Terms of Use

Welcome to the AGIS website (www.agis.com) and related web pages, applications and services ("Service"), provided by AGIS Network ("AGIS"). The Service is made available by AGIS to provide information and access to eldercare solutions and services, combining eldercare education with local support services to help people learn, adapt and embrace the changing quality of life. Through our resources we facilitate the exchange of relevant and timely information between consumers, employers, agencies and providers (collectively "you" or "users").

By using the Service or clicking on a button indicating your consent, you agree to these Terms of Use ("Terms") and the AGIS Privacy Policy. If you do not agree to these Terms, you must not use the Service. AGIS reserves the right, at its discretion, to modify these Terms at any time. Notification of changes to these Terms will be posted on the Service or sent via e-mail, and are immediately effective upon posting. Your continued use of the Service after such posting is your consent to be bound by the then-current Terms. Third parties that provide goods or services to AGIS may require users to agree to additional terms and conditions, including those provided at the bottom of this page.

Registration

You do not need to register at the Service to view the AGIS website. However, if you do register, you will be able to use features of the Service, including maintaining a personal web page, saving information searches, links, articles, and other information to your personal web page and public web pages of the Service, and to access certain portions of the AGIS website. You agree to provide true, accurate and complete information about yourself as prompted by the Service including during the registration process, provided that in connection with registration, you do not need to use your full or true name for your username. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness. By registering and providing your email address, you hereby consent to AGIS contacting you via email for any purpose related to the Service, including to contact you regarding any security breach of the Service (opt out details are provided in the Privacy Policy).

Protecting Your Password

You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password and that a failure to keep it secure will enable others to engage in transactions through the Service for which you will be legally responsible. If you suspect that someone may have obtained access to your password whom does not have authority to act on your behalf, you should change your password as instructed on the My Profile page.

License for Acceptable Use of Service

AGIS hereby grants you the right to access and use the Service only for the purposes of sharing information and opinions for non-commercial uses and for commercial use in accordance with these Terms. AGIS reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Service including for violation of any provision of these Terms. Any rights not expressly granted to you herein are reserved to AGIS. No portion of this Service is targeted to children under the age of 18 and no one under 18 is permitted to use the Services. AGIS supplies content to the Service, including but not limited to data, comments, suggestions, information, text, data, software, sounds, photographs, podcasts, webinars, logos, emails and newsletters sent by or through the Service, audio, audiovisual, video, images, graphics, articles, links, messages and other content or materials of any nature, associated technology and software, and the look and feel of the Service website (collectively "Content"). Unless you have received specific written permission from AGIS, you may not (a) frame or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, Content or Materials (as defined below) displayed on the Service or (b) alter or modify any Content on the Service. You also agree not to reproduce, transmit, sell, or otherwise exploit the Service and/or Content for any commercial purpose.

The Service may allow you to upload, post, and/or distribute materials, including but not limited to, information, questions, feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, podcasts, webinars, articles, links, logos, audio, video, images, graphics, messages and other content or materials of any nature ("Materials"), and use the Service, and view link, copy or download other's Materials on the Service, subject to the following conditions (as judged in AGIS's sole discretion):

