AgeSmart Terms of Use

Last Updated: October 2, 2023

Age Smart Lda. is the owner and operator of and any affiliated websites and related mobile versions (“AgeSmart, us, our, ours, etc.”). These Terms of Use constitute a legal contract that establishes the relationship between you, the end user of a third-party online service to which we provide age verification services (“End User”) and us. These Terms of Use govern your use of the age verification services provided by AgeSmart (“Services”), including all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, content, information, or materials on AgeSmart (“Materials”), and any software, interfaces, or tools provided by AgeSmart to conduct the Services (“Tools”). The Tools are a part of the Services, whether the Tools appear on our websites, or on one of our clients’ websites, mobile applications, or related platforms (“Platform(s)”). The Platforms are not a part of the Services offered by AgeSmart. All Platforms are operated by third parties.

We reserve the right to revise these Terms of Use at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms of Use, we will change the “Last Updated” date at the top of these Terms of Use. You agree to re-visit this page on a frequent basis, and to use the “Refresh” button on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms of Use, then you may presume that nothing in these Terms of Use has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms of Use in their entirety. You must agree to any updated Terms of Use or immediately cease use of AgeSmart. If you fail to review these Terms of Use as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights.

  1. Accounts
    1. Account Registration
    2. All users may register for a single account on AgeSmart, provided you meet the requirements set forth herein and otherwise abide by these Terms of Use. To create an account as an End User, you must provide a valid payment method, and you must also submit any necessary age verification documentation, which (i) must include, at a minimum, a government issued photo ID and selfie (in which you are seen holding the same photo ID in a clearly visible manner), and (ii) may also include, at our request, an email address, phone number, date of birth, audio/visual media including a live video session with one of our agents to validate your identity and documentation, or other personal data as necessary to facilitate the Services (“End User Data”). You may choose to redact private information on the photo ID, but your face, valid end date, and your birth date must be clearly visible. You agree that we, or our contractors, are authorized to collect, store, and/or maintain certain biometric information including a scan of your face geometry, from any End User Data you provide to us. You agree that we may share your End User Data with our contractors to assist in the verification of your age and identity, as described in our Privacy Policy.

    3. Representations and Warranties by You
    4. By creating an account as an End User, you accept and agree to our website policies, including these Terms of Use and such other terms or policies which we notify you are incorporated into these Terms of Use,, and you represent and warrant that (a) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (b) you have the legal capacity to enter into and agree to these Terms of Use, (c) you are using the Services freely, voluntarily, willingly, and for your own personal enjoyment, (d) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness; (e) you have the necessary rights and permissions to share and use the End User Data and all other information provided to AgeSmart by you, and (f) you have the right to sublicense such rights and permissions to AgeSmart and our independent contractors and third-party service providers, as is necessary for the provision of the Services.

      We will not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by AgeSmart to be genuine and originating from you or any authorized representative. If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may suspend or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require End Users to provide additional information as necessary to verify the accuracy of their identity and the information they provide to us, you understand and agree that we do not sponsor or endorse any user.

    5. No Account Sharing
    6. You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.

    7. Account Termination by You
    8. You may delete your account by clicking “Delete Account” in your account settings; however, you understand and agree that we may retain and share the End User Data associated with your account or the accounts of your End Users, including with our contractors, according to our Privacy Policy. You will not assign, transfer, sell, or share your membership to AgeSmart. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due.

    9. Account Termination by Us
    10. We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. If we terminate your account, you will be responsible for all charges to your account at the time of termination. We are not responsible for preserving terminated account information which may be permanently deleted, in our discretion.

  2. Billing and Payment
    1. Billing
    2. If you create an account as an End User, provide valid and current payment information, provide all necessary End User Data, and pay us a one-time nonrefundable in the amount disclosed during the registration process, you may create an account and receive age verification services as an End User. However, you understand and agree that paying for the Services is not a guarantee that you will gain or be granted access to any Platforms. It is in the sole and absolute discretion of our clients to grant you access to their Platform, and we will not be responsible for any failure by you to gain access to any Platform, whether or not such failure is tied or in any way related to the provision of our Services.

      We reserve the right to charge additional fees for access to AgeSmart or any of the featuresthereon, and to change our fee structure at our discretion. All previous offers or discounts are unavailable once removed from AgeSmart.

      You agree to pay all fees or account charges related to any fees, taxes, charges, purchases, or upgrades associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your billing statement for our Services may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due immediately upon cancellation or termination of your account.

    3. Cryptocurrency
    4. From time to time, we may permit you to pay for the Services or be paid for your referral of End Users to the Services using one or more cryptocurrencies, such as Bitcoin. Acceptance of such billing method is in our sole discretion and may be of limited duration. Any billing in cryptocurrency is irreversible. Refunds of cryptocurrency payments will be made in our sole discretion, and, if allowed, may take the form of cryptocurrency transfer or corresponding cash value of the requested refund, at our option. Additional administrative fees may apply to cryptocurrency transactions. By purchasing the Services in cryptocurrency, you acknowledge that the value of cryptocurrencies is highly volatile and that there is a substantial risk of loss associated with using cryptocurrencies. You consent to the risk that the value of cryptocurrencies may be influenced by activity outside our control, including fluctuating public interest in cryptocurrencies, potential regulation of cryptocurrencies, and risks associated with hardware, software, or Internet connection issues, malicious software, unauthorized access, or other communication failures, disruptions, errors, distortions, and delays. AgeSmart does not represent, guarantee, or warrant the accuracy or fairness of the value of any cryptocurrency. You are solely responsible for making your own independent appraisal and investigations into the value of any purchase of sale on the Services.

