Terms and Conditions
1. Acknowledgment and Acceptance of Terms
2. Description of Services
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, accuracy, deletion, mis-delivery or failure to store any user communications or personalization settings.
The information provided on the site is not intended as legal, tax, insurance, investment, financial planning or medical advice or counsel. Visitors to the site are solely responsible for obtaining such professional services as they deem necessary or advisable. All of the information provided on the site, such as advice, messages, forum postings and any other material provided on the site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it due to information provided on this site.
3. Conduct on Site
Your use of the site is subject to all applicable laws and regulations. You are solely responsible for the content of your communications through the site. By posting information in or otherwise using any communications service, forum, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data or other information — that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, military status (former or current), or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spam“), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling, including posting links to such content;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party, including posting links to such content; or
We provide the service on an “as is” basis and grant no warranties of any kind, expressed, implied or statutory, in any communication with our representatives, or us or otherwise with respect to the service. We specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. Further, we do not warrant that your use of the service will be secure, uninterrupted, always available or error-free, or that the service will meet your requirements or that any defects in the service will be corrected. We disclaim liability for, and no warranty is made with respect to, connectivity and availability
This site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and we make no commitment to update such materials or services.
The use of the services or the downloading or other acquisition of any materials through this site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you.
We make no warranty regarding any transactions executed through, or in connection with this site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials, or information available on or through this site from a third party is provided solely by such third party, and not by us or any other of our affiliates.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
6. Account Registration, Data, and Privacy
A separate account and password may be required to access some of the services of this site. This account and password can be obtained by completing our online registration form, which requests certain information and data. Maintaining and updating your registration data may be required. By registering, you agree that all information provided in the registration data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
7. User’s Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- 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;
- Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
- 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, 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 infringing. Pursuant to the Digital Millennium Copyright Act, our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement: Legal Department
3397 Coon Rapids Blvd, Suite 100, Minneapolis, MN 55433
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party.
8. Use of Site and Storage of Material
You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we reserve the right to remove or log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us liable for any damage to, misappropriation of, any deletion of or any failure to store your files, data or Registration Data.
9. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any messages sent. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
10. Intellectual Property Information
This site contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by DisabilityForOver50.com, LLC®.
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials“ above for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Some of the ideas, software and processes incorporated into services that are available on this site or described on this site are protected by patents and may also be protected by patent applications pending in the United States and selected foreign jurisdictions.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. Termination of Use
13. Limitation of Liability
14. International Use
We make no representation that materials on this site are appropriate or available for use in locations outside of the United States. This Site is intended for use in the United States only. Accessing the materials where the contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiatives and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
15. Choice of Law and Forum
16. Alternative Dispute Resolution
The provisions of this agreement are severable and to the extent that any provision herein is determined by court order, law, or rule to be invalid, such invalidity shall in no way affect nor invalidate the other provisions.
18. Entire Agreement
19. Links to Other Websites
20. Consent to Electronic Communication
By submitting a request on this site, you hereby grant DisabilityForOver50.com, LLC® permission to contact you at any number or email address entered so we can assist with your request. This authorization overrides any previous registrations on a federal or state Do Not Call registry. You agree that DisabilityForOver50.com may use an automatic dialing system in connection with calls made to any telephone number entered, even if the telephone is a cellular phone or other service for which the called party is charged. You further agree and consent to DisabilityForOver50.com, LLC® utilizing text messaging services to contact you at any telephone number entered. You have the right to opt-out of receiving text messaging or any other type of electronic communication by (a) following the unsubscribe instructions contained in each communication; or (b) sending mail to:
3397 Coon Rapids Blvd NW, Suite 100
Minneapolis, MN 55433
21. Statement of Ongoing Consent
You hereby agree and acknowledge that your submission of an online request constitutes your ongoing consent for DisabilityForOver50.com to contact you, electronically or otherwise, both now and in the future to notify you about potential offers, follow up, or to address customer service issues. You have the right to opt-out of receiving communications at any time by (a) following the unsubscribe instructions contained in each communication; or (b) sending mail to:
3397 Coon Rapids Blvd NW, Suite 100
Minneapolis, MN 55433