1. You understand that all material you upload, post, and/or distribute Materials to any public portions of the Service website, are the sole responsibility of the person from which the Materials originated. You, and not AGIS, are entirely responsible for the Materials you transmit through the Service. You understand that by using the Service you may be exposed to Materials that are offensive, objectionable, indecent, or otherwise violate these Terms.
2. Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.
3. Unless provided herein or you receive prior written consent from AGIS, you shall not upload to, distribute through or otherwise publish through the Service any Materials that are commercial in nature or Materials that contain any solicitation of funds, promotion, advertising or solicitation for goods or services unrelated to the Service.
4. AGIS reserves the right, but is not obligated, to review and remove any Materials that in its sole discretion it deems violate the Terms or are otherwise objectionable. AGIS also reserves the right to suspend or terminate your account and access to the Service, if your activity or Materials breach any of the provisions of the Terms.
5. By posting, uploading or otherwise distributing your Materials through the Service, you explicitly consent that other users of the Service may post or forward such Materials to others who may or may not be users of AGIS and you grant to AGIS a irrevocable, sublicenseable, transferable, world-wide, non-exclusive, royalty free, license to your Materials for all purposes and uses, including without limitation, to use, copy, distribute, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such Material.
6. You agree that AGIS may establish practices and limits concerning the use of the Service. You agree that AGIS has no liability or responsibility for the storage or deletion of any Materials that you submit or post. AGIS reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.
7. By posting, uploading or otherwise distributing your Materials through the Service, you explicitly represent and warrant the content of your Materials, including without limitation, the accuracy, timeliness, appropriateness, truthfulness, and full disclosure related to the Materials and that the Materials are not misleading.
8. You also agree not to:
   1. "stalk" or otherwise harass anyone;
   2. upload to, distribute through, or otherwise publish through the Service any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
   3. not to post or distribute any Materials that constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement.
   4. post, upload or otherwise distribute any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission;
   5. collect personal data about other users for commercial or unlawful purposes;
   6. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, unless expressly permitted by AGIS;
   7. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   8. upload to, distribute through or otherwise publish through the Service any Materials which are indecent, libelous, defamatory, obscene, harmful of minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or in AGIS's sole discretion, are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law;
   9. attempt to gain unauthorized access to AGIS’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;
   10. create multiple user accounts by automated means or under false or fraudulent pretenses;
   11. sell, reproduce, distribute, modify, display, prepare derivative works based on, or otherwise use any AGIS Content which is protected by trademarks, service marks, copyrights, or other intellectual property rights;
   12. reverse engineer any software associated with the Service; or
   13. post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure or use any form of automated device or computer program that enables submission of postings on the Service without each posting being manually entered by the author thereof.

Information Disclosures

1. MEDICAL INFORMATION. THE INFORMATION (INCLUDING WITHOUT LIMITATION, CONTENT, MATERIALS, ADVICE AND RECOMMENDATIONS) ON THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS INTENDED SOLELY AS GENERAL INFORMATION AND IS NEITHER MEDICAL NOR HEALTHCARE ADVICE, MEDICAL DIAGNOSIS OR TREATMENT FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. AGIS AND ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, SUPPLIERS, AND USERS (COLLECTIVELY "AFFILIATES") DO NOT MAKE ANY WARRANTEES REGARDING THE CONFORMITY WITH ANY GOVERNMENT REGULATIONS REQUIRING THE DISCLOSURE OF PRESCRIPTION PHARMACEUTICAL PRODUCT INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER AGIS NOR ITS AFFILIATES ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE SERVICE IS SUBJECT TO THIS DISCLAIMER. AGIS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION OR OTHER MATERIAL ON THE SERVICE.
2. GENERAL. YOU AGREE THAT AGIS, SHALL NOT BE LIABLE IN ANY WAY FOR THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF THE INFORMATION, OR FOR ANY ACTION OR INACTION TAKEN BY YOU RELYING UPON THE INFORMATION. YOU FURTHER AGREE THAT AGIS WILL NOT BE LIABLE IN ANY WAY FOR THE INTERRUPTION OR CESSATION IN THE PROVIDING OF ANY DATA, INFORMATION, OR OTHER ASPECT OF THE SERVICE. AGIS IS NOT RESPONSIBLE FOR, AND MAKES NO WARRANTIES REGARDING, THE ACCESS, SPEED, OR AVAILABILITY OF THE INTERNET IN GENERAL OR THE SERVICE IN PARTICULAR. AGIS RESERVES THE RIGHT TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ALL OR ANY PORTION OF THE SERVICE WITH OR WITHOUT NOTICE.
3. NO REFERRALS OR ENDORSEMENTS. THE SERVICE IS NOT A REFERRAL SERVICE OF ANY KIND, INCLUDING FOR HEALTHCARE, ELDERCARE, OR ANY OTHER PROFESSIONAL SERVICES. THE INFORMATION (INCLUDING WITHOUT LIMITATION, ADVERTISING, CONTENT AND MATERIALS) POSTED ON THE SERVICE, DOES NOT CONSTITUTE OR INDICATE AGIS' ENDORSEMENT OF THE INFORMATION OR AN ENDORSEMENT OR REFERRAL OF THE INDIVIDUAL OR ENTITY ADVERTISING OR POSTING SUCH INFORMATION INCLUDING INFORMATION POSTED BY USERS. THROUGH THE SERVICE YOU MAY GET ACCESS TO INDIVIDUALS OR ENTITIES, HOWEVER, YOUR CHOICE TO CONTACT OR DO BUSINESS WITH ANY OF THESE INDIVIDUALS OR ENTITIES IS YOUR SOLE RESPONSIBILITY AND AGIS IS NOT INVOLVED IN ANY TRANSACTIONS YOU HAVE WITH ANY THIRD PARTIES.

