Terms & Conditions
APPLICATION FOR USE, TERMS OF AGREEMENT, AND WAIVER OF LIABILITY
I hereby apply for rights to become a member of the linkAges Community ("Community"), and agree to all of the terms and conditions contained in this Agreement and the terms of the linkAges Community Member Handbook, a copy of which has been provided to me, (collectively, the "Terms").
By accepting the Terms, you are acknowledging that you understand and agree to the following:
- Community brings together people in the community ("Community Members" or "Members") to provide and receive neighborly services from one another. My use of Community services are at my sole risk.
- The services I receive through Community ("Services") come with no guarantees, expressed or implied, and Community makes no guarantees that the Services will match or meet my needs.
- The Services and/or goods that I receive through Community are not reviewed, assessed, evaluated, recommended or guaranteed by Community.
- I have the sole right and responsibility to determine whether and when to accept Services and/or goods offered through Community.
- Community is part of linkAges, a system whose purpose is to activate community for successful aging. linkAges is made available as a community benefit by Palo Alto Medical Foundation (PAMF).
- Community is not an agent of PAMF, nor is Community an agent of any Community Member, other party or person.
Agreement between Community Members / PAMF Disclaimer
Any agreement for Services shall be made solely by and between two or more Community Members that are involved in a Community service exchange ("transaction").
Neither Community staff, Community Advisory Council, Druker Center staff, nor PAMF will be held responsible or assume any liability for any claims, damages or any other occurrences which may arise from provision or receipt of Services through the Community.
I understand that receipt of Time Dollars (TD$) in exchange for Services provided are not guaranteed beyond the individual good faith of the Member who received the Services.
Assumption of Risk
I understand and agree that, although PAMF conducts a limited criminal background check on Community Members, PAMF does not and cannot control, endorse, or guarantee the quality or character of any Community Member. I agree that PAMF is not responsible for the actions of any Community Member and that I may use and participate in the Community at my own risk. I understand and agree that I assume all risk and obligation for relying upon the quality, accuracy, reliability, honesty, and trustworthiness of other Community Members.
Services on a Voluntary / Non-monetary Basis
All Services that I give or receive as a Member are on a voluntary basis. I agree not to request, nor will I expect to receive or give any money for any Services, except for related material fees (e.g. ingredients, woodworking supplies, etc.) that have been agreed upon in advance by service recipient(s). I agree that I will not imply that my Services are in any way sponsored or endorsed by PAMF. I agree that I will not use Community to violate any applicable law, or to threaten, stalk, harm, harass others, or to discriminate against anyone based on any status protected by law.
18 Years or Older
I represent and warrant that I am 18 years or older and have the required power and authority to enter into these Terms and Conditions, and that I will not allow anyone under the age of 18 to participate in the provision or receipt of Community Services that conflicts with policies outlined in the linkAges Community Member Handbook.
No Medical Advice or Care
I understand that no clinical personnel of PAMF will be monitoring the content of the Community, and I agree that I will not use Community to communicate, seek or provide any type of professional medical care, advice or information.
No Substitution for Licensed Professional Services.
I understand and agree that I will not use Community to seek or provide Services that should be performed by a licensed professional.
I acknowledge that a copy of the notices of Privacy Practices for the linkAges and linkAges Community system ("Privacy Practices") have been made available to me in Privacy Practices and that these Privacy Practices govern my access to and use of the linkAges and linkAges Community systems.
I confirm that I have read and agree to these Privacy Practices including the following terms:
- By using the linkAges and linkAges Community Services, I consent to the collection, transfer, processing, storage, disclosure and other uses described in the Privacy Practices.
- The Privacy Practices may be updated from time to time, and all changes to the Privacy Practices will be posted on the linkAges and linkAges Community websites, which I will consult on a regular basis in order to remain current with the policies.
- I acknowledge and understand that in order to foster community and to offer Services to other Members and request Services from other Members that certain information that I provide will be made available to other Members.
- I understand that the impact and effectiveness of the linkAges system in general, and the linkAges Community in particular, will be evaluated in order to improve the functionality and Services provided by linkAges and the linkAges Community. I agree that the information I provide during my use of the linkAges system and linkAges Community can be used for evaluation purposes, and that my information may be published to the public, as long as my identity remains anonymous where I cannot be personally identified, in any analyses or reports that are made available to the public.
