Terms of Use

TERMS AND CONDITIONS OF USE OF Center for Youthful Aging WEBSITES

By accessing or using any of the Center for Youthful Aging (“Center for Youthful Aging”) Internet properties including, without limitation, centerforyouthfulaging.com, and any others released by the Center for Youthful Aging from time to time (collectively referred to as the “Center for Youthful Aging websites”) you agree to comply with and be bound by these Terms of Use. Please read these Terms of Use carefully as well as the Center for Youthful Aging’s Privacy Policy and Code of Conduct, which are incorporated by this reference. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate your use of the Center for Youthful Aging websites.

License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Center for Youthful Aging websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the Center for Youthful Aging websites and the Center for Youthful Aging Content (as defined below) for your noncommercial personal use and for no other purpose. Center for Youthful Aging reserves the right to bar, restrict or suspend any user’s access to the Center for Youthful Aging websites, and/or to terminate this license at any time for any reason. Center for Youthful Aging reserves any rights not explicitly granted in these Terms of Use.

License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive the Center for Youthful Aging’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Center for Youthful Aging websites, any Center for Youthful Aging Content (as defined below), or any portion thereof. Further, you may not (i) use the Center for Youthful Aging websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Center for Youthful Aging websites, including Center for Youthful Aging Content; (ii) interfere with the proper working of the Center for Youthful Aging websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Center for Youthful Aging websites.
Your Acceptance; Revisions to Terms of Use. The Center for Youthful Aging websites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and Center for Youthful Aging regarding your use and access to the Center for Youthful Aging websites. By using the Center for Youthful Aging websites you agree to the Terms of Use.

The Center for Youthful Aging reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Center for Youthful Aging websites. Your use of the Center for Youthful Aging websites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Center for Youthful Aging websites. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 23, shall apply to a controversy or claim of which the Center for Youthful Aging had actual notice on or before the date of any such revision.

Additional Terms and Conditions. The Center for Youthful Aging’s Privacy Policy, as well as additional terms and conditions applicable to certain portions of the Center for Youthful Aging websites (collectively “Additional Terms and Conditions”) are incorporated by this reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.
Click-Through Agreements. Before using certain areas of the Center for Youthful Aging websites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click Through Agreement will govern.

Privacy Policy. For information about the Center for Youthful Aging’s data protection practices and the Center for Youthful Aging’s use and protection of your personal information, please read the Center for Youthful Aging’s Privacy Policywhich is incorporated into and made a part of these Terms of Use.

User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the Center for Youthful Aging websites and not interfere with the use and enjoyment of Center for Youthful Aging websites by other users or with Center for Youthful Aging’s operation and management of the Center for Youthful Aging websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Center for Youthful Aging websites, including, without limitation, information required to be provided through an Center for Youthful Aging registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, the Center for Youthful Aging reserves the right to terminate your access and use of the Center for Youthful Aging websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Center for Youthful Aging websites, or defame or otherwise harm any party, including Center for Youthful Aging, through your use of the Center for Youthful Aging websites.

Proprietary Rights. The content of the Center for Youthful Aging websites includes, without limitation, (i) Center for Youthful Aging’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Center for Youthful Aging Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through Center for Youthful Aging websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “Center for Youthful Aging Content”). Center for Youthful Aging Content is the property of the Center for Youthful Aging, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Center for Youthful Aging Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from Center for Youthful Aging or the owner of such content if Center for Youthful Aging is not the owner. Any use of Center for Youthful Aging Marks without the Center for Youthful Aging’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Center for Youthful Aging Content, including any such notices appearing on any Center for Youthful Aging Content you are permitted to download, transmit, display, print, or reproduce from the Center for Youthful Aging websites.
Responsibility for Use of the Internet and Center for Youthful Aging websites. Use of the Internet and the Center for Youthful Aging websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. Center for Youthful Aging does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Center for Youthful Aging websites over the Internet or other communication network. Center for Youthful Aging shall not be obligated to correct or update Center for Youthful Aging websites, the Center for Youthful Aging Content and Center for Youthful Aging shall not be liable for omissions, typographical errors, or out-of-date information which may appear on Center for Youthful Aging websites.
Medical Disclaimer. The Center for Youthful Aging Content is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician.

Patient Information. The Center for Youthful Aging websites, including any public forums which you may access via the Center for Youthful Aging websites, may contain confidential patient information (“Patient Information”). State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Patient Information, including transmitting Patient Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of Patient Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.

