Legal Statement
Welcome to the Center for Aging Services Technologies (CAST) Clearinghouse (the
“Clearinghouse”).
The Clearinghouse is intended for the exchange among participants, of
good-faith, non-competitive commentary, discussion and quality information
relevant to technology for the senior housing and aging services fields. The
Clearinghouse is provided solely as a service for Clearinghouse participants.
The American Association of Homes and Services for the Aging (AAHSA) and CAST
have established the following Terms and Conditions ("Terms of Use") for the
Clearinghouse.
By posting to the Clearinghouse, you agree to abide by the following Terms of
Use, which AAHSA and CAST reserve the right to change from time to time without
prior notice.
Terms of Use
Participants should exercise care when posting to the Clearinghouse, as such
communications are subject to all federal and state laws, including those
related to libel, slander, antitrust, trademark, copyright, patent and unfair
competition. A participant’s name, company name and e-mail address are required
in order to post to the Clearinghouse. The focus of the Clearinghouse is
education and discussion of the functionality and participants’ experience with
specific products or services. It should not be used as a vehicle for marketing
any such products or services.
No participant shall use the Clearinghouse to:
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Recruit employees.
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Post anything that the participant would not want the world to see or that the
participant would not want anyone to know came from the participant.
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Lobby for legislation or post "calls to action" asking participants to take
action with respect to legislation.
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Post messages that encourage or facilitate an agreement among participants
about prices, including discounts or terms or conditions of sale; salaries;
profits or profit margins; costs; market share, sales territories, or markets;
allocation of customers or territories; or selection, rejection, or termination
of customers or suppliers.
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Upload, post, email, transmit or otherwise make available any content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable.
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Harm minors in any way.
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Impersonate any person or entity or falsely state or otherwise misrepresent the
participant’s affiliation with a person or entity.
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Forge headers or otherwise manipulate identifiers in order to disguise the
origin of any content transmitted through the Clearinghouse.
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Upload, post, email, transmit or otherwise make available any content that the
participant does not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements).
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Upload, post, email, transmit or otherwise make available any content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party.
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Upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation.
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Upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment.
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Intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law.
Participant Warranties and Representations
By posting to the Clearinghouse, the participant warrants and represents that,
with respect to any materials accompanying the participant’s post, (a) the
participant owns the copyright with respect to such materials, (b) the
participant has permission from the copyright owner to use and publish such
materials, (c) the use of such materials by the participant constitutes a "fair
use" of copyrighted material, or (d) the materials are in the public domain. In
addition, the participant grants AAHSA and CAST the non-exclusive right and license to display, copy, publish,
distribute, transmit, print and use such materials. Any other parties must obtain written permission from the submitter or from AAHSA or CAST to copy, reproduce or use material on the website including the discussion boards.
Disclaimer of Warranties; Other Disclaimers
All materials, information, products and services included in or available
through the Clearinghouse are provided "as is." To the fullest extent permitted
by applicable law, AAHSA and CAST accept no responsibility for the opinions and
information communicated by others via the Clearinghouse. All communications
through the Clearinghouse, whether posted or sent by AAHSA, CAST or any third
party, are provided without warranties of any kind, either express or implied,
including, but not limited to, use for a particular purpose or
non-infringement. Neither AAHSA nor CAST has examined, reviewed or tested any
product, device, service or information discussed in the Clearinghouse and
makes no endorsement as to the same. AAHSA and CAST do not warrant that (a) the
content is accurate, reliable or correct, (b) the Clearinghouse will be
available at any particular time or location, or (c) any defects in the
Clearinghouse or errors in the content will be corrected.
Participants’ use of the Clearinghouse is at their sole risk.
Neither AAHSA nor CAST assumes responsibility for computer systems, hardware,
software or program malfunctions, computer viruses or worms, or other errors,
failures, omissions, interruptions, deletions, delayed computer transactions or
network connections resulting from or related to the use of the Clearinghouse.
Limitation of Liability
To the fullest extent permitted by applicable law, neither AAHSA nor CAST shall
be liable for any direct, indirect, punitive, incidental, special,
consequential or any other damages whatsoever resulting from the content or use
of, or inability to use, the Clearinghouse. This limitation applies to any
alleged liability based on any legal theory including, but not limited to,
contract, tort, negligence or strict liability, even if either or both of AAHSA
and CAST have been advised of the possibility of such damage. Some U.S. states
and foreign countries provide rights in addition to those above or do not allow
the exclusion or limitation of implied warranties or liability for incidental
or consequential damages. Therefore, the above limitations may not apply to the
participant, or there may be state provisions that supersede the above. Any
clause of this Disclaimer declared invalid by the appropriate authority shall
be deemed severable and shall not affect the validity or enforceability of the
remainder.
Right to Prescreen or Remove Content, Terminate Access to the Clearinghouse
AAHSA and CAST reserve the right, but are not obligated, in their sole
discretion, to (a) pre-screen content for compliance with the Terms of Use, (b)
remove or edit content from the Clearinghouse that does not comply with the
Terms of Use, or (c) terminate or limit access to all or part of the
Clearinghouse, with or without notice, for any reason including, but not
limited to, failure by a participant to abide by the Terms of Use or other
applicable policies or law.
Technical Problems with the Clearinghouse
To report problems or ask questions concerning the Clearinghouse, please contact
the CAST webmaster.
Ownership Rights
The works of authorship contained in this World Wide Web Site in the domains
"www.agingtech.org" and "www.agingtech.com" (the "Site"), including but not
limited to, all design, text and images are owned, except as otherwise
expressly stated, by AAHSA.
© 2004 American Association of Homes and Services for the Aging. All Rights
Reserved.
"CAST Clearinghouse" and CAST" are service/trademarks of the American
Association of Homes and Services for the Aging.
Featured logos are service/trademarks of their respective owners.
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