I agree that in using the linkAges and linkAges Community Services that I will comply with the Code of Ethics laid out in the linkAges Community Member Handbook and in addition I will not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the linkAges and linkAges Community Services, linkAges and linkAges Community's name, any linkAges and linkAges Community trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without linkAges and linkAges Community's express written consent;
- Access, tamper with, or use non-public areas of the Site, linkAges and the linkAges Community's computer systems, or the technical delivery systems of linkAges and linkAges Community's providers;
- Attempt to probe, scan, or test the vulnerability of any linkAges and linkAges Community system or network, or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by linkAges and linkAges Community, any linkAges and linkAges Community providers, or any other third party (including another user) to protect the Site, linkAges and linkAges Community Services, or Collective Content;
- Attempt to access or search the Site, linkAges and linkAges Community Services, or Collective Content, or download Collective Content from any linkAges and linkAges Community Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by linkAges and the linkAges Community or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a linkAges and linkAges Community trademark, logo URL or product name without linkAges and linkAges Community's express written consent;
- Use the Site, linkAges and linkAges Community Services, or Collective Content for any commercial purpose, for the benefit of any third party, or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, linkAges and linkAges Community Services or Collective Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, linkAges and linkAges Community, Services or Collective Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, or linkAges and linkAges Community Services;
- Collect or store any personally identifiable information from the linkAges and linkAges Community Services from other users of the linkAges and linkAges Community Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing.
Compliance with Terms
I acknowledge that before I make use of Community Service, I am required participate in a Community orientation session, and I confirm that I have read, understand and accept the Terms and Conditions, policies, procedures as stated in the linkAges Community Member Handbook. I agree to abide by the Code of Ethics stated in the Member Handbook as well as follow other guidelines required by Community. I understand that failure to abide by policies outlined in the Terms and Conditions are cause for termination of my continued membership and use of the Community, and that I will forfeit any TD$ that I may have accrued for services provided upon such termination.
I understand that if I use my personal automobile in the course of my service for Community, I have and will maintain a current driver's license, and I will keep in effect automobile insurance of an amount equal to the minimum limit required by law.
Prior to accepting a ride in another Member's automobile I understand that I assume sole responsibility for validating that the Member holds a current and valid driver's license, vehicle registration, and proof of minimum liability insurance for private passenger vehicles (as specified in the California Insurance Code 11580.1b).
Membership, Member Fee and Background Check
I agree to submit to a criminal background check, and I understand that only when this process is successfully completed will I be eligible to become a Member. I acknowledge that Community may, at its sole discretion, reject my application for Membership or terminate my Membership without explanation.
Modification of the Community
I understand that Community may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. In the event that Community is permanently discontinued, I understand that all TD$ that I have accrued will expire.
I agree to indemnify, defend, and hold PAMF, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "PAMF Entities") harmless from any claim, demand, made by any third party, including PAMF's costs, liabilities and legal fees, arising out of or relating to (i) my access to or use of the Community, (ii) my violation of the Terms, (iii) any products or services purchased or obtained by me in connection with the Community, or (iv) my infringement, or any third party using my account, of any intellectual property or other right of any person or entity. PAMF reserves the right, at my expense, to assume the exclusive defense and control of any matter for which I am required to indemnify PAMF Entities and I agree to cooperate with the defense of these claims. I agree not to settle any matter without the prior written consent of PAMF.
Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF PAMF AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "PAMF ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS I MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
COMMUNITY IS MADE AVAILABLE TO ME ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", BASIS. MY USE OF COMMUNITY IS AT MY OWN DISCRETION AND RISK. THE PAMF ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF COMMUNITY, ITS SAFETY OR SECURITY, OR COMMUNITY CONTENT. ACCORDINGLY, THE PAMF ENTITIES ARE NOT LIABLE TO ME FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM MY RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, OR REVIEWS.
THE PAMF ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE MEMBERS OF COMMUNITY. ACCORDINGLY, THE PAMF ENTITIES ARE NOT LIABLE TO ME FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF I HAVE A NEGATIVE EXPERIENCE WITH ONE OF COMMUNITY MEMBERS, OR ONE OF THE MEMBERS DAMAGES MY PERSON OR PROPERTY. MY USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH COMMUNITY IS AT MY OWN AND SOLE DISCRETION AND RISK.
THE PAMF ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY COMMUNITY MEMBERS, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO ME BY A REPRESENTATIVE OF ONE OF THE PAMF ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
MY SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH COMMUNITY, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE MY TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF COMMUNITY.
THE PAMF ENTITIES' MAXIMUM AGGREGATE LIABILITY TO ME FOR LOSSES OR DAMAGES THAT I SUFFER IN CONNECTION WITH COMMUNITY OR THESE TERMS IS LIMITED TO $100.
THE PAMF ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
Choice of Law and Venue
California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between me and Community (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, I AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA.
Other Miscellaneous Terms
Any failure on Community's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
The Terms are not assignable, transferable or sublicensable by me except with Community's prior written consent, but may be assigned or transferred by Community without restriction. Any assignment attempted to be made in violation of the Terms shall be void.