Intellectual Property

The intellectual property rights, including but not limited to patent, copyright, trademark, service mark, trade name, trade dress, derivative works, moral rights, trade secrets, and proprietary information and technology, associated with the Materials or Content on the Service and the Service itself are owned or licensed by AGIS. Except as expressly provided herein, neither AGIS nor its licensors confers upon you by implication, estoppel, or otherwise, any license or right under any such intellectual property. AGIS reserves the right to license portions of the Services, including without limitation, for commercial use for a fee. No intellectual property ownership rights are or will be assigned to you. You shall not infringe any of the intellectual property rights associated with AGIS's Content.

AGIS will not tolerate infringement of anyone's intellectual property rights at the Service, and reserves the right to block, disable, or otherwise remove any Materials from Service as well as terminate your access to the Service if you engage in copyright or other intellectual property infringement.

If you believe that any Content or Materials on the Service infringe your copyrights, please contact AGIS's copyright agent, who can be reached by mail at Copyright, AGIS Network, 2410 Camino Ramon, Suite 295, San Ramon, California 94583 or email at [email protected].

You must include the following information:

1. a description of the copyrighted work you allege is being infringed upon (and registration information if such work is registered with the copyright office);
2. the location of the allegedly infringing material on the Service,
3. your signature (digital or hard-copy),
4. your address, telephone number, and e-mail address, and
5. a statement (notarized if possible and made under penalty of perjury that):
   1. you are the copyright owner or authorized to act on the copyright owner's behalf; and
   2. you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law)

Indemnity

You agree to indemnify and hold AGIS and its Affiliates harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your Materials, your use of the Service, your violation of these Terms, or your violation of any third party's rights including intellectual property, proprietary, or privacy rights.

Disclaimer of Warranties

EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN THE TERMS, THE SERVICE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. AGIS HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT; AVAILABILITY OF THE SERVICE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SERVICES. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

Assumption of Risks

Your interactions with other users are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that AGIS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users of this Service, or between users and any third party, you understand and agree that AGIS is under no obligation to become involved and is not subject to any liability.

Liability Limitation

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER AGIS, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY) OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SERVICE, OR TO ANY BREACH OF THESE TERMS, EVEN IF AGIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT, OR STRICT OR PRODUCT LIABILITY. AGIS, ITS LICENSORS, AND AFFILIATE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED, NOT TO EXCEED $100.00. AGIS, ITS LICENSORS, AND AFFILIATES ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICE. ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH THE LIABILITY AROSE.

