Last Revised 6/14/2021
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CONTINUE TO ACCESS AND/OR USE THE SITE AND DO NOT REGISTER FOR AN ACCOUNT.
AgeOptions may modify these Terms from time to time and any such modifications shall be effective immediately upon posting of the modified version. If you continue to access and/or use the Site or your Account, you accept the modified terms. If you do not agree to the modified terms, do not continue to access and/or use the Site or your Account.
1. Compliance. To ensure you are not violating any part of these Terms, AgeOptions recommends that you always review the current Terms each time you visit the Site before you continue to access and/or use the Site or your Account. All access to and use of the Site, your Account and the information contained on or provided through the Site and your Account are subject to these Terms.
2. Use of the Site.
General Use. The Site is made available to allow you to access information regarding AgeOptions and programs and/or services offered by or through AgeOptions, register to become a class leader or service delivery organization (“SDO”), obtain information about, sign-up for, or make referrals to, programs and/or services offered by or through AgeOptions, and contact AgeOptions. Subject to these Terms, and unless otherwise agreed in writing by a duly authorized representative of AgeOptions, AgeOptions grants you a limited, revocable, non-exclusive and non-transferable (subject to Section 10 below) license to access and use the Site solely in connection with the uses described in this Section 2.1 and for your internal purposes. Except as otherwise expressly set forth herein, you shall have no other rights to the Site or the technology or information provided or through the Site, and no other rights shall be implied from these Terms or information on the Site.
2.1 Medical Advice. AgeOptions is not a health care provider, health plan or health insurance company. AgeOptions DOES NOT OFFER HEALTH CARE SERVICES THROUGH THE PROGRAMS OR SERVICES OFFERED BY OR THROUGH ILPathwaystoHealth.org. INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SITE IS INTENDED FOR GENERAL EDUCATIONAL PURPOSES AND IS NOT INTENDED TO BE MEDICAL ADVICE TO YOU OR ANY OTHER PERSON. You should always consult with your own medical provider about your health and medical questions and you should never rely on the Site to make medical decisions. We specifically do not intend for you to interpret anything on the Site as advocating for the self-management of your health or medical condition. The Site is not a substitute for professional medical advice. Never delay seeking medical advice or disregard any medical advice you have received from your provider because of any information contained on or provided through the Site.
2.2 Registered Users. Access to, and use of, an online user, class leader or SDO account (each an “Account”) offered through the Site is strictly limited to those users, class leaders and SDOs who have been approved by AgeOptions and issued a username and password. You may have to agree or consent to additional terms and conditions as part of registering or accessing an Account. You must access your Account using your issued username and password. You may not have more than one (1) Account. You represent and warrant that all information you provided to AgeOptions in connection with registering for an Account (“Registration Data”) is true, accurate, current and complete, and you will immediately update all Registration Data to keep it true, accurate, current and complete. You acknowledge and agree that you will not allow anyone else to access or use your Account, and that you are fully responsible for the actions of any person or entity using your Account, including, without limitation, access or use of your Account as a result of your failure to adequately protect your username or password or your failure to immediately notify AgeOptions of any unauthorized use of your Account.
3. Prohibited Uses. In addition to uses otherwise prohibited by AgeOptions, these Terms or applicable law, you may not, and you may not allow or cause any third party to, do any of the following:
(i) Access or use the Site if you or such third parties are under eighteen (18) years old. The Site is intended only for use by those eighteen (18) years old or older, and by accessing and/or using the Site you represent and warrant that you meet such age requirements;
(ii) Change or delete any copyright or proprietary notice from the Site;
(iii)Use or access the Site
(a) by artificial means or in a manner that, in AgeOptions’ sole discretion, would inflict an excessive, unreasonable or disproportionate load on the infrastructure of the Site or any software, systems or networks integrated with, or connected to, the Site, or
(b) to send unsolicited commercial email to any person, or to threaten, harm or harass another user’s Account, use and/or access to the Site, including, but not limited to, attempting to gain access to another user’s Account, password and/or personal information;
(iv) Post, upload or transmit:
(a) any data, content or materials meant to, directly or indirectly, market or advertise non-AgeOptions approved programs or services, or solicit any other users of the Site for such purposes and/or use data, content or materials gathered from the Site for such purposes,
(b) any data, content or materials of any type that infringe or violate any rights of any party, including, but not limited to, any privacy, patent, copyright, trademark, trade secret or any proprietary or other right of AgeOptions or a third party,
(c) any data, content or materials that are illegal, threatening, obscene, defamatory, harmful, invasive to privacy or otherwise violate the rights of AgeOptions or a third party, or
(d) any disabling code, program routine, device or other undisclosed feature, including, but not limited to, a time bomb, virus, software lock, drop-dead device, malicious logic, worm, Trojan horse, or trap door which is designed to delete, disable, deactivate, interfere with or otherwise harm the Site or AgeOptions’ or a third party’s hardware or software;
(v) Decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization), modify or create a derivative work of the Site (or any portion thereof) or of any other information by any means whatsoever;
(vi) Distribute, disclose or allow use of any portion of the Site in any format through any timesharing device, service bureau, network or by any other means, to or by any unauthorized third party;
(vii) Violate or attempt to violate the security of the Site, including, but not limited to, attempting to access to any portion of the Site or any systems or networks connected to the Site through hacking, cracking, mining, phishing or any other means;
(viii) For any benchmarking, monitoring or testing availability or performance, or any other competitive use, including, but not limited to, creating services or software that are substantially similar to the Site or AgeOptions’ programs or services; or
(ix) Use or access the Site or any information provided through the Site in violation of any applicable federal, state or local law, rules or regulations.
