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Home | Terms of Use

Terms of Use

Bay Area Older Adults Website Terms, Conditions and Notices

Welcome to the bayareaolderadults.org website (the "BAO Website") owned and operated by Bay Area Older Adults, Inc. The BAO Website is provided solely to assist customers in gathering information about the outdoors, healthy eating, social and intellectual activities, posting reviews of the activities on the BAO Website, emailing feedback about the BAO Website, engaging in interactive forums and for no other purposes.

These Terms of Use apply to your use of the BAO Website. The BAO Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices, as well as, the Privacy Policy and any other terms and conditions that may apply to specific sections of the BAO Website or to Products or Services available on the BAO Website (collectively, the "Agreement"). Accessing the BAO Website, in any manner, whether automated or otherwise, constitutes use of the BAO Website. By accessing browsing, crawling, scraping or in any way using the BAO Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use the BAO Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice. The revised Agreement will appear on the BAO Website and your continued access or use of the BAO Website signifies your acceptance of the updated or modified Agreement.

Definitions

The terms "we", "us", "our" "BAO" and "Bay Area Older Adults, Inc." refer to Bay Area Older Adults, Inc., a California corporation. The term "you", "your" or "user" refers to the customer visiting the BAO Website and/or contributing content on the BAO Website. "Content" means text, images, photos, audio, video, graphics, maps, icons, software and all other forms of data or communication. "Your Content" means content that you submit or transmit to or through the BAO Website, such as ratings, reviews, questions, comments, suggestions, invitations, and information that you include as part of your account profile. "User Content" means content that users submit or transmit to or through the BAO Website. "BAO Content" means content that we create and make available on the BAO Website. "Third Party Content" means content that is made available on the BAO Website by parties other than BAO or its users, such as data providers who license data to BAO for use on the BAO Website. "Website Content" means all of the Content that is made available on the BAO Website, including Your Content, User Content, Third Party Content, and BAO Content. "BAO Software" means all PHP, HTML, XHTML, CSS, Javascript, SQL and other code contained on the BAO Website. "Viruses" means computer viruses, corrupted data, worms, defects, Trojan horses or other items of a harmful, disruptive or destructive nature.

Use of the Website

To access only certain features of the BAO Website, we may ask you to provide personally identifiable information, at minimum including full name, e-mail address and ZIP code. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

As a condition of your use of the BAO Website, you warrant that (i) all information supplied by you on the BAO Website is true, accurate, current and complete, (ii) if you have a bayareaolderadults.org account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you (iii) agree to notify us immediately of any unauthorized use of your account and (iv) you are 13 years of age or older in order to register for an account and contribute to our website. Bay Area Older Adults does not knowingly collect the information of anyone under the age of 13. If we suspect that information you provide is untrue, inaccurate, or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse all current or future use of the BAO Website. We retain the right at our sole discretion to deny access to anyone to the BAO Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Restrictions on Use

The content and information on the BAO Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to:

  • (i) use the BAO Website or its contents for any commercial purpose except as expressly allowed in writing by BAO;
  • (ii) use any robot, spider, scraper, site search/retrieval application or other automated means to access, retrieve, scrape, index, monitor or copy any content or information of the BAO Website for any purpose except as expressly allowed in writing by BAO;
  • (iii) violate the restrictions in any robot exclusion headers on the BAO Website or bypass or circumvent other measures employed to prevent or limit access to the BAO Website;
  • (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • (v) interfere with or disrupt any servers or networks used to provide the BAO Website or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the BAO Website;
  • (vi) gain unauthorized access to the BAO Website, or any account, computer system, or network connected to the BAO Website, by means such as hacking, password mining, or other illicit means. We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the BAO Website, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use;
  • (vii) obtain or attempt to obtain any materials or information not intentionally made available through the BAO Website;
  • (viii) deep-link to any portion of the BAO Website for any purpose except as expressly allowed in writing by BAO;
  • (ix) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any BAO Software contained on the BAO Website except as permitted by law;
  • (x) reformat, frame, mirror, or inline link to any of the Website Content or the BAO Website, or incorporate any part of the BAO Website into another website or other service except as expressly allowed in writing by BAO. However, you may establish a hypertext link to the Website, provided that the link does not state or imply any sponsorship of your website by Bay Area Older Adults, Inc.;
  • (xi) gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the BAO Website or record, process, or mine information about other users;
  • (xii) engage in promotional, advertising or commercial solicitation of any product or service, political campaigning, contests, raffles or to solicit donations of any kind on the BAO Website, except as expressly allowed in writing by BAO;
  • (xiii) use the BAO Website to post, transmit, or in any way exploit any information, BAO Software, or other material for commercial purposes;
  • (xiv) use the BAO Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the BAO Website;
  • (xv) use the BAO Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
  • (xvi) use the BAO Website to solicit personal information from minors or to harm or threaten to cause harm to minors;
  • (xvii) modify, copy, adapt, appropriate, transmit, perform, publish, license, transfer, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, trade, sell or re-sell information or BAO Software or in any way exploit the BAO Website or Website Content (other than Your Content), except as expressly authorized in writing by BAO;
  • (xviii) remove or modify any copyright, trademark or other proprietary rights notice on the BAO Website or on any materials printed or copied off of the BAO Website; or
  • (xix) use the BAO Website or any Website Content to transmit any Viruses; use any device, software or routine that interferes with the proper working of the BAO Website, or otherwise attempt to interfere with the proper working of the BAO Website; make excessive traffic demands; use the BAO Website to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the BAO Website or Website Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the BAO Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the BAO Website.

Events

This Waiver of Liability and Consent to Use of Image in the Events section pertain to Website Content that describes (1) events, classes, trips, tours, workshops or lectures that are not offered or organized by BAO and are listed on the BAO Website, BAO email newsletters and other BAO advertising venues ("Non-BAO Activities") and (2) events, classes, trips, tours, workshops or lectures offered and organized by Bay Area Older Adults and its partners ("Bay Area Older Adults") that are listed on the BAO Website, BAO email newsletters and other BAO advertising venues ("Activities")

Waiver of Liability. You agree to indemnify and hold BAO harmless and hereby waive, release and discharge any and all claims for damage, injury, bodily injury or property damage which you may have or which hereinafter may accrue to you against Bay Area Older Adults, its agents and volunteers, from and against any liability arising out of or connected in any way with your participation in Non-BAO Activities and Activities, even though that liability may arise out of negligence or carelessness on the part of the person or entities mentioned above.

You understand that accidents and injuries can arise from participation in Non-BAO Activities and Activities; knowing the risks, nevertheless, you hereby agree to assume those risks on behalf of yourself and to release and to hold harmless all of the persons or entities mentioned above whom (through negligence or carelessness) might otherwise be liable to you (or your heirs or assignees) for damages. It is further understood and agreed that this waiver, release and assumption of risks has been freely entered into and is to be binding on your heirs and assigns.

Consent to Use of Image. You authorize Bay Area Older Adults and its agents to photograph, videotape, audio record, duplicate, and/or otherwise record your image, voice, and likeness ("Images"). You acknowledge that BAO owns all rights, title and interest to Images. You irrevocably authorize Bay Area Older Adults and its agents to use, reproduce, display, publish, and distribute Images for any purpose on websites, publications, broadcasts, displays, and any other medium. You waive any right to inspect or approve Images or material that may be used with them now or in the future, whether that use is known to you or not. Similarly, if you provide us any Images that you acquired of BAO Activity attendees, you authorize us to use those Images as described above.

You release Bay Area Older Adults and its agents from all liability arising out of the use of Images, including but not limited to any claims arising out of your right of privacy or right of publicity and any claims based on any distortions or faulty mechanical reproductions. You understand that you will not be compensated for any use of Images.

Content Feeds

We may make some of the Website Content (the "Feed Content") available via Real Simple Syndication and Atom feeds (the "Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog, provided that: (a) your use of the Feeds is for personal, non-commercial purposes only, (b) your display of the Feed Content links back to the relevant pages on the BAO Website and attributes Bay Area Older Adults, Inc. as the source of the Feed Content, (c) your use or display of the Feed Content does not suggest that Bay Area Older Adults, Inc. promotes or endorses any third party causes, ideas, websites, products or services, (d) you do not redistribute the Feed Content, and (e) your use of the Feeds will not overburden BAO's systems.

Privacy Policy

Bay Area Older Adults, Inc. believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of bayareaolderadults.org, to understand our practices.

