Terms and Conditions

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.

By accessing and browsing any website (including, without limitation, mobile websites) on which these terms reside (collectively the “Site”), you accept, without limitation or qualification, the terms, conditions, policies and notices contained on this page (“Terms”).

Age in Place PT and its affiliates and subsidiaries (collectively, "AiPPT”) may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that esptclinic will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated. You further agree that esptclinic will not be liable for any modification or suspension of the Site.

This Site is offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Age in Place PT and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

1. Acceptance of Terms of Use.  Please read these Terms carefully before you start to use the Site.  AiPPT provides you with access to, and use of, the Site subject to all applicable laws and regulations and these Terms. By accessing or using the Site, you agree to be bound and abide by these Terms as well as our Privacy Policy, a copy of which may be found at [https://ageinplacept.com/privacy-policy], and which is incorporated herein by reference. If you do not accept and agree with the Terms and the Privacy Policy, please exit the Site. These Terms supersede any other agreements you may have with AiPPT regarding this subject matter.
2. Content Ownership. The content or other materials on the Site including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”) are owned and copyrighted by AiPPT and its licensors with all rights reserved. You have no right to use and shall not use the Content, except as provided in these Terms, without the prior written permission of AiPPT.

All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Site (the “Marks”) are either the trademarks or service marks (registered or unregistered) of AiPPT or its licensors unless otherwise stated herein. AiPPT and its licensors expressly reserve all intellectual property rights in all Content on the Site. You have no right to use and shall not use such Marks contained on the Site without prior written permission of AiPPT.

In its sole discretion, AiPPT or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the possibility of seeking criminal prosecution.

1. User Conduct. AiPPT maintains the Site for your personal entertainment, information, education, and communication only and grants you a limited license to use the Site and to download Content solely for noncommercial, personal use; provided, however, that you retain all copyright and other proprietary notices contained on the Content, that you do not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without the prior written permission of AiPPT, and that you do not download or use any images of people or places (“Images”) displayed on the Site for any purpose. The download or use of any such Images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the prior written authorization of AiPPT. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Tenamark. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
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If you wish to make any use of material on the site other than that set out in this Section, please address your request to scottpt@ageinplacept.com.

AiPPT

1. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the AiPPT or other countries).
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate AiPPT mark, an AiPPT employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by AiPPT, may harm AiPPT users of the Site or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

1. Content Submitted by Users. 

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Site.

All User Content must comply with the Content Standards set out in these Terms.

Any User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content on the Site, you grant AiPPT and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that:

• You own or control all rights in and to the User Content and have the right to grant the license granted above to AiPPT and our licensees, successors, and assigns.
• All of your User Content do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not AiPPT, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

AiPPT is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site.

AiPPT does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by AiPPT without the prior review and written approval of AiPPT.

You agree to indemnify and hold AIPPT, its parents, subsidiaries, officers, employees, agents, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to AiPPT or this Site.

1. Monitoring and Enforcement; Termination

AiPPT has the right to:

• Remove or refuse to post any User Content for any or no reason in our sole discretion.
• Take any action with respect to any User Content that AiPPT deems necessary or appropriate in our sole discretion, including if AiPPT believes that such User Content violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for AiPPT.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, AiPPT has the right to cooperate fully with any law enforcement authorities or court order requesting or directing AiPPT to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS AiPPT FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AiPPT DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER AiPPT OR LAW ENFORCEMENT AUTHORITIES.

However, AiPPT cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, AiPPT assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. AiPPT has no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

1. Content Standards

These content standards apply to any and all User Content and use of Interactive Services. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and AiPPT Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by AiPPT or any other person or entity, if this is not the case.

1. Copyright Complaints. AiPPT respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AiPPT designated agent with the following information. Please be advised that to be effective, your notice must include ALL of the following:
2. An electronic of physical signature of the person authorized to act on behalf of the owner of the copyright interest;
3. A description of the copyrighted work that you claim has been infringed;
4. The location on the Site of the material that you claim is infringing;
5. Your address, telephone number, and email address;
6. A statement that your claim of infringement is based on a good faith belief; and
7. A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

AiPPT designated agent for notice of claims of copyright infringement on the Site can be reached as follows:

