorsement of a product or service. Such advertisements may be targeted to the content of the Age Safe America app, website, course or products. The manner, mode and extent of advertising are subject to change. You agree that Age Safe America may place such advertising and that Age Safe America shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the advertisers on the Age Safe America website, app, course or product or your subsequent dealings with advertisers.
You agree that Age Safe America may provide you with notices, including those regarding changes to the Terms and Conditions, by email or postings on Age Safe America website, app, course or products pages.
This Agreement and all transactions contemplated hereby shall be governed by and construed and enforced in accordance with the laws of Florida. Any litigation arising out of this Agreement shall be brought before the Federal or State Courts sitting in the City of Tallahassee and County of Leon, Florida, and the Parties irrevocably consent to the jurisdiction of such courts and waive any right to choose or request any other venue.
This contains the entire Agreement of the Parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties. Once the app, course, products or materials have been purchased, no refunds will be granted. By submitting this order you will have accepted the Terms and Conditions outlined above and agree to indemnify and hold harmless Age Safe America and its officers, members, partners, sponsors or affiliates from and against any and all claims, demands, actions, suits, liabilities, losses, damages, costs and judgments, which arise out of the use of these website, app, course, products and materials.
If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
For questions email: support(at)AgeSafeAmerica.com