Reviews, Comments and Use of Interactive Areas

In the event of any termination, whether by you or us, this "Reviews, Comments and Use of Interactive Areas" section of the Terms of Use will continue in full force and effect.

The BAO Website may include interactive areas, including, but not limited to, message boards, web logs, e-mail services, discussion forums, bulletin boards, review services or other forums in which you or third parties may upload user-generated content or post reviews of their experiences or other content, messages, materials or other items on the BAO Website ("Interactive Areas"). If Bay Area Older Adults, Inc. provides such Interactive Areas, you are solely responsible for any material that you provide through the Interactive Areas on the BAO Website.

Please be aware that by posting or submitting any Content to the BAO Website by electronic mail, postings on the BAO Website or otherwise (collectively, "Your Content"), you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use; and (ii) that you are thirteen years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.

When you submit or post material to the BAO Website, you grant to Bay Area Older Adults, Inc. the royalty-free, perpetual, irrevocable, transferable and fully sublicensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology, now known or hereafter devised. We may use Your Content in a number of different ways, including displaying it on the BAO Website, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you irrevocably grant us permission to use Your Content for any purpose. You also irrevocably grant the BAO Website's users and the users of any Other Media the right to access Your Content in connection with their use of the BAO Website and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content. The grant to us shall include the right to exploit any proprietary rights in any such material. You further grant Bay Area Older Adults, Inc. the right to pursue at law any person or entity that violates your or Bay Area Older Adults' rights in the Your Content by a breach of this Agreement. You acknowledge and agree that Your Content is non-confidential and non-proprietary.

You assume all risks associated with Your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. 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 BAO.

You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

You are responsible for your use of such Interactive Areas and use them at your own risk. We do not control the messages, information, or files that you or others may provide through the BAO Website. The BAO Website, including its Interactive Areas, shall be used for lawful purposes only. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, display, distribute, store, create or otherwise publish through the BAO Website any of the following:

  • a. Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, fraudulent, abusive, inflammatory including without limitation, Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or Content that is otherwise objectionable;
  • b.Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would encourage conduct that would give rise to or otherwise create liability or violate the terms of use or any local, state, national or international law, including, without limitation, the regulations of federal or state agencies;
  • c. Content that may breach confidentiality or violate our rights or the rights of others, including, without limitation, any privacy rights, publicity rights, patent rights, trademark rights, trade secret rights, copyright or other intellectual or proprietary right of us or any party;
  • d. Content that impersonates any person or entity or falsely state or otherwise misrepresents your affiliation with a person or entity, including Bay Area Older Adults, Inc.;
  • e. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • f. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  • g. Content or links to content that, in the sole judgment of Bay Area Older Adults, (a) violates the previous subsections herein, (b) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the BAO Website, or (c) which may expose Bay Area Older Adults, Inc. or its affiliates or its users to any harm or liability of any type.

We grant you permission to use the BAO Website subject to the restrictions in these Terms of Use. In using the BAO Website, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. BAO does not endorse such Content. As a provider of Interactive Areas, Bay Area Older Adults, Inc. takes no responsibility and assumes no liability for any Content in any public forum or other Interactive Area, posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Bay Area Older Adults, Inc. liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Bay Area Older Adults, Inc. has the right, but no obligation to screen, edit, monitor or remove without notice any of the Content posted or stored on the BAO Website or posted to or distributed through any Interactive Area. Notwithstanding this right, users shall remain solely responsible for the Content of their messages. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on the message boards or other Interactive Areas of the BAO Website, whether it is provided by us, our employees, or a third party. Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on information obtained through postings on the message boards or other Interactive Areas of the BAO Website. We are not responsible for any offensive, defamatory, or obscene posting made on the message boards or other Interactive Areas of the Website. You are solely responsible for creating backup copies of and replacing any Content you post or store on the Website at your sole cost and expense. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable or in violation of these Terms of Use. We also reserve the right to deny access to the BAO Website or any features of the BAO Website to anyone who violates these Terms of Use, or who, in our sole judgment, interferes with the ability of others to enjoy the BAO Website or infringes the rights of others. Neither we nor any third-party content provider shall assume or have any liability for any action or inaction by us or any third-party content provider with respect to any conduct, communication, or posting on the message boards or other Interactive Areas of the BAO Website.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Bay Area Older Adults or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release BAO and its licensees, successors and assigns, from any claims that you could otherwise assert against Bay Area Older Adults, Inc. by virtue of any such moral rights.