Tenamark, LLC

C/O Brennan, Manna & Diamond, LLC

75 E. Market St.

Akron, Ohio  44308

Attn:  Jeana M. Singleton

Email:  jmsingleton@bmdllc.com

1. Linking to the Site and Social Media Features

You may link to AiPPT homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Site.
• Send emails or other communications with certain content, or links to certain content, on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
• You may use these features solely as they are provided by AiPPT, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions AiPPT provides with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with AiPPT in causing any unauthorized framing or linking immediately to stop. AiPPT reserves the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

1. Links to Third Party Sites. The Site may contain links to other Internet sites not under the ownership or editorial control of AiPPT. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by AiPPT of any products, services, advice or information available from such sites. AiPPT does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites and you hereby release AiPPT and its subsidiaries, affiliates, officers, directors and agents from any and all such responsibility or liability for the same. If you establish a link to such sites, you do so at your own risk and without the permission of Tenamark. Check the Uniform Resources Locator (“URL”) address provided in your Worldwide Web browser to see if you are still in a AiPPT Site or have moved to another third-party site.
2. EXCLUSION OF LIABILITY. NEITHER AiPPT NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY AiPPT SITE AND YOUR USE OF ANY AiPPT SITE IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY AiPPT SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. AiPPT DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT ANY AiPPT.

AiPPT IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, AiPPT IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

AiPPT’s TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID TO ACCESS THE SITE.

1. DISCLAIMER. THE CONTENT OF ANY AiPPT SITE IS PROVIDED “AS IS, AS AVAILABLE” AND AiPPT DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:
2. THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE;
3. THE CONTENT IS ERROR-FREE AND ACCURATE;
4. THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE;
5. DEFECTS WILL BE CORRECTED;
6. THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
7. SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE CONTENT;
8. THE CONTENT ON THIS SITE IS NON-INFRINGING; AND/OR
9. THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES.

IN ADDITION TO THE ABOVE, YOU (AND NOT AiPPT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR OTHER ITEMS NECESSARY TO USE THE SITE OR VIEW THE CONTENT.

EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW AiPPT  TO DISCLAIM OR EXCLUDE WARRANTIES, SO ONE OR MORE OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

1. Export Control. Software and other materials from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported in violation of any such laws. AiPPT does not authorize the exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export laws.
2. Revisions to the Terms. AiPPT may at any time, in its sole discretion and without notice, revise or modify these Terms or the Privacy Policy. You are bound by any such revisions and should periodically visit this Site to review the current Terms and Privacy Policy pages.
3. Health Related Information. Information accessible on this Site is for information only and is not intended to be a substitute for professional medical advice. AiPPT mark does not endorse or warrant the validity of any such health related statements contained on the Site or any such information contained in third party sites referenced in the Site. Information is general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
4. Binding Arbitration. You and AiPPT agree that all disputes, controversies and claims related to these Terms or your use of the Site (including the Privacy Policy) (each a “Claim”), shall be finally and exclusively resolved by confidential binding arbitration as described in this Section, which may be initiated by either party by sending a written notice requesting arbitration to the other party. The arbitration shall be conducted before one commercial arbitrator from JAMS, rather than by a court. The arbitration will be governed by the JAMS Streamlined Arbitration Rules & Procedures. Any election to arbitrate by one party shall be final and binding on the other.

YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

The arbitration may be conducted in Macedonia, Ohio or, upon the plaintiff’s request, in the city closest to plaintiff’s location where JAMS maintains an office, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties subject to these Terms and may be entered as a judgment in any court of competent jurisdiction.

Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of your or AiPPT intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; or (c) any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in an Ohio state or federal court, consistent with the “Choice of Law” clause in Section 18 below, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

1. Choice of Law. Any claim relating in any way to these Terms and your use of this Site is governed by the laws of the State of Ohio in the United States of America, without regard to its choice of law provisions. For any claims not subject to the terms of the Binding Arbitration clause in Section 17 above, the parties agree that jurisdiction and venue in any legal proceeding relating in any way to these Terms or this Site shall be in the state or federal courts located in Ohio.
2. Class Waiver. To the fullest extent permissible under applicable law, all Claims shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Claims shall be consolidated or joined with your Claims, whether through class arbitration proceedings or otherwise.

YOU AND AiPPT AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

1. General Terms. These Terms constitute the entire agreement between you and AiPPT and governs your use of any AiPPT Site. The failure of AiPPT to exercise or enforce any right or provision of these Terms shall not constitute a wavier of any such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid then such provision shall be eliminated from the Terms and the surviving terms shall remain in full force and effect. Any claims arising under these Terms must be brought within one (1) year after such claim or action or action arose or be forever barred.

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