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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:

  1. Recruit employees.
  2. 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.
  3. Lobby for legislation or post "calls to action" asking participants to take action with respect to legislation.
  4. 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.
  5. 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.
  6. Harm minors in any way.
  7. Impersonate any person or entity or falsely state or otherwise misrepresent the participant’s affiliation with a person or entity.
  8. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Clearinghouse.
  9. 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).
  10. 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.
  11. 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.
  12. 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.
  13. 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.


Copyright ©2004 Center for Aging Services Technologies  |  All Rights Reserved
CAST is a program of the American Association of Homes and Services for the Aging
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