TERMS OF USE/PRIVACY POLICIES
TERMS OF USE AGREEMENT
This site is owned or managed by Better Times After 50.
Better Times After 50 provides this website and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using this Better Times After 50 Website. Your use of this Better Times After 50 Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Better Times After 50 Website. This Agreement sets forth Better Times After 50’s policies with respect to its operation of the Better Times After 50 Website.
YOU MAY NOT USE BETTER TIMES AFTER 50’S WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE BETTER TIMES AFTER 50 WEBSITE MAY BE TERMINATED IMMEDIATELY IN BETTER TIMES AFTER 50’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT, OR FOR ANY OTHER REASON, OR NO REASON.
Changes to this Agreement
Better Times After 50 reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement at any time. Better Times After 50 will provide notice of such change on this website. Please review this Agreement periodically for changes. Your continued use of the Better Times After 50 Website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this website.
Privacy and Protection of Personal Information
Better Times After 50 has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this Statement below, under the heading of "Privacy Statement."
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. BETTER TIMES AFTER 50 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BETTER TIMES AFTER 50 DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. BETTER TIMES AFTER 50 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. CLEAR CHANNEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
BETTER TIMES AFTER 50 IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Links
This website may contain links to websites operated by third parties. Better Times After 50 does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Better Times After 50’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.
Software And Downloads Available Through This Website
Any software that is made available to view and/ or download in connection with a Better Times After 50 Internet Service (“Software”), including podcasts, audio streaming, or video streaming, is owned or controlled by Better Times After 50 and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Better Times After 50 accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
Third-Party Merchants
This wWebsite may enable you to order and receive products, information and services from businesses that are not owned or operated by Better Times After 50. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Better Times After 50 does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Better Times After 50 will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.
Modification/Termination by Better Times After 50
Better Times After 50 reserves the right, in its sole discretion, to modify, suspend, or terminate this website and/or any portion thereof, at any time for any reason with or without notice to you.
Real Simple Syndication (“RSS”) Services
Better Times After 50 RSS service may offer feeds of headlines and other content (“RSS Content”) to our Website visitors who use RSS aggregators. Better Times After 50 offers RSS service to individuals for private, non-commercial use. Any other use, including charging others a fee to view or the incorporation of advertising into or the placement of advertising associated with the RSS Content, is prohibited. Better Times After 50 may discontinue the offering of RSS service at any time for any reason. Better Times After 50 assumes no liability arising from or relating to your use of RSS service.
Better Times After 50 RSS service may be used only on a platform from which a functional link is made available that takes the user directly to the display of the full article on the host website. Any display of Better Times After 50 RSS feed or Content must incorporate an attribution to the host Better Times After 50 Website. You may not modify, edit or otherwise alter the RSS Content.
Better Times After 50 retains all title, ownership rights and intellectual property rights in and to the RSS Content. Better Times After 50 grants you a non-exclusive license to use the RSS service subject to these Terms of Use.
Limitations on Liability
In no event shall Better Times After 50, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Better Times After 50 Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Better Times After 50 Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Better Times After 50 Website or any information, software, products, services, and related graphics obtained through the Clear Channel Website; (vi) any transactions entered into through this website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the website. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Better Times After 50 has been advised of the possibility of damages.
Indemnification
You agree to indemnify, defend, and hold harmless Better Times After 50, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this website and any related Better Times After 50 Internet Service and/or software. Better Times After 50 reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Better Times After 50 in asserting any available defenses.
International Use/U.S. Export Controls
Accessing materials on this website by certain persons in certain countries may not be lawful, and Better Times After 50 makes no representation that materials on this website are appropriate or available for use in locations outside the United States. If you choose to access this website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this website. No software or any other materials associated with this website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders.
You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from this website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
PRIVACY STATEMENT
This statement informs you of Better Times After 50's practices with respect to the online collection, use, and disclosure of personal information from this website. Personal information is information that allows us to contact you (such as email address, home address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your visit to our site by providing you with information that suits your interests.
Better Times After 50 is the owner of this website and retains all ownership rights to the information collected at this site. Better Times After 50 reserves the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to check back from time to time.
Personalization
Although you may use many features of this site without completing a registration or sign-up form, visitors who do register and/or sign up for special services may have access to additional features of the site and are more likely to receive information suited to their interests. Our registration and special services sign-up forms may ask you for contact information (like name or email address) and demographic information (like zip code or age). You must provide the information in order to receive the benefits of registration or of the special service.
