Graceful Aging is America’s leading video network for boomers and older adults. Discover great ways to a vibrant senior life and gain important caregiver advice on eldercare. Stay informed on assisted living.

 

Terms Of Use

Welcome to GRACEFUL AGING (the “GRACEFUL AGING Site”). If you have any questions or comments, please Contact Us.
The following is a legal agreement that states the terms that govern your use of the GRACEFUL AGING Site and any item on the site (collectively, the “Site Content”). By using the GRACEFUL AGING Site, you agree to these terms of use. If you do not agree to these terms of use, you may not use the GRACEFUL AGING Site. Additional terms may apply to specific portions of the GRACEFUL AGING Site and we will alert you to those by posting them here or in connection with the feature to which those other terms apply.
Graceful Aging provides general information about issues and matters of concern to seniors, their caregivers, and families, and does not take the place of professional advice, diagnosis or treatment, or opinion. The information in the Graceful Aging Site is designed to provide general information and material to foster your own thinking and dialogue. You should seek the assistance competent professionals before making important decisions about your life. The Graceful Aging Site should never be used as a substitute for the advice of your own medical, legal, or financial professional.
We reserve the right, in our discretion, to change these terms of use from time to time as indicated below under Changes to Terms. Your use of the GRACEFUL AGING Site following any change will signify your acceptance of and agreement to the modified terms of use. We have the right at any time without notice to change or discontinue any Site Content.
The Site Content includes information and materials that are the copyrighted property of Graceful Aging Enterprises, Inc. or its affiliated companies and/or third-party licensors or suppliers. You agree that Graceful Aging Enterprises, Inc. and its affiliates, licensors and suppliers transfer no ownership or intellectual property interest in and to the GRACEFUL AGING Site or any of the Site Content to you. You may violate applicable copyright and other laws and regulations if you use the Site Content in contravention of these terms of use. If you believe that any Site Content infringes the copyright of a third party, please contact Attorney Christian Lobb, Esq., Bator Legal, P.C., 400 West Maple, Birmingham, MI 48009.
Subject to your compliance with the terms of use, you may access the GRACEFUL AGING Site and use the Site Content, print site materials and download on any single computer one copy of materials that are downloadable in each case only for your personal, noncommercial use, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from the GRACEFUL AGING Site. Site Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as permitted above. Access to the GRACEFUL AGING Site from and use of the Site Content on any other Website or computer environment is prohibited.
You may not modify, alter, translate, decompile, distribute, resell, sublicense, disassemble, broadcast, transmit, publish, sell, mirror, frame, rent, or otherwise use in any manner not expressly permitted herein, the GRACEFUL AGING Site or the GRACEFUL AGING Content. You may also not use robots, spyware, spiders or similar technologies to gather any data from the GRACEFUL AGING Site and its users. Without the prior written permission of Graceful Aging Enterprises, Inc., You may not place a link to the internal pages of the GRACEFUL AGING Site or to any password-protected portions of the GRACEFUL AGING Site on any website, intranet or extranet. You cannot delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols on the GRACEFUL AGING Site.
In the event you download software from the GRACEFUL AGING Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights. You may not redistribute, transfer, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.
All trademarks, service marks, trade names, and trade dress on the GRACEFUL AGING Site are proprietary to Graceful Aging Enterprises, Inc. or its affiliates or licensors, or of third parties whose products and services are mentioned or included in the GRACEFUL AGING Site. You are not granted any right to use those for any purpose.
When you are on the GRACEFUL AGING Site, you could be directed to or have the ability to link to other websites that are not owned or controlled by us. For example, if you click on an advertisement, a resource directory, a sponsored link or a search result, the click may take you off the GRACEFUL AGING Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves the GRACEFUL AGING Site the site you will be taken to (and any subsequent sites you may access from there) is offered by a third party and not controlled by us and different terms of use and privacy policy may apply. We make no representations concerning the third party websites listed in any of our directories or linked to or from the GRACEFUL AGING Site.