    5. Third-Party Payment Processing
    6. We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process all payments associated with AgeSmart. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.

    7. Changes to Your Billing Information
    8. You must promptly inform our third-party billing agent of all changes to your billing information, including changes in your address, debit or credit card, and bank accounts that you use in connection with any billing through AgeSmart. You are responsible for any debit or credit card charge backs, dishonored checks, and any related fees that AgeSmart incurs with respect to your account, along with any additional fees or penalties imposed by our third-party billing agent.

    9. Chargebacks
    10. If you make a purchase on AgeSmart that results in a chargeback, we may terminate your account. You agree to contact us to seek a resolution of any issue before initiating a chargeback.

    11. Changes to Our Billing Methods
    12. We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.

    13. Refunds
    14. You understand and agree that it is our standard policy that all purchases are final and nonrefundable. We reserve the right to address all refund requests in our sole discretion. In no instance will a refund be provided where the user initiates a chargeback.

    15. Billing Errors
    16. If you believe that you have been erroneously billed for activity associated with your account, please notify our third-party billing agent immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing entities we engage to provide billing services. You are responsible for review and compliance with such entity’s terms in addition to those contained in these Terms of Use.

    17. Fraudulent Use of Credit Cards
    18. We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.

  3. Grant of Rights
  4. You understand that all we are offering you is access to AgeSmart and use of the Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access AgeSmart or use the Services. All users may access certain public areas of AgeSmart and use the Services and the Materials therein, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of AgeSmart for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use paid areas of AgeSmart or the Materials therein, including the use of any Tools to gain access to a Platform. If you are an End User, we also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access AgeSmart and use the Services, Materials, and Tools, as limited by your additional purchase of certain paid features and upgrades. We reserve the right to limit the amount of Materials viewed or Services available to you, including whether you are able to use the Tools to access any specific Platform. Your license to access AgeSmart and use the Services, the Materials, and the Tools is not a transfer of title. You will not copy or redistribute any Material, and you will prevent others from unauthorized access, use of, or copying of the Materials or the Tools.

  5. Acceptable Use Policy
  6. You agree that you will only use AgeSmart, the Services, the Materials, and the Tools for purposes expressly permitted and contemplated by these Terms of Use. You may not use AgeSmart, the Services, the Materials, or the Tools for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:

    Engaging in any Prohibited Use will be considered a breach of these Terms of Use and may result in immediate suspension or termination of the user’s account and access to AgeSmart without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of the Services, including civil, criminal, or injunctive relief, forfeiture of revenues, and cancellation of your account. Any unauthorized use of the Services or our computer systems violates these Terms of Use and certain international, foreign, and domestic laws.

  7. Dispute Resolution and Damages
    1. Governing Law and Venue
    2. These Terms of Use and all matters arising out of, or otherwise relating to, these Terms of Use shall be governed by the laws of Portugal, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, resolved in Portugal. All Parties to these Terms of Use agree that all actions or proceedings arising in connection with these Terms of Use or any services or business interactions between the Parties that may be subject to these Terms of Use shall be brought exclusively in Portugal. The Parties agree to exclusive jurisdiction and venue in, and only in, Portugal. The Parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the Parties with respect to, or arising out of, these Terms of Use in a jurisdiction other than that specified in this paragraph. All Parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines challenging venue or jurisdiction, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms of Use whatsoever. All Parties stipulate that the courts located in Portugal shall have personal jurisdiction over them for resolution of any litigation permitted by these Terms of Use. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms of Use. Any final judgment rendered in connection with any legal action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Portugal or other jurisdictions in any manner provided by law if such enforcement becomes necessary.

    3. Waivers
    4. You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury.

    5. Rights to Injunctive Relief
    6. You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach these Terms of Use, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity

    7. Additional Fees
    8. If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs.

  8. Disclaimers
    1. Additional Fees
    2. We provide access to AgeSmart and use of the Services “as is” and “with all faults.” We make no warranty that AgeSmart or the Services will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, noninfringement, and warranties that your access to AgeSmart or use of the Services will be uninterrupted, timely, secure, error-free, or that loss of materials will not occur, to the greatest extent provided by applicable law. We may change any of the information found on AgeSmart at any time or remove any or all Materials thereon. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through AgeSmart or any transaction entered into through AgeSmart. There are no warranties of any kind that extend beyond the face of these Terms of Use or that arise because of course of performance, course of dealing, or usage of trade

    3. Use at Your Own Risk
    4. You expressly agree that access to AgeSmart and use of the Services is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that AgeSmart or the Services will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, AgeSmart, or the Services. You understand and agree that any Materials downloaded or otherwise obtained through AgeSmart is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.

