Terms of Service – Better Aging

These Terms and Conditions (these “Terms“) shall govern your (“You” or “Your“) use of this website (the “Website“). By using or accessing the Website you agree to be bound by these Terms.

You agree that Better Aging (“We” or “Better Aging“) may change any part of the Website, including its content, at any time or discontinue the Website or any part thereof, for any reason, without notice to you and without liability. You declare that by acceptance of these Terms and/or by using the Website, you are of legal age to form a binding contract with Better Aging. If you are agreeing to be bound by these Terms on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms. If you do not have the requisite authority, you may not accept these Terms or use the Website on behalf of your employer or other entity. You may not use the Website and may not accept these Terms if you are a person barred from using the Website under the laws of the country in which you are resident or from which you use the Website.

We may, in our sole discretion, refuse to offer our services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Website, or any portion thereof, and block or prevent your future access to and use of the Website or any portion thereof.

If you violate these Terms, Better Aging reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend your use of the Website. You agree that Better Aging does not need to provide you notice before terminating or suspending your use of the Website, but it may provide such notice in its sole discretion.

Matters related to privacy are also governed by Better Aging’s Privacy Policy, available here: https://betteraging.com/privacy-policy/ (the “Privacy Policy”), which constitutes an integral part of these Terms by way of reference, and by using or accessing the Website you agree to be bound by its terms and conditions. Unless the context otherwise requires, all reference herein to these Terms, shall also include the Privacy Policy. We advise you to carefully read the Privacy Policy.

Grant of License

Subject to your agreement and compliance with these Terms, Better Aging grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Website. Use of the Website shall be solely for your own, private purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Website is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Website shall immediately terminate, and you shall immediately refrain from using the Website. If the Website or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Website, and must refrain from using the Website.

Our Website is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, reproduce, or use crawlers, robots, data mining or extraction tools of any type in connection with any content or information, software, products or services available through our Website for any commercial or competitive activity or purpose.

Access to the Website

It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Website. Better Aging does not provide you with the equipment to access and/or use our Website. You are responsible for all fees charged by third parties related to your access and use of the Website (e.g., charges by internet service providers or air time charges).

User Content

You agree that any content published by you through the Website is done so through the use of technology and tools provided by Better Aging. You agree that you are publishing such content willingly and you represent that you own such content or have received the necessary authorizations from third parties, that you have all rights to publish said content and that publishing of the content by you complies with all applicable laws. You grant Better Aging the right to act as an agent on your behalf as the Website’s operator.

Better Aging does not claim ownership of any videos, data, text, graphics, photographs, or any other content, and their selection and arrangement, provided or uploaded to the Website by any user (the “User Content“). However, by sending and/or creating User Content and/or using the Website you automatically grant Better Aging a non-exclusive, royalty-free, perpetual license of all worldwide rights to share, use, edit, modify, include, incorporate, adapt, record and reproduce such User Content, including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes set forth in the Website and/or these Terms, including for the avoidance of doubt commercial, non-commercial and/or promotional use by Better Aging associating such User Content with your user information, user name and/or profile picture. Better Aging may retain any raw material that you submit, and make internal use of such material including for testing purposes. You hereby agree that any of Better Aging’s users may view and use the User Content. You may request that Better Aging delete and make no further use of such material by contacting us at: [email protected]

Better Aging may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Website. By using the Website, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Better Aging will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.

Better Aging reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Website with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, Better Aging shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.

Rules of Conduct and Usage

You represent and warrant that you have full right and authority to use the Website and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of the Website. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.

You undertake that you shall not defraud, or attempt to defraud, Better Aging or other users, and that you shall not act in bad faith in your use of the Website. If Better Aging determines that you have acted in bad faith and/or in violation of these Terms, or if Better Aging determines that your actions fall outside of reasonable community standards, Better Aging may, at its sole discretion, prohibit you from using the Website. You agree that your use of the Website shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:

Access the Website if you are barred under the provisions of these Terms or any applicable law;
Promote, host or display the Website on any websites that: (i) contain indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by Better Aging at its sole discretion), defamatory, libelous, obscene, gambling related, discriminatory, deceptive, abusive spyware, adware, or other malicious programs or code, unsolicited mass distribution of email, or any illegal subject matter or activities or otherwise offensive content, or content addressed to individuals under the age of 18; (ii) incorporate any materials that infringe or assists others to infringe on any copyright, trademark or other intellectual property rights; (iii) are an incentive-based website, such as a lottery or sweepstakes site which rewards users for clicking on links; (iv) engage in activities that violate Better Aging’s Privacy Policy; (v) openly encourage users to click on banner ads or other sponsored links to support the site; or (vi) infringe any right of any third party or violate any applicable law or regulation;
Upload, post, transmit or otherwise disseminate any material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, otherwise offensive or objectionable;
Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by Better Aging or by applicable statutory law), modify or alter any part of the Website;
Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Website or the computers of other users of the Website;
Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;
Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
Create false personas, multiple identities, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications or social networks through which the Website is accessed;
Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
Upload or transmit (or attempt to upload or to transmit), without Better Aging’s express consent, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”);
Improperly use support channels or complaint buttons to make false reports to Better Aging;
Develop and distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications;
Encourage any third party to: (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent or other invalid means; (ii) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (iii) engage in any action or practice that reflects poorly on Better Aging or otherwise disparages or devalues Better Aging’s reputation or goodwill;
Make representations with respect to Better Aging not approved in advance and in writing by Better Aging. You shall obtain Better Aging’s prior written approval to the content of any marketing message, and with respect to any use of Better Aging’s trade name and/or trademarks and/or designs in connection with the App;
Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Website;
Attempt to use the Website on or through any service that is not authorized by Better Aging. Any such use is at your own risk and may subject you to additional or different terms. Better Aging takes no responsibility for your use of the App through any service that is not authorized by it;
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Website; and/or
Interfere with the ability of others to enjoy using the Website, including disruption, overburden or aid the disruption or overburdening of the Website’s servers, or take actions that interfere with or materially increase the cost to provide the Website for the enjoyment of all its users.

Intellectual Property Ownership

Without derogating from any other terms herein, Better Aging and/or its affiliates retain all rights in the Website materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Website Materials“). The entire contents of the Website are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Website pursuant to these Terms or otherwise exploit any of the Website Materials without Better Aging’s explicit, prior written consent. The foregoing shall not apply to your own User Content that you post through the Website in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from Better Aging. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in severe civil and criminal penalties.

Better Aging and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Website Materials. You hereby acknowledge that you do not acquire any ownership rights by using the App or by accessing any of the Website Materials, or rights to any derivative works thereof.

You are not required to provide Better Aging with any feedback or suggestions regarding the Website or any of the Website Materials. However, should you provide Better Aging with comments or suggestions for the modification, correction, improvement or enhancement of the Website and/or any of the Website Materials, then, subject to the terms and conditions of these Terms, you hereby grant Better Aging a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Better Aging chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Better Aging’s and its sublicensees’ products and content embodying such comments or suggestions in any manner and via any media Better Aging chooses, but without reference to the source of such comments or suggestions.

Disclaimers; Limitation of Liability; Indemnification

BETTER AGING DOES NOT PROVIDE ANY MEDICAL ADVICE WHATSOEVER. BETTER AGING IS NEITHER A PHYSICIAN, DOCTOR NOR A MEDICAL PRACTICE AND DOES NOT PRACTICE MEDICINE. SIMILARLY, BETTER AGING IS NEITHER A PSYCHOLOGIST, PSYCHIATRIST NOR ANY OTHER KIND OF MENTAL HEALTH OR BEHAVIORAL HEALTH PROFESSIONAL, NOR A MENTAL HEALTH PRACTICE.

IF YOU BELIEVE YOU HAVE A MEDICAL CONDITION OR PROBLEM OF ANY KIND, WE URGE YOU TO CONTACT A MEDICAL PROFESSIONAL, AS SOON AS POSSIBLE.

You acknowledge and accept that by virtue of accessing and/or using the Website and/or any materials and/or services, if any, offered by Better Aging herein (collectively, the “Services”), Better Aging does not enter into a physician-patient relationship, a psychologist-patient psychiatrist-patient or a therapist-patient relationship with you or any third party whatsoever, nor does it offer medical advice, or mental or behavioral health advice to you or any third party whatsoever.