BAO and its licensees may display advertisements and other information adjacent to or included with Your Content on the BAO Website and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Any use of the Interactive Areas or other portions of the BAO Website in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the BAO Website. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Bay Area Older Adult's systems and customers, or to ensure the integrity and operation of Bay Area Older Adult's business and systems, Bay Area Older Adults, Inc. may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. Bay Area Older Adult's right to disclose any such information shall take precedence over any terms of Bay Area Older Adult's Privacy Policy.

Ownership

In the event of any termination, whether by you or us, this "Ownership" paragraph of the Terms of Use will continue in full force and effect. We own the Website Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, BAO Software, aggregate user review ratings, and all other elements and components of the BAO Website excluding Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Website Content and the BAO Website, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Website Content in whole or in part except as expressly authorized in writing by BAO. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the BAO Website and the Website Content are retained by us.

Warranties, Disclaimers and Limitation of Liability

IN THE EVENT OF ANY TERMINATION, WHETHER BY YOU OR BY US, THIS "WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY" SECTION OF THE TERMS OF USE WILL CONTINUE IN FULL FORCE AND EFFECT.

BAY AREA OLDER ADULTS, INC. DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE BAO WEBSITE, (2) THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THE BAO WEBSITE OR THIRD-PARTY SITES AND (3) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO THE CONTENT PROVIDED IN THE DIRECTORIES AS WELL AS THE CONTENT PROVIDED BY USERS IN THE INTERACTIVE AREAS.

BAY AREA OLDER ADULTS, INC. MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, BAO SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE BAO WEBSITE OR OFFERED THROUGH THE BAO WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE BAO WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE BAY AREA OLDER ADULTS, INC.

TO THE FULLLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BAO FURTHER DISCLAIMS ALL CONDITIONS AND WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM BAO OR THE BAO WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.

BAY AREA OLDER ADULTS, INC. DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE BAY AREA OLDER ADULTS, INC., ARE FREE OF VIRUSES. DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE BAO WEBSITE, INCLUDING INTERACTIVE AREAS, OR THE SERVERS THAT MAKE THE BAO WEBSITE AVAILABLE, ARE FREE OF VIRUSES. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, SUBSCRIBERS OR OTHER USERS OF THE INTERACTIVE AREAS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.

THE INFORMATION, BAO SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE BAO WEBSITE OR OFFERED THROUGH THE BAO WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. THE BAO WEBSITE AND WEBSITE CONTENT IS MADE AVAILABLE FOR VISITOR INFORMATION ONLY ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND. BAY AREA OLDER ADULTS, INC., AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION DISPLAYED ON THE BAO WEBSITE. NEITHER WE, NOR OUR SUPPLIERS, WILL BE LIABLE IN ANY LOSS OR DAMAGE WITH REGARD TO SUCH INFORMATION OR CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE BAO WEBSITE. USE OF ANY INFORMATION ON THE WEBSITE OR THIRD-PARTY SITES IS AT THE USER'S OWN RISK.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BAY AREA OLDER ADULTS, INC. OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE BAO WEBSITE, WEBSITE CONTENT OR RELATED ONLINE PRODUCTS AND SERVICES BE LIABLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL OR CONSEQUENTIAL DAMAGES (B) LOSS OF PROFITS (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF BAO OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR THE USE OF, OR THE DELAY OR INABILITY TO ACCESS TO, DISPLAY OF OR USE OF, THE BAO WEBSITE, INCLUDING ALL WEBSITE CONTENTS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE BAO WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THE BAO WEBSITE; ANY VIRUSES, INFORMATION, BAO SOFTWARE, LINKED WEBSITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE BAO WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE BAO WEBSITE), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.

BAO ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH BAO RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.

BAO'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO BAO IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US$100.00.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

You must provide and are solely responsible for all hardware and/or software necessary to access the BAO Website. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

Any financial information provided on the BAO Website is for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Website should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume any and all risk for your use of financial information provided on the BAO Website.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Bay Area Older Adults, Inc.