By clicking from the GRACEFUL AGING Site on links to other websites, you acknowledge that Graceful Aging Enterprises, Inc. and its affiliated companies cannot be held responsible for the content, accuracy, timeliness, integrity, relevancy, security, suitability, features, copyright compliance, legality or decency of material contained in the third party sites. We expressly disclaim any liability for third party sites, including any opinions, recommendations, tools, forms, registrations, products and services available through those third party sites, even if they are offered or used in connection with a transaction involving the GRACEFUL AGING Site. We reserve the right to disable links from third-party sites to the GRACEFUL AGING Site, although we are under no obligation to do so.
We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the GRACEFUL AGING Site or third-party content on our site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such third party sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
We are pleased to hear from our visitors and welcome your comments regarding our products and services. While we do value your comments and feedback on our shows, services and products, we request that you be specific in your comments on those shows, services and products, and not submit any User Materials (unless specifically requested by us).
If, through participation in activities on the GRACEFUL AGING Site (such as postings to chat, boards, or contests) or, despite our request to the contrary, you send us unsolicited User Materials (“Submissions”), the Submissions shall be deemed, and shall remain, our property and we will have the right to use and implement them in our discretion for any commercial or non-commercial purpose and without restriction without any obligation of confidentiality or to pay compensation to you or any other person.
You agree not to submit through the GRACEFUL AGING Site any information or material that (a) is likely to interfere with or disrupt the GRACEFUL AGING Site or the operation thereof, (b) is unauthorized copyrighted material or infringes on the intellectual property rights, trade secrets, or privacy of another, or (c) violates contractual or fiduciary rights or duties, or any law or regulation in any jurisdiction.
You acknowledge that anything you submit to the GRACEFUL AGING Site is routed through GRACEFUL AGING’s servers and the Internet and that, therefore, you have no expectation of privacy, security, or confidentiality with regard to any such submission. We cannot guarantee the security or confidentiality of any information you disclose online; you make such disclosures at your own risk. We assume no responsibility for the deletion of or failure to store or secure any information submitted by you.
We are not responsible for the content or opinions posted or sent by users. You take responsibility for postings under your username and use the information provided at your own risk. We reserve the right to remove or edit content at any time and for any reason although we have no duty to do so.
In your communications with us through the GRACEFUL AGING Site, you agree to provide true, accurate, and complete information, including, without limitation, when you provide information via a site registration form. If you provide any false, inaccurate, untrue, or incomplete information we reserve the right to terminate your access and use of the GRACEFUL AGING Site or portion thereof. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the site. If you register to any password-protected part of the GRACEFUL AGING Site, you agree that you are solely responsible for the confidentiality and use of your password(s) as well as for any and all communication or interaction entered through or misconduct arising through the GRACEFUL AGING Site by anyone using your passwords.
When you visit the GRACEFUL AGING Site or send e-mails to us, you are communicating with us electronically. You hereby consent to receive communications from us electronically. 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. You agree that a printed version of these terms of use and of any related notice posted or given in electronic form shall be admissible in legal proceedings relating to these terms of use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
To make the GRACEFUL AGING Site a positive and welcoming experience all our users, you agree not to do any of the following in connection with the GRACEFUL AGING Site:
Post, distribute, make available, or transmit any data, text, message, content or computer file that is or is likely to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or (e) infringes or violates any right of a third party or any domestic or international law, including but not limited to: copyright, patent, database and trademark laws, right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity, or any confidentiality obligation; Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any part of the GRACEFUL AGING Site for commercial purposes of any kind; Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful or malicious component; Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity; Engage in antisocial, disruptive, malicious or destructive acts, including denial of service attacks, “flaming,” “spamming,” “flooding,” “trolling,” “phishing”, “pharming” and “griefing” as those terms are commonly understood; Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.
