TERMS OF SERVICE
Last Updated: September 30, 2022
By accessing or using any part of our Services, you hereby agree to be bound by the TOS. It is your responsibility to read the terms and conditions before proceeding to use our Services.
Modification of Terms
We reserve the right to change or modify these TOS at any time and in our sole discretion. If we make changes to these TOS, we will provide notice of such changes, such as by updating the “Last Updated” date at the beginning of the TOS. By continuing to use the Services at any point after such update, you confirm your acceptance of the revised Terms of Service and all of the terms incorporated therein by reference. You should review these Terms frequently to ensure that you understand the terms and conditions that apply with when you access or use the Services. If you do not agree to the revised Terms of Service, you may not access or use the Services.
Linked Sites and Service Providers
These Terms of Service do not address, and we are not responsible for, the privacy, information, or other data collection, storage, and use practices of any third party operating any site or property to which the Services contain a link (a “Linked Site”) or third parties who provide certain services in connection with your access and use of, and our ability to provide certain products and services to you through, the Services as further detailed herein (a “Service Provider”).
Using the Services
Eligibility. To access or use the Services, you must be at least 18 years of age and have the requisite power and authority to enter into these TOS. In addition, you must be in good standing and not an individual that has been previously barred from visiting the Site or receiving the Services under the laws and statutes of the United State or other applicable jurisdictions.
Description of the Services. The Services provide trusted content about the aging journey, help validate and elevate all things age friendly, and invite older adults and caregivers to share reviews and ratings about programs, businesses, health care providers, and other services where they live, work, and thrive.
Service Availability. The Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Accounts. You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Services. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. We shall not be held liable for any loss and/or damage arising from any failure to comply with the TOS.
Communications. By accessing and using the Services, you consent to receive communications from AFI through the Services or other means, including emails, push notifications, text messages, and phone calls. These communications may promote AFI or businesses listed on the Site, and may be initiated by AFI or businesses listed on the Site. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls with AFI or made through the Services, may be monitored and recorded for quality purposes. You may opt out of certain communications by following the directions in the message.
You agree to the following:
- You are responsible for making all arrangements necessary for you to have access to the Services and ensuring that all persons who access the Services through your internet connection are aware of these TOS and comply with them.
- You may not use the Services to participate in any activity that is in violation of any federal, state, or local law including without limitation, all regulatory, administrative and legislative authorities.
- You shall not disable, hack, circumvent or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Company Content or materials.
- You shall not destroy, interfere with or disrupt, or attempt to interfere with or disrupt (including scan, probe or test the vulnerability of), any web pages available on the Services, servers or networks connected to the Services or the technical delivery systems of AFI’s providers or break any requirements, procedures, policies or regulations of networks connected to the Services.
- You are responsible for any activity that occurs in the real world and through your account. If available, AFI prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide(d) to or were provided by the AFI upon registration and at all other times will be true, accurate, current, complete, and confidential, and you agree to update your information as necessary to maintain its truth, accuracy, and confidentiality.
- You agree that you will not solicit, collect or use the login credentials or other confidential information of other users of the Services (each and collectively, “Third Party Users”).
- You are responsible for keeping your password secret and secure.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Services, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services, including but not limited to, copyright laws.
- You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or Company.
- You must not create or submit unwanted email, comments or other forms of commercial or harassing communications (a/k/a “spam”) to any Third Party Users.
- You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any of the Services are or Company Content is rendered or displayed in a Third Party User's browser or device.
- If available, you must not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You must not attempt to restrict any Third Party User from using or enjoying the Services and you must not encourage or facilitate violations of these TOS or any other Company terms.
- You must not infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity.
- You understand and agree that you use the Services at your own risk. If you violate the letter or spirit of these TOS, or otherwise create risk or possible legal exposure for AFI as AFI may determine in its sole discretion, we can stop providing all or part of the Services to you.
Content Defined. “Content” means text, photos, and all other forms of data or communication. “Your Content” means Content that you submit in connection with the Services, such as reviews, comments and other information. “User Content” means Content that users submit or in connection with the Services.
