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Terms of Service

Last Updated August 3, 2017

  1. General
  2. The Web site at car-fit.org (the “Site”) provides an educational program (“CarFit”) developed by American Automobile Association (AAA), AARP and the American Occupational Therapy Association (AOTA). The Site is owned and operated by AARP. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site, and your agreement to be bound by these Terms of Service, the car-fit.org Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available on or through the Site, including the CarFit program.

    AARP reserves the right to modify these Terms of Service at any time, in which case the revised Terms of Service will appear on the Site. Continued use of the Site after any such changes are posted will constitute your acceptance of the Terms of Service, as modified.

  3. Intellectual Property Rights
    • (A) Grant of Limited License to You. This Site is the property of AARP and the CarFit program contents are the property of each respective contributor to the CarFit program including AARP, AAA and/or AOTA, and are protected by copyright, trademark, and other intellectual property laws. AARP provides the Site for personal noncommercial use only. You may only use this Site and the CarFit program and materials as authorized by these Terms of Service. You may not use this Site, the CarFit program or the CarFit materials in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to AARP, AAA, AOTA or other third party. AARP reserves the right, at any time and without notice, to suspend, cancel, or terminate your right to use the Site (or any portion of the Site) for violation (whether repeated or not) of copyrights or any other rights belonging to AARP, AAA, AOTA or other third party. Unless authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any CarFit materials or Site contents. Information about permission to reproduce or distribute Site contents or CarFit program materials can be obtained by completing this form.
    • (B) Your License to AARP. By posting or submitting any material (including, without limitation, text, photos, and videos) to the Site, you represent and warrant: (i) that you are the owner of the material, or have all rights necessary to grant AARP a royalty-free, perpetual, irrevocable, non-exclusive unlimited license with a right to sublicense to AAA and AOTA, the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology your posting and/or submission; and (ii) that you are 13 years old or older. This grant of license shall include the right to exploit any proprietary rights in any such material. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.

      You also grant AARP, with right to sublicense AAA and AOTA, and anyone authorized by AARP, AAA and/or AOTA, the right to identify you as the author of any of your postings or submissions by name, e-mail address, or other user name or member name, as deemed appropriate.

    • (C) Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Site in a manner that constitutes copyright infringement, please report the violation to the Site’s designated copyright agent by sending written notice by U.S. Mail to AARP, 601 E Street, N.W., Washington, D.C. 20049, Attn: Corporate Counsel, or by email to CorporateCounsel@aarp.org. Please note that the contact information provided in this paragraph should only be used for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site.

      Please include the following information in your written notice:

      1. (1) a detailed description of the copyrighted work that is allegedly infringed;
      2. (2) a description of the location of the allegedly infringing material on the Site;
      3. (3) your contact information, including your address, telephone number, and, if available, e-mail address;
      4. (4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
      5. (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
      6. (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
    • (D) Restrictions on Linking and Framing. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship of your site by car-fit.org, the CarFit program, AARP, AAA or AOTA. However, you may not frame or inline link to any of the content of the Site, or incorporate into another Web site or other service any of the CarFit program materials or intellectual property without the written permission of the owner, including but not limited to, AARP, AAA or AOTA.
  4. Message Boards and Other Interactive Features
  5. This Site may include interactive features, including, but not limited to, message boards, comment sections, e-mail services, and areas that allow uploading of user-generated content (the “Interactive Features”). You are solely responsible for all materials and submissions that you post or provide through any other Interactive Features on the Site. AARP, AAA, AOTA and this Site do not control the messages, information, or files that you or others may provide through the Site. The CarFit program, and this Site, including its Interactive Features, shall be used for lawful purposes only; you shall not:

    • Engage in any conduct that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Site.
    • Post or transmit any material that violates our rights or the rights of others, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right.
    • Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.
    • Use the Site in an unlawful, threatening, or abusive manner, including without limitation, to promote racism, bigotry, hatred, or physical harm of any kind against any group or individual.
    • Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.
    • Obtain or attempt to obtain any materials or information not intentionally made available through this Site.
    • Use the Site to post or transmit any vulgar, obscene, or otherwise objectionable information of any kind, including without limitation, any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
    • Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.
    • Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
    • Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind on the Site, without our written consent.
    • Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Site.