We may use the contact information you give us to better tailor your website experience to your interests, and to send you information about Better Times After 50 and its services as well as promotional material on behalf of some of our partners. We use other information that you provide to us to show you content in which you may be interested and to display the content according to your preferences.
Online Surveys/Contests
From time to time, we may conduct online surveys and contests. These ask you for contact information (like name or email address) and demographic information (like zip code or age). We may use this contact information from our surveys and contests to provide you with information about our company and promotional material on behalf of some of our partners, and to contact you when necessary.
Supplemental Information
To enhance Better Times After 50's ability to tailor this site to your preferences, we may combine information that you provide us on registration and other online sign-up forms with other information about you that we may obtain. We do not share that information with any other party.
Public Forums
This site may make available chat rooms, blogs, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
Information Sharing With Third Parties
From time to time we may enter into a special relationship with another company that is not owned by Better Times After 50 to provide additional features at this site. These special relationships may include “powered by” partners, business partners, sponsors, and co-branded sites (referred to here as “co-branded pages”). These might include, for example, pages that share our name and that of another entity. You should look for a specific privacy statement on any such co-branded page. Any personal information that you provide when signing up at one of those co-branded pages may be shared with our third party partner. You should also check our partner’s website for information regarding its privacy policies.
Also, the nature of some features of our site may require that we share personal information about you with persons or companies outside of the Better Times After 50 family. For example, this may occur at a feature that enables you, via our site, to ask questions of persons or entities that are not part of the Better Times After 50 family. By responding to those features of the site, whether by email or direct entry of information on our Website, you are consenting to our transferring that information to such persons or entities.
With respect to specific registration modules, like contests, we may disclose personal information collected, and we will post a conspicuous statement on the registration module to the effect that we will be disclosing the information collected with third parties.
Finally, we may share any of the information collected from you with these other non- Better Times After 50 companies in an aggregate basis. The aggregated information is not linked to any information that can identify you.
IP Address and Log Files
We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.
Cookies
This site may use a standard technology called a “cookie” to collect information about how you use the site. Cookies reside on your computer and help our website to recognize your computer's browser as a previous visitor. This information allows us to customize delivery of information. For example, our site may use cookies to save and remember registration information or preferences that you may have set while browsing the site, to keep track of your shopping cart, to ensure you don't see the same ad content repeatedly, to deliver content specific to your interests, and to save your password so you don't have to re-enter it each time you visit our site. We use cookies only to gather information as indicated in this policy.
Finally, we may also use an ad network provider to help present advertisements on this web site. This ad network provider, like other advertising service vendors, uses cookies, web beacons, or similar technologies on the hard drive of your computer to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, and to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, the provider collects non-personal data such as your browser type, your operating system, Web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of cookies, web beacons, or similar technologies by these ad network providers is subject to their own privacy policies, not ours.
Sale or Merger
If this site is sold to, or merges with, another company not owned by Better Times After 50, you should expect that some or all of the information collected from this website may be transferred to the buyer/surviving company. If so, Better Times After 50 will seek to obligate the acquiring company to use any personal information transferred by this site in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.
Legal Process
You should be aware that Better Times After 50 may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.
General Information
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree to submit to the personal jurisdiction of the courts of the State of California for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Better Times After 50 with respect to the use of this website and shall not be modified except in writing, signed by an authorized representative of Better Times After 50.
If you have any questions concerning this Agreement, you may send them by email to bettertimesafter50@hotmail.com.
European Union and Other Foreign Nations
This website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. Better Times After 50 makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge the this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.
COPYRIGHT & TRADEMARK NOTICE
Use of Intellectual Property
The Better Times After 50 Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Better Times After 50 logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Better Times After 50 or by other parties that have provided rights thereto to Better Times After 50.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Better Times After 50 Website, in whole or in part, without the express written permission of Better Times After 50.
Other trademarks, service marks, product names and company names or logos appearing on this website that are not owned by Better Times After 50 may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this website, or frame this Better Times After 50 Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Better Times After 50 Website in an email for commercial purposes, without the express written permission of Clear Channel.
You may inquire about obtaining permission by emailing: bettertimesafter50@hotmail.com.
Copyright Infringement
Better Times After 50 respects the intellectual property rights of third parties. By submitting any material or photographs through this website, you are granting permission to have this material posted on this website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Better Times After 50 reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Better Times After 50 may have under law or contract.
Effective Date: September 18, 2009