Other Users, Links, and Advertisers

The Service may contain Materials posted by users who may offers good and/or services, ads, or other links to third party websites that are not under the control of AGIS and AGIS is not responsible for any Materials, ads, content on any linked website. If you choose to do business with a user or access a third party website from the Service, then you do so at your own risk. AGIS provides Materials, ads, and links as a convenience and the inclusion of such material does not imply that AGIS endorses or accepts any responsibility for the related to this material or the content of third-party websites. Your dealings with or participation in promotions of advertisers or other users found on the Service, including payment and delivery of goods or services, and any other terms (such as warranties) are solely between you and such advertisers. You agree that AGIS shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers or users.

International Usage

This Service is controlled and operated by AGIS from its offices within the United States of America. AGIS makes no representation that the Service is appropriate or available in other locations. Those who access the Service from other locations do so at their own risk and are responsible for compliance with applicable laws.

Modifications

AGIS reserves the right at any time to modify, suspend or discontinue the Service. You agree that AGIS shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Service.

Entire Agreement

These Terms, as amended, any registration forms, and any agreement between you and AGIS constitute the entire agreement between you and AGIS. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

General

These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Service shall be litigated or otherwise heard in the appropriate forum in Contra Costa County, California. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Contra Costa County, California. AGIS reserves the right to terminate these Terms between AGIS and you for any reason or no reason. Upon termination or expiration of the Terms, Sections 4, 5, 6-10, 13, and 14 survive, but your right to use the Service immediately ceases. AGIS's failure to act with respect to a breach by you or others does not waive AGIS's right to act with respect to subsequent or similar breaches.

Government End Users

The Service is a "commercial item" as defined in 48 C.F.R. §2.101. Consistent with 48 C.F.R. §§12.212 and 227.7202-1 through -4, all United States government end users may use the Services with only those rights set forth in these Terms.

Trademark and Copyright Notice

AGIS owns trademarks and service marks related to the Service and reserves all rights therein. Copyright © 2008. All rights reserved.

Gale's Terms and Conditions

The Gale Databases (the "Licensed Content") are copyrighted by the Gale Group, Inc. ("Gale"). The Licensed Content is provided "as is" without warranty of any kind. Neither Gale nor any of its data suppliers make any warranty whatsoever as to the accuracy or completeness of the Licensed Content or the results to be obtained from using the information contained therein and neither Gale nor any of its data suppliers will be responsible for any claims attributable to errors, omissions, or other inaccuracies in the information contained in the Licensed Content. The entire risk for the results and performance of the Licensed Content is assumed by the user. Further, neither Gale nor any of its data suppliers make any representations or warranties, either express or implied, with respect to the Licensed Content, including, but not limited to, the quality, performance, merchantability or fitness for a particular purpose of the Licensed Content or any information contained therein. In no event will Gale or any of its data suppliers be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Licensed Content or for any loss or damage of any nature caused to any person as a result of that use.

Material contained in the Licensed Content may not be duplicated or redistributed without the prior written consent of Gale, except that one print copy of search output is permitted for use within the customer's organization and that search output may be stored temporarily in electronic media for editing or reformatting and subsequent printing of one print copy of search output for internal use.

The material contained in the Licensed Content is provided for informational purposes only and should not be construed as medical advice or instruction. No action should be taken based upon the information contained in the Licensed Content. Consult an appropriate health professional for advice relating to a medical problem or condition.

Family Caregiver Alliance

Since 1977, the Family Caregiver Alliance has been a public voice for caregivers. FCA provides AGIS with valuable caregiving articles. Its pioneering programs—information, education, services, research, and advocacy—support the work of families and friends caring for loved ones with chronic disabling health conditions. Contact FCA for information about caregiver resources in your area.
www.caregiver.org

About NFCA

The National Family Caregivers Association educates, supports, empowers and speaks up for the more than 50 million Americans who care for loved ones with a chronic illness or disability or the frailties of old age. NFCA reaches across the boundaries of diagnosis, relationships and life stages to help transform family caregivers’ lives by removing barriers to health and well-being.

NFCA’s core Caring Every Day messages are :

• Believe in yourself
• Protect your health
• Reach Out for help
• Speak up for your rights

Last updated October 02, 2008.