4. Assumption of Risk. You acknowledge and agree that you are using the Site at your sole risk and that you are personally responsible for verifying its suitability for your needs. Any download of data and/or files from the Site shall be at your own risk. AgeOptions shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, software, data or other infrastructure due to your use of the Site or downloading of any material posted on it, or on any website linked to it.
5. Ownership. Although some material, data or technology on the Site may be the intellectual property of a third party that AgeOptions has a right to use, you acknowledge and agree that as between you and AgeOptions, AgeOptions owns all right, title and interest in, and retains any copyright and other intellectual property rights in and to AgeOptions’ marks, logos, the Site and all data, technology and information provided on or through the Site (this expressly excludes any and all user-generated content). You must comply with all copyright, trademark, legal notices and similar restrictions. If you submit, post or upload any content, information, ideas, data, concepts or inventions through the Site, you hereby grant to AgeOptions a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, sub-licensable (through multiple tiers) license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or
electronically, such content, information, ideas, concepts or inventions in any media or medium, or any form, format or forum now known or hereafter developed; provided the foregoing license shall not apply to information where such use is prohibited by law or otherwise a violation of these Terms. To the extent you are not the lawful owner of such rights, you represent and warrant that you have authority from the owner of such content, information, ideas, data, concepts or inventions to grant such rights to AgeOptions.
7. Disclaimer. AGEOPTIONS DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF AGEOPTIONS’ CONTROL. THE SITE AND ANY DATA, TECHNOLOGY OR INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS SET FORTH IN THESE TERMS, AGEOPTIONS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT) WITH REGARD TO THE SITE OR WITH RESPECT TO ANY DATA, TECHNOLOGY OR INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SITE. YOU ACKNOWLEDGE AND AGREE THAT AGEOPTIONS AND ITS EMPLOYEES, MANAGERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND GOVERNORS, AND ITS AND THEIR AFFILIATES, AGENTS, ATTORNEYS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY “RELEASED PARTIES”), SHALL NOT BE LIABLE FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE OR DATA, TECHNOLOGY OR INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SITE.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AGEOPTIONS OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, ANY LOSS OF USE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DUTY TO WARN AND STRICT LIABILITY), PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE OR DATA, TECHNOLOGY OR INFORMATION PROVIDED ON OR THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL AGEOPTIONS OR THE OTHER RELEASED PARTIES BE LIABLE FOR DAMAGES EXCEEDING THE SUM OF $50.00. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT INCREASE THIS LIMIT. Any claims against AgeOptions or any other Released Party arising out of or related to these Terms and/or the Site must be brought within one (1) year of the date of the event giving rise to such action occurred.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMER AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 7 AND 8 ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT YOUR CONSENT TO SUCH DISCLAIMERS AND LIMITATIONS OF LIABILITY. IF YOU ARE DISSATISFIED WITH THE SITE, THESE TERMS OR ANY PORTION OF THE FOREGOING, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR DISCLAIMERS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SUCH PROVISIONS MAY NOT APPLY TO YOU.
9. Indemnification. You shall indemnify, defend and hold AgeOptions and the other Released Parties harmless from and against all claims, damages, fees, costs, expenses (including, but not limited to, reasonable attorney’s fees), liabilities or causes of action arising out of or related to your use of the Site or your breach of these Terms.
10.Assignment. You may not assign or transfer these Terms, or any of your rights or obligations here under, without the prior written consent of AgeOptions, and any attempted assignment or transfer without AgeOptions’ prior written consent shall be null and void. AgeOptions may freely assign these Terms without notice. All of the terms and provisions of these Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective estates, personal representatives, heirs, successors and permitted assigns.