Third Party Information. Center for Youthful Aging websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, or other information made available by third parties such as content providers and other users of Center for Youthful Aging websites are those of the respective third party and not of Center for Youthful Aging or its affiliates. Center for Youthful Aging makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
Advertisers. Center for Youthful Aging websites may contain advertisements of third parties. The inclusion of advertisements on Center for Youthful Aging websites does not imply endorsement of the advertised products or services by Center for Youthful Aging. Center for Youthful Aging shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on Center for Youthful Aging websites. Further, Center for Youthful Aging shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on Center for Youthful Aging websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.

Links to Third Party websites. Center for Youthful Aging websites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which Center for Youthful Aging exercises no control. The appearance of any such third party links (provided by the Center for Youthful Aging or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Center for Youthful Aging websites, you do so entirely at your own risk.

Links to Center for Youthful Aging websites and Center for Youthful Aging Content. Links posted by third parties to Center for Youthful Aging websites and/or Center for Youthful Aging Content may not use the Center for Youthful Aging trademark or logo and shall not suggest that the Center for Youthful Aging promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the Center for Youthful Aging websites shall be the responsibility of the linking party. Center for Youthful Aging reserves the right to require any linking party to disable or remove any link that violates the Center for Youthful Aging’s rights or causes interruption or deterioration of Center for Youthful Aging Content.

Warranties Disclaimed. Center for Youthful Aging WEBSITES AND Center for Youthful Aging CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER Center for Youthful Aging, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “Center for Youthful Aging PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) Center for Youthful Aging WEBSITES OR Center for Youthful Aging CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO Center for Youthful Aging WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Center for Youthful Aging WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) Center for Youthful Aging CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE Center for Youthful Aging WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Exclusions permitted by law. SOME JURISDICTIONS (BUT NOT NEW JERSEY) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND Center for Youthful Aging’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless Center for Youthful Aging Parties from and against all claims arising from or in any way related to your use of Center for Youthful Aging websites and/or Center for Youthful Aging Content, a violation by you of these Terms of Use, or any other actions connected with your use of Center for Youthful Aging websites and/or Center for Youthful Aging Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. Center for Youthful Aging will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to Center for Youthful Aging Parties other than under this Section.
Term and Termination. These Terms of Use will take effect at the time you begin using Center for Youthful Aging websites. Center for Youthful Aging reserves the right, with or without notice, at any time and for any reason to deny you access to Center for Youthful Aging websites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with or violate them. You may terminate these Terms of Use at any time by ceasing to use Center for Youthful Aging websites, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of Center for Youthful Aging websites, including any Center for Youthful Aging Content, in your possession.
Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these i) Terms of Use, ii) Additional Terms and Conditions, iii) Center for Youthful Aging websites, and iv) any products and services accessed or purchased through the Center for Youthful Aging websites shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought, in any arbitration or other legal proceeding, solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Sarasota, Florida. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Florida and/or the United States District Court for the Middle District of Florida shall have exclusive jurisdiction and venue over (a) any action concerning the enforcement of an arbitration award, or (b) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING. Center for Youthful Aging reserves all rights and remedies available to it in law or equity.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Middle District of Florida or any State of Florida court located in Sarasota County, Florida.

Governing Law. These Terms of Use and all matters regarding your use of Center for Youthful Aging websites shall be governed by, construed in accordance with, and enforced under the laws of the State of Florida applicable to contracts made and executed and wholly performed in the State of Florida, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods applies and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
Waiver and Severability. The failure of Center for Youthful Aging to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms and Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and Center for Youthful Aging relating to Center for Youthful Aging websites and its use by you, and supersedes any previous written or oral communication regarding use of Center for Youthful Aging websites.

Contact Information. If you have any questions or concerns regarding these Terms of Use or Center for Youthful Aging websites, please contact us at 941-366-2194.

Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of Center for Youthful Aging websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Use of Center for Youthful Aging websites and Center for Youthful Aging Content outside of the United States. Center for Youthful Aging makes no claims regarding access or use of Center for Youthful Aging websites or the Center for Youthful Aging Content outside of the United States. If you use or access Center for Youthful Aging websites or the Center for Youthful Aging Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of those governing jurisdictions in addition to these Terms of Use.

Revised November 2020