We reserve the right without notice to you to remove any material, including message, email, or posting, that is in violation of these terms of use or that do not pertain to the designated topic or theme of the Forum. We also reserve the right without notice to you to comply with any legal order or subpoena, or otherwise cooperate with law enforcement officials, regarding the identification of any user alleged to be using a GRACEFUL AGING Site in violation of the law or of any communications or messages alleged to be in violation of law, or for other law enforcement or national security purposes.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time. In the event that we do so, we will notify you of any such change, modification, addition, or deletion by sending you an email at the last email address that you provided us, or by prominently posting notice of the change, modification, addition, or deletion on the GRACEFUL AGING Site where the terms of use are posted. Any such change, modification, addition, or deletion will be effective upon ten (10) calendar days following our dispatch of an email notice to you or our posting of such notice on the GRACEFUL AGING Site. Please check the Terms of Use periodically to learn of any changes to these terms of use.
We reserve the right at any time and for any reason to deny or restrict any user access to the GRACEFUL AGING Site or to any portion thereof. Your ability to access the GRACEFUL AGING Site will terminate automatically if you fail to comply with these terms of use.
No warranty. While we have made reasonable efforts to ensure that the GRACEFUL AGING Site operates properly and that the information contained therein is accurate, the site content may include errors, omissions, or other inaccuracies. You assume the sole risk of making use and/or relying on the site content. All site content are provided “AS IS” and “as available” without warranty of any kind, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. All warranties under the Uniform Computer Information Transactions Act as enacted anywhere are disclaimed to the fullest extent of the law. We do not warrant that the functions contained in the materials on the GRACEFUL AGING Site will be uninterrupted or error-free, that defects will be corrected, or that the GRACEFUL AGING Site or the servers that make such materials available are free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
You agree that Graceful Aging Enterprises, Inc., its affiliated companies, and their respective officers and directors and suppliers are not responsible or liable for any loss or damage or injury you may suffer as a result of using or being unable to use the GRACEFUL AGING Site.
You agree that under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from your use or inability to use the GRACEFUL AGING Site or site content, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. You agree that in no event shall our total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), statutory or otherwise exceed the amount paid by you for the product or service or access, if any, or $100 (whichever is less).
By using the GRACEFUL AGING Site or participating in Forums, you agree to indemnify us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, losses and costs (including reasonable attorneys’ fees) incurred by any of the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or from your use of Forums on the GRACEFUL AGING Site. You will use your reasonable efforts to cooperate with us in the defense of any claim.
PLEASE NOTE THAT THIS AGREEMENT REQUIRES YOU TO SUBMIT TO EXCLUSIVE, BINDING ARBITRATION ANY CLAIMS YOU MAY HAVE AGAINST US RELATING TO OR ARISING FROM YOUR USE OR INABILITY TO USE THE GRACEFUL AGING SITE OR THESE TERMS OF USE. You and us agree that in the event of any claims relating to or arising from your use or inability to use the GRACEFUL AGING Site or to these terms of use, we will submit the matter to binding arbitration pursuant to the rules for commercial arbitration of the American Arbitration Association (AAA), before one arbitrator mutually agreed to by us or selected by the AAA. We agree that the arbitrator must be a person with experience in the field of computer law and electronic transactions. We will share the costs of the arbitrator and the AAA and each party will pay its own counsel. The arbitration will be held in the place where you reside in the United States, and if you do not reside in the United States, you agree we will hold it in Southfield, Michigan, USA. A decision of the arbitrator will be binding and enforceable by a court of competent jurisdiction. Either party can go to court for emergency, temporary injunctive relief pending arbitration.
These terms of use will be governed by and construed in accordance with the laws of the State of Michigan and the laws of the United States, without giving effect to any principles of conflicts of law. Failure to insist on strict performance of the terms of use in one instance will not operate as a waiver of any subsequent default or failure of performance or of that same right or provision at any other time. If any provision of these terms of use is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. We may assign, transfer or delegate any of our rights or obligations under this Agreement, without notice to you, to any third party, including to affiliated entities, successors or purchasers of our business. These terms of use survive the termination of your access or use of the GRACEFUL AGING Site.