Feedback

In the event of any termination, whether by you or us, this "Feedback" section in the Terms of Use will continue in full force and effect. IF YOU ARE DISSATISFIED WITH THE WEBSITE, PLEASE PROVIDE FEEDBACK THROUGH OUR FEEDBACK PAGE here. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

YOUR ONLY OTHER REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH (I) THE BAO WEBSITE (II) THE TERMS AND CONDITIONS OF USE (III) ANY POLICY OR PRACTICE OF BAO IN OPERATING THE BAO WEBSITE (IV) ANY CONTENT OR INFORMATION TRANSMITTED THROUGH THE BAO WEBSITE, OR (V) ANY MATERIALS, PRODUCTS, OR SERVICES ON THE BAO WEBSITE, IS TO DISCONTINUE USING THE BAO WEBSITE.

Nonpartisan Organization

BAO is a nonprofit, nonpartisan organization that helps people 60 years or older have independence, choice, and control in ways that are beneficial and affordable to them and society as a whole. BAO does not endorse, support, or oppose political candidates or parties, and does not have a PAC.

Indemnification

In the event of any termination, whether by you or us, this "Indemnification" section of the Terms of Use will continue in full force and effect. You agree to indemnify and hold Bay Area Older Adults, Inc., its affiliates, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • (i) your breach of this Agreement or the documents referenced herein;
  • (ii) your violation of any law or the rights of a third party; or
  • (iii) your access or use of the BAO Website.

BAO reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of BAO. BAO will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Links to Third Party Sites

The BAO Website may contain hyperlinks to websites operated by parties other than Bay Area Older Adults, Inc. Such hyperlinks are provided for your reference only. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by BAO. When you access these third-party sites, you do so at your own risk. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the BAO Website or other websites) is free of Viruses. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Bay Area Older Adults, Inc. to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.

BAO Software Available on this Website

Unless otherwise specified, the materials on the BAO Website are presented solely to provide information regarding and to promote Bay Area Older Adult's services, websites, partners and other products available in the United States, its territories, possessions and protectorates. The BAO Website is controlled and operated by Bay Area Older Adults, Inc. from its offices in the state of California in the United States. Bay Area Older Adults, Inc. makes no representation that materials on the BAO Website are appropriate or available for use outside the United States. Those who choose to access the Bay Area Older Adults website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. BAO Software from the BAO Website is further subject to United States export controls. No software from the BAO Website may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the BAO Website, 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.

If you use the BAO Website on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms of Use (which authority you hereby exercise).

Please note that all BAO Software contained on the BAO Website, is owned by Bay Area Older Adults, Inc. and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the BAO Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE BAO SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Copyright and Trademark Notices

In the event of any termination, whether by you or us, this "Copyright and Trademark Notices" section of the Terms of Use will continue in full force and effect. All contents of this Website are: ©2009 Bay Area Older Adults, Inc. All rights reserved. The Website and all the materials contained on it are protected by copyright, trademark and other intellectual property laws. We provide the BAO Website for personal, noncommercial use only. Bay Area Older Adults, Inc. is not responsible for content on websites operated by parties other than Bay Area Older Adults, Inc. BAYAREAOLDERADULTS, the tree logo and all other service names or slogans displayed on the BAO Website are registered and/or common law service marks of Bay Area Older Adults, Inc. and/or its or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written consent of Bay Area Older Adults, Inc. or the applicable trademark or servicemark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Bay Area Older Adults, Inc. and may not be copied, imitated or used, in whole or in part, without the prior written consent of Bay Area Older Adults, Inc. All other trademarks, registered trademarks, product names and company names or logos mentioned on the BAO Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Bay Area Older Adults, Inc.

You may only use the BAO Website and the materials on it as authorized by us. You may not use the BAO Website or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use the BAO Website (or any portion of the BAO Website) if we determine you have violated (whether repeated or not) of copyrights or any other rights belonging to us or a third party. Unless authorized in these Terms of Use, by express written permission or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the BAO Website. Information about permission to reproduce or distribute materials from the BAO Website can be obtained by e-mailing info@bayareaolderadults.org. If you are aware of an infringement of either your brand or our brand, please let us know by e-mailing us at info@bayareaolderadults.org.

