Years Ahead Terms of Use

Last updated January 2012

These Terms of Use disclose the terms and conditions of Years Ahead, Inc. (“Years Ahead”) applicable to this website and the services offered in connection herewith (the “Site”). We encourage you to read these Terms of Use carefully. For purposes of these Terms of Use, “Years Ahead” means and includes Years Ahead and its affiliates and subsidiaries and its and their investors, officers, directors, employees, agents, representatives and assigns. By accessing, viewing, and/or using (each a, “use”) the Site, each user (individually, “User” and collectively, “Users”) understands and agrees to be bound by all terms and conditions contained in these Terms of Use. For purposes of these Terms of Use, “User” shall mean and include any person or entity that uses the Site, including without limitation those individuals (“care seekers”) seeking services from home care providers, assisted living facilities, nursing home facilities, residential care facilities, retirement facilities, adult day care facilities, senior apartment facilities or hospice facilities and those individuals and entities providing such services, as well as those offering senior care-related products and services (collectively “care providers”). If User uses the Site on behalf of another person or entity, User represents and warrants that User is an authorized agent of such person or entity and is authorized to bind such person or entity to these Terms of Use. If you object to anything in these Terms of Use or the Years Ahead Privacy Policy, do not understand or agree to be bound by these Terms of Use or the Years Ahead Privacy Policy, or are not authorized to bind the person or entity you represent to these Terms of Use or the Years Ahead Privacy Policy, do not use the Site and exit immediately.

User may print a copy of these Terms of Use by using the print button or feature in the browser. Years Ahead suggests retaining a copy for future reference. User understands and agrees that Years Ahead may revise these Terms of Use at any time effective upon posting on the Site, and by continuing to use the Site, User agrees to be bound by future revisions. It is User’s responsibility to periodically visit the “Terms of Use” link at the bottom of the home page to review the most current version of these Terms of Use.

1. Acceptance of Terms of Use Agreement.These Terms of Use set out the legally-binding terms and conditions applicable to the Site. These Terms of Use include the Years Ahead Privacy Policy, which is incorporated herein by reference. In addition, by using the Site, User understands and agrees that these Terms of Use were provided to User and that User had an opportunity to review and decline to accept these Terms of Use.

2. Eligibility. As a prerequisite to using the Site, User represents and warrants that it currently meets and will continue to meet the following eligibility conditions, as applicable (“Eligibility Conditions”): (A) if User is a care seeker: (i) User is at least 18 years old; (ii) User has the right, authority and capacity to enter into these Terms of Use; and (iii) User agrees to abide by these Terms of Use; and (B) if User is a care provider: (i) User has the right, authority and capacity to enter into these Terms of Use; (ii) User agrees to abide by these Terms of Use; (iii) User does and will comply with all relevant laws and regulations, including without limitation being authorized to provide services in the jurisdiction in which it seeks to provide services and meeting all licensing and certification requirements in its jurisdiction; and (iv) User’s use of the Site does not and will not violate any agreement, law or regulation, including without limitation federal or state anti-kickback or other laws or regulations that prohibit payment by care providers of fees for referrals of patients. By using the Site, User understands and agrees that Years Ahead may rely on the above Eligibility Conditions as true. User understands and agrees that Years Ahead may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site immediately. User understands and agrees that Years Ahead does not independently verify that any or all of the Eligibility Conditions are met by any other User. If Years Ahead becomes aware of violations to the Eligibility Conditions by any User, it may suspend and/or terminate such User with or without notice. Years Ahead expressly disclaims, and each User expressly releases Years Ahead from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to any inaccuracy, untimeliness or incompleteness of a User’s Eligibility Conditions.

3. The Site Offers a Venue. The Site offers a venue to connect care seekers with care providers. User understands and agrees that Years Ahead has no control over the acts or omissions of any User on or off the Site and that Years Ahead makes no representations or warranties about the quality of the services provided by any care providers. User understands and agrees that Years Ahead is not responsible for the performance or conduct, whether on or off the Site, of any User. As such, Years Ahead expressly disclaims, and each User expressly releases Years Ahead from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of Users on or off the Site.

