ADOPT Toolkit Terms of Use

WEBSITE TERMS OF USE

PLEASE REVIEW BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

Welcome to the website (“Site”) of Center for Technology and Aging, a project of the Public Health Institute (collectively referred to as “CTA” or “PHI”). Use of the Site is governed by these Website Terms of Use (“Terms”). By accessing, using, or contributing to the Site, you agree to be bound by the following Terms. “You” means the individual and/or entity using the Site (if your use is on behalf of a principal, then “you” includes both you as an individual and your principal).

CTA may change the Terms from time to time at its sole discretion. Your continued use of the Site following the posting of such changes will constitute your agreement to all such changes. Please periodically visit this section of the Site to review the current version of the Terms.

1. Privacy Policy: CTA respects the privacy of all Site users. A complete statement of CTA’s current privacy policy can be found by clicking here [add link]. CTA’s privacy policy is expressly incorporated into these Terms by this reference.

 

2. Site Registration: When you open an account to use or access the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify CTA immediately on any unauthorized use of your account, user name, or password.

3. No Abuse: You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working or functions of the Site or to access the Site by any means other than through the interface that is provided by CTA. You agree not to collect email addresses or other contact information of other users of the Site by electronic or other means or to engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of the Site. Violations of system or network security may result in civil or criminal liability.

4. No Warranties: You agree that the Site and all of its functionality (including links) and all information on it is provided AS IS and as available. If there are any implied warranties, duties or conditions that relate to the Site, to its functionality or to the information available on it, you agree that they are all disclaimed, including without limitation, any duties of workmanlike effort, accuracy, and lack of negligence or viruses. There is no warranty against interference with your enjoyment of the Site, functionality or information or against infringement. CTA does not warrant that the Site will meet your requirements or that the operation of the Site will be uninterrupted or error-free.

5. No Incidental, Consequential or Certain Other Damages: You agree that CTA will not be liable for any special, consequential, incidental or punitive damages, damages for lost profits, loss of privacy or security or failure to meet any duty (including without imitation any duty of good faith or lack or negligence or of workmanlike effort). You further agree that CTA will not be liable for any other indirect damages that arise out of or are related to any aspect of the Site or information available on it, even if you have been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or products liability or misrepresentation.

6. Accounts

6.1 Registration: To utilize the Site, or certain portions of it, you may be required to complete a registration process and establish an account with CTA (“Account”). You represent and warrant that all information provided by you to CTA is current, accurate, and complete and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

6.2 Password and Security: As a registered user of the Site, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and your Account(s). You understand and agree that you are fully responsible for all actions and postings made from your Account(s). Any Account(s) you create are not transferrable. You agree to notify CTA immediately if you become aware of any unauthorized use of your Account(s).

6.3 Termination: CTA reserves the right to terminate your Account(s) or restrict access to your Account(s), or to delete any content posted through your Account(s), with or without notice, for any or no reason, and without any liability to you whatsoever.

7. Community Participation

7.1 Community Content: Some material made available on the Site is contributed by Site users and does not necessarily represent the views of CTA or its funders. CTA assumes no responsibility for the accuracy, suitability, or completeness of any content posted by Site users.

7.2 Inappropriate Content: You agree not to upload, download, display, perform, transmit, or otherwise distribute any content to the Site that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. CTA reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. CTA intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

7.3 License: You grant CTA a license to use any materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you are granting CTA, its funders, affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of its business, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that CTA may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, copy, perform, transmit, or otherwise distribute User Content.

7.4 Linking: You understand that CTA does not and cannot review all material made available through websites linked or linking to any part of the Site. You also understand that such linking does not imply in any way the CTA endorses or is affiliated with any third-party website. You agree that CTA bears no responsibility or liability for any content accessed or harm caused from or by any third-party website.

You are welcome to link to this Site so long as the link does not intentionally distort the content provided or the positions taken by CTA, or violate any applicable law including tort law. In its sole discretion, CTA can terminate this permission to link to the Site at any time, for any reason or no reason and without prior notice. If you continue or resume linking after such termination, those links are unauthorized by CTA unless you receive non-electronic, written notification to the contrary.

7.5 Compliance with Intellectual Property Laws: When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

8. Notice of Copyright Agent: CTA has adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of CTA or of a third party, or otherwise violated any intellectual property laws or regulations. CTA’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want CTA to delete, edit, or disable the material in question, you must provide CTA with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CTA to locate the material; (d) information reasonably sufficient to permit CTA to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to CTA’s designated agent at: Margaret Whelly, PHI, 555 12th Street, Oakland, CA 94607; 510.285.5000; mwhelly@phi.org.

9. Indemnity: You agree to indemnify the Public Health Institute for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless PHI, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. CTA will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

10. Copyright: All contents of Site are Copyright © 2011 Public Health Institute, 555 12th Street, Oakland, CA 94607. You may print or make a copy of these Terms. You may also make and distribute verbatim copies of entries in this Site and lawfully use the text to the extent allowed by principle of fair use. If you would like broader rights, you need to first get permission in writing from CTA. The foregoing rights are revocable and all intellectual property rights not expressly granted here are reserved.

11. Governing Law: These Terms will be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the County of Alameda, California, USA, in all disputes arising out of or related to the use of the Site.

12. Severability; Waiver: If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

13. No License: Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by PHI, CTA or by any third party.