We have has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of BAO's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided below. It is BAO's policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those determined by BAO to be "repeat infringers". If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the BAO Website in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice by U.S. Mail to 1111 W. El Camino Real Ste 109-225, Sunnyvale, CA 94087-1057 Attn: Corporate Counsel, or by email to info@bayareaolderadults.org.

Please include the following information in your written notice:

  • (1) a detailed description of the copyrighted work that is allegedly infringed;
  • (2) identification of the Content on the BAO Website that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit BAO to locate such Content;
  • (3) your contact information, including your address, telephone number, and, if available, e-mail address;
  • (4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
  • (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and
  • (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Please note that BAO may, at its sole discretion, send a copy of such notices to third parties for publication. For example, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. Please note that you may be subject to liability under Section 512(f) of the DMCA if you materially misrepresent that content on the BAO Website infringes your copyright.

Procedure to Supply a Counter-Notice to the Designated Agent:

If you believe that Content has been mistakenly removed from the BAO Website pursuant to this DMCA policy, you may send a written counter-notice to the Designated Agent including the following:

  • 1. Identification of the Content that was removed, and the location on the BAO Website where it would have been found prior to its removal;
  • 2. A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification;
  • 3. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which BAO is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and
  • 4. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

Service Help

For answers to your questions or ways to contact us, please email us at info@bayareaolderadults.org

Or, you can write to us at:

Bay Area Older Adults, Inc.
565 Manzanita Avenue,
Sunnyvale, CA 94085 USA

©2009 Bay Area Older Adults, Inc. All rights reserved.

Termination

We may, at any time and without notice, suspend, cancel, or terminate your account or your ability to use the BAO Website (or any portion of the Website) at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the BAO Website if you breach the Terms of Use or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the BAO Website, Your Content, Website Content, or any other related information. In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the BAO Website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the BAO Website, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

We reserve the right to modify, update, or discontinue the BAO Website at our sole discretion, at any time, for any or no reason, and without notice or liability.

You may terminate the Terms of Use at any time by closing your account, discontinuing your use of any and all parts of the BAO Website, and providing BAO with a notice of termination by email at info@bayareaolderadults.org using the subject heading "Close my account". If you close your account, we will use commercially reasonable efforts to stop displaying your account profile on the BAO Website, but may continue to display Your Content where it implicates other users (e.g., reviews and comments that you have posted to BAO).

In the event of any termination, whether by you or us, particular paragraphs and particular sections of the Terms of Use will continue in full force and effect, including our right to use Your Content as detailed above.

Other Terms

This Agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written and/or oral. You also may be subject to additional terms and conditions that may apply when you purchase and/or use the products or services of a third party that are provided on or through the BAO Website. In the event of any conflict between any such third-party terms and conditions and these Terms of Use, these Terms of Use shall govern. This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. If any provision of this agreement shall be found unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The foregoing provisions of these Terms of Use are for our benefit and the benefits of our affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

Any failure on our part to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

The Terms of Use are not assignable, transferable or sublicensable by you except with BAO's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Use shall be void.

The section titles capitalized and bolded in the Terms of Use are for convenience only and have no legal or contractual effect.

General

In the event of any termination, whether by you or us, this "General" section of the Terms of Use will continue in full force and effect.

This BAO Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in California, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the BAO Website. You agree that all claims you may have against Bay Area Older Adults, Inc. arising from or relating to the BAO Website must be heard and resolved in a court of competent subject matter jurisdiction located in the state of California, United States. Use of the BAO Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, agency, partnership, or employment relationship exists between you and the Bay Area Older Adults, Inc. and/or Affiliates as a result of this Agreement or use of the BAO Website and you do not have any authority of any kind to bind us in any respect whatsoever.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the BAO Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Bay Area Older Adults, Inc. with respect to the BAO Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Bay Area Older Adults, Inc. with respect to the BAO Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on the BAO Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

Pricing Terms and Conditions

Bay Area Older Adults, Inc. is not a booking agent or tour operator, and does not charge any service fees to users of our BAO Website. However, you should be aware that agents who list travel packages or similar with us may not have included all fees and surcharges in their listed prices.

Furthermore, Bay Area Older Adults, Inc. makes no guarantees for prices shown on our site.