11. Governing Law. These Terms shall be governed by, construed and enforced according to the laws of the State of Illinois, without regard to its conflict or choice of law principles. Subject to Section 17 below, any action arising out of or relating to these Terms shall be brought only in the state or federal courts of Cook County, Illinois, and all parties expressly consent to such courts’ jurisdiction and irrevocably waive any objection with respect to the same.
13. Costs of Litigation. To the extent not prohibited by law, you shall be responsible for all charges, fees and expenses (including, without limitation, reasonable attorneys’ fees) incurred by AgeOptions in enforcing or attempting to enforce its rights hereunder, regardless of whether suit is commenced. In the event applicable law would convert this provision into a bilateral (i.e. “prevailing party”) fee shifting provision, this provision shall be deemed severed from these Terms and the remainder of these Terms will remain in full force and effect.
14. Suspension, Termination and Cancellation. AgeOptions reserves the right, in its sole discretion, to suspend or terminate the Site and/or your Account without notice for any reason, including, but not limited to, if AgeOptions believes that you are in violation of any of the provisions of these Terms. AgeOptions reserves the right to demand proof of eligibility, licensure and/or certification at any time, and suspend or terminate your Account if satisfactory evidence of eligibility is not promptly provided. AgeOptions may deny you access to areas of the Site requiring an Account if AgeOptions has grounds to suspect that the user information you have provided is inaccurate, not current or incomplete. If AgeOptions believes your Account and password are being used without your authorization, AgeOptions may, without notice, deny or block a transaction made through your Account and password until such time as AgeOptions is satisfied that only you are accessing your Account. In the event you desire to terminate your Account you may do so by contacting AgeOptions as set forth in Section 19 below.
15. Force Majeure. AgeOptions shall not be responsible for delays or failures of performance resulting from acts beyond the reasonable control of AgeOptions. Such acts shall include, but are not limited to, acts of God, strikes, public internet and private internet connection failures, lockouts, riots, acts of war, acts of terror, epidemics, government regulations, fire, communication line failures, power failures, earthquakes and other disasters.
16. Miscellaneous. Section headings are not to be considered part of these Terms. They are included solely for convenience and not intended to be full or accurate descriptions of the content hereof. Except as otherwise expressly set forth herein, should any provision of these Terms be held invalid or unenforceable, such invalidity will not invalidate the whole of these Terms, but rather that invalid provision will be amended to achieve as nearly as possible the same effect as the original provision and the remainder of these Terms will remain in full force and effect. Except as set forth in Section 7, 8 and 9, nothing in these Terms is intended to confer upon any person other than the parties hereto, and their respective estates, personal representatives, heirs, successors and permitted assigns, any rights or remedies under or by reason of these Terms. Any and all rights and obligations contained in these Terms which by their nature and/or context are intended to survive termination of these Terms shall so survive, including, but not limited to, the limitations of liability, disclaimers and indemnification obligations. No breach or right under these Terms may be waived unless in writing signed by the waiving party. If you are accepting these Terms on behalf of an entity, you represent and warrant that you are an authorized representative of such entity and have the ability to bind such entity to these Terms. These Terms (and any other documents or terms referenced herein) constitute the entire agreement between the parties with respect to the Site and subject matter hereof, and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties with respect to the subject matter hereof.
17. Arbitration. If any claim arising out of or related to these Terms and/or the Site cannot be settled by the disputants, the claim shall be resolved pursuant to informal arbitration by an arbitrator selected under the Commercial Arbitration Rules of the American Arbitration Association (as then in effect for expedited proceedings) and located in Cook County, Illinois, and such arbitration shall be
conducted in that same location under such rules. Notwithstanding the foregoing, no disputant shall be required to seek arbitration regarding any cause of action that would entitle such disputant to injunctive relief. The determination of the arbitrator shall be conclusive and binding upon the disputants and a court judgment upon the same may be entered in any court having competent jurisdiction thereof. Subject to Sections 9 and 13 above, the expenses of arbitration shall be borne equally by the opposing disputants.
18. Intellectual Property. If you find or suspect the Site, or information or data provided on or through the Site, infringes your intellectual property rights, please report it to AgeOptions using the contact information located in Section 19 below and include the following information. Upon receiving such information, AgeOptions will investigate the matter.
• Your name, address, telephone number and email address so AgeOptions may contact you for further information.
• A description of the intellectual property in question.
• A description of where the intellectual property is located on the Site.
• If applicable, a statement by the owner that they believe the intellectual property in question was used without their permission.
19.AgeOptions Contact Information. If you have any questions or comments regarding these Terms or the Site, or if you need to contact AgeOptions for any reason, please use any of the following: