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CatAge subscribes to the high standards and practices of its parent company, RealAge, Inc.
REALAGE TERMS OF USE
RealAge provides services to you on our site, located at
www.RealAge.com
("Site"), under these terms of use ("Terms").
Please read these Terms carefully. You understand that these Terms govern
your use of the Site.
1. Privacy Policy
Your privacy is important to us. All information collected from
you in connection with your use of the Site is governed by our Privacy
Policy. For more information, please see our Privacy Policy, which is
incorporated into these Terms.
2. Modifications to Terms
We may change these Terms from time to time. We will notify you of such
changes by posting the amended Terms on the Site. In addition, we may
notify you of material changes to these Terms in accordance with our
Privacy Policy. These Terms, as amended, will be effective upon acceptance
in registration for new users and are otherwise effective for all users
30 days after the posting of any amended terms.
3. Modifications to the Site
We reserve the right to modify the Site or to change or discontinue any of
the services offered on the Site with or without notice to you. We shall
not be liable to you or to any third party should we exercise our right to
modify the Site or to change or discontinue our service offerings. If you
object to any change to the Site or our services, your sole recourse will
be to discontinue using the Site. Your continued use of any modified
service on the Site will indicate your assent to such changes.
4. Restricted Activities
You agree not to use the Site to (a) violate or encourage the violation of
any local, state, national, or international law; (b) stalk, harass, or harm
another individual; (c) collect or store personal data about other users of
our Site; (d) impersonate any person or entity or otherwise misrepresent
your affiliation with a person or entity; (e) interfere with or disrupt the
Site or services or networks connected to the Site or disobey any
requirements, procedures, policies, or regulations of networks connected to
the Site. You agree not to use the Site, including the Tell-a-Friend e-mail
feature and RealAge Challenge, to send any message that is unlawful,
libelous, defamatory, abusive, sexually explicit, threatening, vulgar,
obscene, profane, racially offensive, or otherwise objectionable, as
determined by RealAge in its sole discretion.
Without our written consent, you may not (i) reproduce, duplicate, copy,
sell, resell, or exploit for any commercial purpose any portion of the
Site, use of the Site, or access to the Site; (ii) allow, enable, or
otherwise support the transmission of mass unsolicited, commercial
advertising or solicitations via e-mail (spam); (iii) use any high volume,
automated, or electronic means (including, without limitation, robots,
spiders, scripts, or other automated devices) to access the Site or monitor
or copy our Web pages or the content contained thereon; (iv) deep link to
the Site for any purpose; or (d) frame the Site, place pop-up windows over
its pages, or otherwise affect the display of its pages.
5. Your Content
You may submit comments, testimonials, or other content to us (collectively,
"Content") via e-mail links on the Site. You grant to us a royalty-free,
perpetual, irrevocable, nonexclusive, worldwide right and license (with the
right to sublicense through multiple tiers) to (a) use, reproduce,
distribute, modify, create derivative works of, publicly display, and
publicly perform your Content in any media now known or not currently known;
and (b) make, have made, sell, offer for sale, import, and otherwise
transfer your Content (collectively, "Use"). You retain all ownership
rights in and to your Content. Any Use of your Content will be in
accordance with our Privacy Policy. Notwithstanding any terms in our
Privacy Policy, RealAge may post on the Site any testimonial you submit to
us. We will attribute your testimonial to you by posting your first and
last initial or your first name and last initial next to your testimonial.
6. Third Party Services
RealAge provides you with links to third-party Web sites or locations,
including service providers ("Provider") such as booksellers, for your
convenience only. Our provision of such a link does not signify an
endorsement by RealAge of the third-party’s Web site or the services
offered by such third-party. RealAge has no control over, does not review,
and cannot be responsible for these outside Web sites or their content.
Your use of a third-party Web site will be subject to such third-party’s
terms of use and privacy policy. Should you decide to use the services of a
Provider, any transaction between you and such Provider (including any
agreement governing such transaction) will strictly be between you and the
Provider. RealAge has no control over the Provider’s performance of its
services, and RealAge makes no representations or warranties with respect to
the Provider’s performance of its services. YOU AGREE THAT REALAGE WILL NOT
BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE
RESULT OF ANY SUCH TRANSACTION WITH A PROVIDER.
7. Services Provided by Co-Branding Partners
Portions of the Site contain links
to Web sites hosted by our co-branding partners ("Co-Branders").
Information and services provided by Co-Branders on their Web sites are
governed by such Co-Brander’s terms of use and privacy policies. Our
provision of a link to a Co-Brander’s Web site is for your convenience only,
and RealAge has no control over and cannot be responsible for any content
provided by a Co-Brander on such Web sites.
8. Termination
We may terminate your use of the Site without prior notice for any reason,
at our sole discretion, including without limitation, if we believe that
you have violated these Terms. You may discontinue your access to the Site
at any time.
9. Medical Disclaimer
All information on the Site is of a general nature and is furnished for
educational purposes only. No information contained on the Site or in any
e-mail sent to you by RealAge ("RealAge Content") is to be taken as medical
or other health advice pertaining to any individual’s specific health or
medical condition. Although we make an effort to provide quality information
to you, RealAge disclaims any implied guarantee regarding the accuracy,
completeness, timeliness, or relevance of any RealAge Content. The RealAge
Content is not a diagnosis, treatment plan, or recommendation for a
particular course of action regarding your health and is not intended to
provide specific medical advice. It remains your responsibility to evaluate
the accuracy, completeness, and usefulness of all RealAge Content.
RealAge is not engaged in rendering medical or professional services. The
RealAge Content is not a substitute for the diagnosis and advice of your
health care professional and the RealAge Content must not be used in place
of such diagnosis and advice. Do not delay seeking the diagnosis and advice
of your health care professional because of anything you may have read or
interpreted in the RealAge Content. Consult your health care professional
before practicing any recommendations or acting on any RealAge Content. The
RealAge Content is not to be interpreted as advocating the self-management
of your medical condition(s) or those of your family.
YOU ACKNOWLEDGE THAT REALAGE IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, AND
THAT ALL DECISIONS MADE USING THE REALAGE CONTENT WILL BE THE EXCLUSIVE
RESPONSIBILITY OF YOU AND YOUR PHYSICIAN. REALAGE, INC., EXPRESSLY DISCLAIMS
ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES
RESULTING FROM YOUR RELIANCE ON THE REALAGE CONTENT. You agree, at your
expense, to indemnify and hold RealAge harmless from any and all losses,
liabilities, or damages resulting from any and all claims, causes of action,
suits, proceedings, or demands against RealAge arising from or related to
decisions or recommendations you make using the RealAge Content.
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. REALAGE EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE, TITLE, AND NONINFRINGEMENT WITH RESPECT TO THE
SITE OR THE REALAGE CONTENT.
REALAGE MAKES NO WARRANTY THAT THE SERVICES PROVIDED ON THE SITE WILL MEET
YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; NOR DOES REALAGE MAKE ANY WARRANTY AS TO THE ACCURACY
OR RELIABILITY OF THE REALAGE CONTENT OR THAT DEFECTS IN THE SITE OR THE
REALAGE CONTENT WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
11. Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL REALAGE OR
ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, PARTNERS, AGENTS, ADVISORS,
OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF
REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH
PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF
SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE
REALAGE CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT,
TORT, WARRANTY, STATUTE, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF
THE SITE. The aggregate liability of RealAge to you for all claims arising
from or related to the Site or the RealAge Content is limited to the lesser
of the fees paid by you to RealAge for services provided on the Site or
fifty dollars ($50).
12. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations and disclaimers may not
apply to you. To the extent that we may not, as a matter of applicable law,
disclaim any implied warranty or limit its liabilities, the scope and
duration of such warranty and the extent of our liability shall be the
minimum permitted under such applicable law.
13. Indemnification
You agree to indemnify, defend, and hold harmless RealAge, and its partners,
employees, advisors, officers, directors, consultants, agents, and
affiliates from and against any and all third-party claims, liabilities,
damages, losses, costs, expenses, fees (including reasonable attorneys' fees
and court costs) that such parties may incur as a result of or arising from
(1) your Content and any information you submit, post, or transmit through
our Site; (2) your use of the Site or the RealAge Content; (3) your
violation of these Terms; (4) your violation of any rights of any other
person or entity; or (5) any viruses, Trojan horses, worms, time bombs,
cancelbots, spyware, or other similar harmful or deleterious programming
routines input by you into the Site.
14. Intellectual Property
RealAge grants to you a nonexclusive right and license to reproduce the
RealAge Content for your personal use only. Except for the limited license
granted to you in this Section 14, nothing contained on the Site, in the
RealAge Content, or in these Terms shall be construed to grant any
property rights, by license or otherwise, to any invention or any RealAge
patent, copyright, trademark, or other intellectual property rights.
Trademarks
RealAge®, Age Reduction®, Live Life to the Youngest®, Motivating Healthy
Behavior®, DogAge®, and CatAge® are trademarks of RealAge, Inc. All images, text,
custom graphics, button icons, the collection and compilation and assembly
thereof, and the overall look and distinctiveness of the Site constitute
trade dress and are the property of RealAge, Inc. Any use of such
trademarks, service marks, registered or pending, and/or trade dress without
the prior written consent of RealAge, Inc., is expressly forbidden. Any other
trademarks or service marks appearing anywhere on this site are the property
of their respective owners.
Copyright
The Site, the RealAge Content, and all images, text, databases, software,
code, sound, photos, custom graphics, button icons, the collection and
compilation and assembly thereof, and the overall look and distinctiveness
of the Site are the exclusive property of RealAge, Inc., and its licensors
and are protected by U.S. and international copyright laws. The RealAge
Content and any other content on the Site may be used for informational
purposes only. Any other use of the RealAge Content or such other content
on the Site without the prior written consent of RealAge, Inc., is expressly
forbidden. The reproduction, distribution, transmission, sale, transfer,
creation of derivative works, modification, public display, public
performance, publication, or any commercial exploitation of the content of
the Site or the RealAge Content is expressly prohibited without the prior
written consent of RealAge.
Copyright Infringement
In accordance with the provisions of the Digital Millennium Copyright Act,
17 USC sec. 512, our Site has designated an agent to receive notices of claims
of copyright infringement:
Copyright Officer
RealAge, Inc.
10675 Sorrento Valley Road, Suite 200
San Diego, CA 92121
(858) 812-3800
DMCA@RealAge.com
We reserve the right to terminate access to our sites of any user who infringes
the proprietary rights of any third party.
Patents
RealAge technology and systems are protected under the following U.S. patents:
Pat. No. 5,937,387, Pat. No. 5,574,828, and Pat. No. 6,269,339. You may not make, have
made, use, sell, offer for sale, or import any invention protected by a
RealAge patent without RealAge’s prior written consent.
15. Dispute Resolution
Any claim, dispute, or controversy arising out of the Terms, the services
provided on the Site, or the RealAge Content ("Claims") shall be resolved by
final and binding arbitration before a single arbitrator ("Arbitrator")
selected from and administered by the American Arbitration Association in
accordance with its applicable rules. The arbitration hearing shall be held
in San Diego, California. The prevailing party shall be entitled to
reimbursement from the other party of its reasonable attorney's fees, costs,
and disbursements arising out of the arbitration. Either you or RealAge may
seek interim or preliminary injunctive relief from a court of competent
jurisdiction in San Diego, California, as necessary to protect the rights or
property of you or RealAge pending the completion of any arbitration
proceeding.
16. General
The Terms constitute the entire and exclusive and final statement of the
agreement between you and RealAge with respect to the subject matter
hereof, and govern your use of the Site, superseding any prior agreements
or negotiations between you and RealAge with respect to the subject matter
hereof. The Terms and the relationship between you and RealAge shall be
governed by the laws of the State of California, without giving effect to
any choice of laws or principles that would require the application of the
laws of a different country or state.
RealAge’s failure to exercise or enforce any right or provision of the Terms
shall not constitute a waiver of such right or provision. If any provision
of the Terms is found to be invalid by either a court of competent
jurisdiction or the Arbitrator, you and RealAge nevertheless agree that the
court or the Arbitrator should endeavor to give effect to your and RealAge’s
intentions as reflected in the provision, and that the other provisions of
the Terms remain in full force and effect. You agree that, regardless of any
statute or law to the contrary, any claim or cause of action arising out of
or related to use of the Services or the Terms must be filed within one (1)
year after such claim or cause of action arose or be forever barred. The
section titles in the Terms are for convenience only and have no legal or
contractual effect. Sections 5 through 16 shall survive any expiration or
termination of the Terms.
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