Responsibility for Your Content. You alone are responsible for Your Content, and once posted to the Services, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by AFI. You must not post any Content that contains material that is false, intentionally misleading, defamatory, that violates any third-party right, or that contains material that is unlawful or violates or advocates the violation of any law or regulation; or violates these TOS.
Ownership and AFI’s Rights. As between you and AFI, you own Your Content. We own the Company Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of Company Content), computer code, products, software, and all other elements and components of the Services excluding Your Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Company Content and the Services, which are protected by copyright, trade dress, patent, trademark, and trade secret laws, and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Company Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and the Company Content are retained by us.
We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant other users of the Services and any Other Media the right to access Your Content in connection with their use of the Services and Other Media. Finally, you irrevocably waive, and cause to be waived, against AFI and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribution, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
Advertising. AFI and our licensees and affiliates may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation or credit for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Other. User Content (including any that may have been created by users employed or contracted by AFI) does not necessarily reflect the opinion of AFI. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you.
Any unauthorized use of the Services is expressly prohibited. For the avoidance of doubt, you hereby agree to the following guidelines:
- Do not post inappropriate Content, such as threats, harassment, lewd comments, hate speech, or other displays of bigotry.
- Your Content should be unbiased and objective. For example, you shouldn’t write reviews of other towns with the sole purpose of degrading or negatively influencing their score to make another town look better.
- Avoid posting promotion commercial content to keep the Services useful for all users.
- Make sure Your Content is relevant and appropriate to the forum.
- Do not post other people’s private information or photos without their permission.
- Do not take, use, or otherwise misappropriate reviews, content, or photos from other people or post the same information for multiple locations.
- Your Content should discuss your personal experiences, but also must be accurate.
You agree to indemnify, defend and hold harmless AFI and their affiliates, and their officers, directors, employees, contractors, agents, licensors, and suppliers, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation and use of these TOS. If you cause a technical disruption of the Services, or the systems transmitting the Services to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
Commercial Reuse of the Services
You herein agree not to replicate, duplicate, copy, trade, sell, resell, nor exploit for any commercial reason any part, use of, or access to the Services.
Use and Storage General Practices
You herein acknowledge that we may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by us, nor the maximum number of email messages that may be sent and/or received by any user, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on our servers on the user’s behalf, and/or the maximum number of times and/or duration that any user may access our Services in a given period of time. In addition, you also agree that we have absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, we shall reserve the right to modify, alter and/or update these general practices and limits at our discretion. Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on our servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on agefriendly.org. It is your agreement to this TOS which establishes your consent to allow us to store any and all communications on its servers.
If you create an account on the Site, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to [email protected]. You agree that we may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services.
The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of inactivity;
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that may be owed by you in connection with your agefriendly.org account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account shall include any and/or all of the following:
- the removal of any access to all or part of the Services offered;
- the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
- the barring of any further use of all or part of our Services.
You do hereby acknowledge and agree that our Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by us or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on our Services (e.g. content or Software), in whole or part. We herein have granted you a personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by us for use in accessing our Services.
Warranty, Disclaimers, and Limitation of Liability
AFI will not be liable for any damages or injury caused by the Services, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AFI AND/OR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF AFI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. AFI’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES.
The material, software, and products in the Services, or available through the Services, may include technical inaccuracies or typographical errors. AFI is not responsible if information made available on the Services is not accurate, complete, or current. The material on the Services is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the material on the Services is at your own risk. The Services may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. AFI may make changes or improvements at any time. ADVICE RECEIVED VIA THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
AFI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED IN THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
AFI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
AFI DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AFI NEITHER WARRANTS NOR REPRESENTS YOUR USE OF MATERIALS DISPLAYED ON THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. AFI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AFI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT AFI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
The Services contain downloadable materials as well as links to external websites. AFI is not responsible for, and has no control over, the content of such downloadable materials or external websites. The inclusion of any link to such websites does not imply endorsement by AFI of the websites. You understand that AFI cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Services, will be free of infection or viruses, worms, Trojan Horses, or other code or defects that manifest contaminating or destructive properties.