Better Aging hereby explicitly disclaims and has and shall have no obligation, liability, responsibility or obligation of any kind in connection with any action or omission by you and/or by any third party made in connection with or by relying on any materials published or provided or made accessible through the Website.

While Better Aging strive to provide users relevant, contemporary and accurate information, Better Aging cannot and does not guarantee that any materials published or provided or made accessible through the Website, are or will be, at any time whatsoever, up to date, complete, accurate and/or correct in any respect.

You acknowledge and agree that the Services do not constitute a replacement or substitution of any medical procedure(s), treatment sessions, pharmaceutical treatment, group treatment, behavioral treatment, medications, medical device and any other treatment or medical procedure whatsoever, all of which must be performed at such time, place and in such manner as advised or instructed by the health professional(s) who treat you.

THE SERVICES ARE NOT INTENDED FOR USE IN CASE OF EMERGENCIES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, YOU SHOULD CONTACT A HEALTH PROFFESSIONAL AS SOON AS POSSIBLE.

You agree that your use of the Services shall be at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any and all acts or omissions made by you in reliance on the Services or any part thereof. To the fullest extent permitted by law, Better Aging, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Services and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.

You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, Better Aging, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Website and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Better Aging makes no warranties or representations about the accuracy or completeness of the content of the Website, of the content of any sites linked to the Website, of any Third-Party Materials and assumes no liability or responsibility for any:

Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;
Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Website;
Any unauthorized access to or use of Third-Party Materials, secure servers and/or any and all personal information and/or financial information stored therein;
Any interruption or cessation of transmission to or from the Website;
Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party; or
Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Website.

WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL BETTER AGING, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, CONSULTANTS AND/OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BETTER AGING HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BETTER AGING SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. BETTER AGING’S LIABILITY FOR ANY DAMAGES OR CLAIMS OF ANY KIND, SHALL NOT EXCEED US$ 100.

The security of information and payments transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet links, shall be borne solely and exclusively by you, and in no event, shall any such losses be borne, in whole or part, by Better Aging.

You agree to indemnify and hold Better Aging, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of the following:

Your use of and access to the Website;
Your violation of any term of these Terms;
Your violation of any third party right, including without limitation any copyright, property, or privacy right;
Any claim that any user submission made by you has caused damage to a third party; or
Any User Content you post or share on or through the Website.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in purchase of goods, use of coupons, promotions of, advertisers found on or through the Website, including payment and delivery of related goods or Website, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Better Aging will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website, including, for the avoidance of doubt any dealings with third party vendors and/or merchants which were referred in any suggestions and/or recommendations provided through and/or within the Website.

Third Party Material

You may be able to access, review, display or use third party Website, resources, content, information or links to other websites or resources (the “Third Party Materials“) via the Website. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and Better Aging disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Website. You acknowledge and agree that Better Aging: (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or Website on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the Website. Your ability to access or link to Third Party Materials or third-party Website does not imply any endorsement by Better Aging of Third-Party Materials or any such third-party Website.

These Terms do not authorize you to, and you may not use any Third-Party Materials except as expressly permitted by the owners of such Third-Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third-Party Materials.

Without derogating from any of Better Aging’s rights and remedies under these Terms and/or under law, Better Aging will be entitled, at its sole discretion, to immediately discontinue the Website or any part thereof, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.

You may not use any Third-Party Materials for which you have not obtained appropriate approval to use. Better Aging cannot grant permission to use third party content.

Links, Search Engines

The Website may contain links to other websites, applications or resources (the “Linked Sites”). The Linked Sites are not under the control of Better Aging and Better Aging is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Better Aging is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Better Aging of the site or any association with its operators. You acknowledge and agree that Better Aging will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Website available on or through any such site or resource.

Notices

Notices to you may be made via the Website and/or e-mail. Better Aging may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Website. You agree that all agreements, notices, disclosures and any other communications that Better Aging provide as aforementioned satisfy any legal requirement that such communications be in writing.

General

By using or visiting the Website, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Better Aging. Any claim or dispute between you and Better Aging that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel. Better Aging reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND BETTER AGING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

For any questions about these Terms of Use or any other issue regarding Better Aging or the Website please contact us at: [email protected]

Last update: 26.6.2019