    5. Third-Party Links
    6. AgeSmart may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You agree to hold us harmless from any and all damages and liability that may result from use of third-party links that appear on AgeSmart and any advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the policies of those third parties, not by these Terms of Use or our other policies. We reserve the right to demote or remove any link at any time.

    7. Violations of Law
    8. Access to AgeSmart and use of the Services in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access AgeSmart and use the Services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.

  9. Indemnification
  10. You agree to defend, indemnify, and hold harmless AgeSmart, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use AgeSmart or the Materials, the inability to access any Platform, or any breach of these Terms of Use by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.

  11. Limitation of Liability
  12. You acknowledge that we will not be liable to you for user-generated Materials or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated Materials or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of AgeSmart including claims relating to the following:

    Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, nonconsensual recording or dissemination of intimate depictions, violation of prostitution or sex trafficking laws, illegal gambling, any financial loss not due to the fault of AgeSmart, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of AgeSmart, unavailability of AgeSmart, its functions and any other technical failure that may result in inaccessibility of AgeSmart, or any claim based on vicarious liability for torts committed by individuals met on or through AgeSmart, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.

    The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of AgeSmart, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.

    We expressly disclaim any liability or responsibility to you for any of the following:

  13. Intellectual Property
    1. Trademarks
    2. AgeSmart is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on AgeSmart may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits AgeSmart.

    3. Copyrights
    4. The Materials are our proprietary information and valuable intellectual property. We retain all right, title, and interest in such Materials. AgeSmart, the Materials, and our software are protected by copyright law. The Materials may not be copied, downloaded, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Terms of Use violates our intellectual property rights.

  14. General
    1. Entire Agreement
    2. These Terms of Use and any other legal notice or agreement published by us on AgeSmart, form the entire agreement between you and us concerning your use of AgeSmart. Such documents supersede all prior terms, understandings, or agreements between you and us regarding use of AgeSmart. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these Terms of Use shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    3. Policies of Our Service Providers
    4. You understand and agree that we may use certain third-party service providers to offer the Services to you. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.

    5. Assignment and Delegation
    6. We may assign any rights or delegate any performance under these Terms of Use without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

    7. Severability
    8. If any provision of these Terms of Use is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.

    9. Cumulative Remedies
    10. All rights and remedies provided in these Terms of Use are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

    11. Successors and Assigns
    12. These Terms of Use inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms of Use.

    13. Force Majeure
    14. We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.

    15. Outages and Interruptions
    16. You acknowledge and agree that (i) the Services may be inaccessible or inoperable from time to time, for any reason including, but not limited to, equipment malfunctions, periodic maintenance, repairs or replacements, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures or causes beyond our reasonable control or that are not reasonably foreseeable, and (ii) we do not have full control over the availability of the Services on a continuous or uninterrupted basis, and we assume no liability to you or any other party with regard thereto.

    17. Notices
    18. Any notice required to be given by us under these Terms of Use may be provided by email to a functioning email address of the party to be noticed, by a general posting on AgeSmart, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at support[at]agesmart[dot]ch unless otherwise specified in these Terms of Use. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms of Use. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.

    19. Communications are Not Private
    20. We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into AgeSmart may be read by the agents and operators of AgeSmart, regardless of whether they are the intended recipients of such messages.

    21. Consideration
    22. We allow you to access and use AgeSmart, the Services, and the Materials, as limited by your additional purchase of certain paid features and upgrades, in consideration for your acquiescence to all the provisions in these Terms of Use. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of AgeSmart.

    23. Electronic Signatures
    24. You agree to be bound by any affirmation, assent, or agreement you transmit through AgeSmart. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

    25. English Language
    26. We have written these Terms of Use and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms of Use as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms of Use. In the event that you choose to translate these Terms of Use, you do so at your own risk, as only the English language version is binding.

    27. Export Control
    28. You understand and acknowledge that the software elements of the Materials on AgeSmart may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

    29. No Agency Relationship
    30. Nothing in these Terms of Use shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

    31. Usages
    32. In these Terms of Use, unless otherwise stated or the context otherwise requires, the following usages will apply:

    33. No Waiver
    34. No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Use. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms of Use.

    35. Headings
    36. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms of Use.

    37. Other Jurisdictions/Foreign Law
    38. We make no representation that AgeSmart, the Services, or any of the Materials are appropriate or available for use in all locations. You may not access AgeSmart, the Services, or the Materials from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access AgeSmart and use the Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Use shall be interpreted as an admission that that AgeSmart is subject to the laws of any nation besides the United States.

    39. Service Not Available in Some Areas
    40. You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access AgeSmart. AGESMART IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use AgeSmart while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Use, and subject to having your account suspended or terminated without any notice to you. You hereby agree that AgeSmart cannot be held liable if laws applicable to you restrict or prohibit your participation. AgeSmart makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on AgeSmart, nor shall any person affiliated, or claiming affiliation, with AgeSmart have authority to make any such representations or warranties. We reserve the right to restrict access to AgeSmart in any jurisdiction.

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