Third Party Beneficiaries
You herein acknowledge, understand, and agree, unless otherwise expressly provide in this TOS, that there shall be no third-party beneficiaries to these TOS.
You herein acknowledge, understand and agree that all of our trademarks, copyright, trade name, service marks, and other logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain our property. You herein agree not to display and/or use in any manner our logos or marks without obtaining our prior written consent.
Copyright or Intellectual Property Infringement Claims Notice Procedures
We will always respect the intellectual property of others, and we ask that others do the same. With regard to appropriate circumstances and at its sole discretion, we may disable and/or terminate the account(s) of anyone who violates our TOS and/or infringes the rights of others.
If you feel your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted or other intellectual property that you believe has been infringed upon;
A description of the location of the Site which you allege has been infringing upon your work;
Your physical address, telephone number, and email address;
A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
A statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner’s behalf.
The AFI Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Age Friendly Ventures
Attn: Copyright Agent
204 2nd Ave
Waltham, Mass. 02451
Email: [email protected]
We comply with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content.
Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH AFI AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Choice of Law; Venue. You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in the Commonwealth of Massachusetts, and waive any objection to such jurisdiction or venue.
Statute of Limitations. Any claim under these TOS must be brought within one year after the cause of action arises, or such claim or cause of action is barred. The prevailing party will be entitled to costs and attorneys’ fees.
No Class Arbitrations, Class Actions or Representative Actions. YOU AND AFI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN ACTIONS UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT OF 2004, California Labor Code § 2698 et seq. WHICH ARE NOT COVERED BY THIS SECTION). Further, unless both you and AFI agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Federal Arbitration Act. You and AFI agree that these TOS affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent not prohibited by applicable law.
Notice; Informal Dispute Resolution. You and AFI agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within 30 days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to AFI shall be sent by certified mail or courier to 204 2nd Ave, Waltham, Mass. 02451. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your AFI account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and AFI cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or AFI may, as appropriate and in accordance with this Section, commence an arbitration proceeding or, to the extent specifically provided for in Section, file a claim in court.
Process. Except for Excluded Disputes, you and AFI agree that any Dispute must be commenced or filed by you or AFI within the applicable statute of limitations period, otherwise the underlying claim is permanently barred. You and AFI agree that (a) any arbitration will occur in the Commonwealth of Massachusetts, Middlesex County (“Seat”), (b) arbitration will be conducted confidentially by a single arbitrator in accordance with Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these TOS, and will be administered by the AAA, and (c) that the state or federal courts of the Commonwealth of Massachusetts and the United States, respectively, sitting in the Commonwealth of Massachusetts, Middlesex County, have exclusive jurisdiction over the enforcement of an arbitration award. If you commence arbitration in accordance with these TOS, AFI will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at the Seat, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse AFI for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Authority of Arbitrator. As limited by the FAA, these TOS and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these TOS. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Rules of AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. By agreeing to be bound by these TOS, you either (a) acknowledge and agree that you have read and understand the AAA Rules, or (b) waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.
Severability. If any provision of this Section is found to be unenforceable, then the entirety of this Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described below will govern any action arising out of or related to these TOS or your use of the Services. If any term, clause, or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable.
Opt-Out Right. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by writing to [email protected] In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance. Should you choose not to opt out of this Dispute Resolution provision within the 30-day period, you and AFI will be bound by the terms of this Dispute Resolution provision. You have the right to consult with counsel of your choice concerning this Dispute Resolution provision. You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Dispute Resolution provision.
Entire Agreement. These TOS constitutes the entire agreement between you and AFI and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate services, third-party content or third-party software.
Release of Claims. By accessing the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. AFI is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from nay claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
Waiver and Severability of Terms. At any time, should AFI fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
Contact Us. Questions regarding the Services or these TOS should be directed as follows:
Age-Friendly Institute, Inc.
204 2nd Ave.
Waltham, Massachusetts 02451
Email: [email protected]