    AARP shall have the right, but no obligation, to monitor the content of the message boards or other Interactive Features to determine compliance with these Terms of Service and any other operating rules established by AARP from time to time. AARP shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the message boards or other Interactive Features of the Site. Notwithstanding this right, you shall remain solely responsible for the content of your messages and other submissions. AARP, AAA and AOTA do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement submitted through or posted to the Interactive Features of the Site, whether it is provided by AARP, AAA, AOTA, CarFit volunteers, CarFit program managers, or other third party. Under no circumstances will AARP, AAA or AOTA be liable for any loss or damage of any kind caused by reliance on information obtained through postings or submissions to the Interactive Features of the Site. AARP, AAA and AOTA are not responsible for any offensive, defamatory, or obscene posting made on the message boards or other Interactive Features of the Site. AARP reserves the right at all times to disclose any information AARP believes necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in AARP’s sole discretion are inappropriate, objectionable or in violation of these Terms of Service. AARP also reserves the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service, or who, in the sole judgment of AARP, interferes with the ability of others to enjoy the Site or infringes the rights of others. AARP neither assumes nor has any liability for any action or inaction by AARP or any third-party content provider, including but not limited to AAA or AOTA, with respect to any conduct, communication, or posting on the message boards or other Interactive Features of the Site.

  6. Registration and Passwords
  7. To access certain features of the Site, AARP may ask you to provide personally identifiable information such as your name, e-mail address, ZIP code, and phone number. You will provide true, accurate, current, and complete information about yourself for any registration form located on the Site. If AARP suspects that information you provide is untrue, inaccurate, or incomplete, AARP may, in its sole discretion, suspend or terminate your account and refuse all current or future use of the Site. The use of any personally identifiable information you provide to this Site or the CarFit program as part of the registration process is governed by the terms of the car-fit.org Privacy Policy

    You may need a username and password to use certain features of the Site. By registering on the Site, you agree that you will not (i) select or use a user name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify AARP immediately of any unauthorized use of your password or account or any other breach of security. AARP assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.

    Use of Directories

    The information contained in any directories that may be provided on the Site is provided for visitor information only and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. None of AARP, AAA, AOTA or CarFit program suppliers, will be liable in any way with regard to such information.

  8. Disclaimers
  9. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AARP, AAA and AOTA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

    AARP, AAA and AOTA DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING MESSAGE BOARDS, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AARP, AAA and AOTA EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT AAPR, AAA and AOTA ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, OR OTHER USERS OF THE MESSAGE BOARDS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    AARP, AAA and AOTA DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THIS SITE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE SITE OR THIRD-PARTY SITES IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL AARP, AAA or AOTA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE.

    You must provide and are solely responsible for all hardware and software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and software.

    Any financial information provided on the Site is for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Site should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume any and all risk for your use of financial information provided on the Site.

  10. Third-Party Sites
  11. The Site may provide links to Web sites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by AARP, AAA, AOTA or any subsidiary companies of AARP, AAA or AOTA. When you access these third-party sites, you do so at your own risk.

  12. Limitation of Liability
  13. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AARP, AAA, AOTA, EACH ENTITY’S SUBSIDIARY COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF AAA, AARP and/or AOTA ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, AARP, AAA, and AOTA LIABILITY AND THE LIABILITY OF ANY SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.)

    IN NO EVENT WILL AARP, AAA, AOTA OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR RELATED ONLINE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MESSAGE BOARDS OR OTHER INTERACTIVE FEATURES, OR OUT OF THE BREACH OF ANY WARRANTY.

    IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.