4. Disclosures Regarding Referral Process. To facilitate the connection of care seekers to care providers, Years Ahead may elicit information regarding care seekers’ needs and preferences and identify care providers that may meet care seekers’ needs and preferences. Years Ahead may share the names of care providers with care seekers and may also forward information about care seekers to the care providers that may meet care seekers’ needs and preferences. Years Ahead does not have any special knowledge or insight as to the relative quality or efficiency of the services delivered by care providers nor does it attempt to influence a care seeker to transact with one care provider or another. Years Ahead’s services are provided at no charge to care seekers. Care providers may be listed on the Site at no charge, but may pay a fee to Years Ahead to use the Site and become eligible for the referral of care seekers whose needs and preferences fit the care providers’ qualifications and services. Any fees charged by Years Ahead shall reflect the fair market value, established by an independent valuation expert, of the services Years Ahead may provide to care providers. The Years Ahead network of care providers is designed to be open and protective of care seeker and care provider choice; any and all care providers that meet the eligibility requirements set forth in Section 2 may use the Site. Years Ahead does not influence a care seeker to transact with one care provider over another.

5. No Professional Advice; Information Only. Any information, materials, content and/or advice on the Site are for informational purposes only and should not be used, interpreted or relied upon as medical or other professional advice, direction or guidance. Any collection of information, including without limitation collection of information about a care seeker’s needs and preferences, from care seekers by Years Ahead is intended solely to facilitate the identification of care providers who may be appropriate for care seekers’ needs and preferences, and in no way constitutes the practice of medicine nor the provision of medical or other professional advice, direction or guidance. Before acting on any information, materials, content and/or advice on the Site, care seekers should first seek the advice of appropriately-trained and qualified professionals. If care seeker has specific concerns or a situation arises requiring professional advice, care seeker should consult with appropriately-trained and qualified professionals. Years Ahead expressly disclaims, and each care seeker expressly releases Years Ahead from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to the information, materials and content on the Site.

6. Phone Support Services. Phone support services, including telephone communications with Years Ahead and the disclosure, receipt, acceptance and/or use of information in connection therewith (“Phone Support Services”) are subject to these Terms of Use, and each use of Phone Support Services constitutes a use of the Site subject to these Terms of Use. Years Ahead provides Phone Support Services for informational purposes only and does not deliver any medical or other professional advice, direction or guidance. User’s disclosure, receipt, acceptance and/or use of any information in connection with Phone Support Services is User’s further express understanding and agreement to be bound by these Terms of Use, including without limitation all limitations, releases and indemnities in these Terms of Use. User further understands and agrees that any transaction with another User following the disclosure, receipt, acceptance and/or use of information is a transaction between Users and not with Years Ahead. If User uses Phone Support Services, then User expressly agrees to release Years Ahead, and Years Ahead hereby expressly disclaims, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the use of Phone Support Services, including without limitation the disclosure, receipt, acceptance and/or use of information in connection with Phone Support Services.

7. Transactions are Between Users; Release. Users transact between themselves. Years Ahead expressly disclaims, and each User expressly releases Years Ahead from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to disputes between Users.

8. Use of the Site. User understands and agrees to use the Site in a manner that is lawful, relevant and proper. Any use of the Site that Years Ahead, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Further, Years Ahead reserves the right to suspend and/or terminate any User with or without notice at any time in its sole discretion, for any reason or no reason. User understands and agrees not to, and not to permit or encourage anyone else to:

  • Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
  • Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
  • Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
  • Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
  • Take any action that would undermine any aspect of the Site;
  • Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
  • Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
  • Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Site, except where sponsored or created by Years Ahead;
  • Impersonate another person or allow any other person or entity to use your user name, password or account;
  • Post the same content repeatedly or spam – spamming is strictly prohibited;
  • Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site;
  • Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
  • Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or
  • Restrict or inhibit any other User from using and enjoying the Site.

Years Ahead reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to Years Ahead in its sole discretion. User may report any alleged improprieties by any User to Years Ahead by email at support@yearsahead.com.

9. Account Security. User is responsible for maintaining the confidentiality of passwords and account information for the Site and User is fully responsible for all activities that occur under User’s account. User agrees to immediately notify Years Ahead of any unauthorized use of accounts or any other breach of security.

10. Links to Third Party Websites. The Site may contain links to third party websites, which are provided solely for convenience. User understands and agrees that Years Ahead does not control or endorse such third party websites, any products or services that are made available by such third parties or any advertisements displayed on, through or in connection with such third party websites. User understands and agrees that use of such third party websites is at User’s own risk, that such third party websites are governed by such third party’s terms of use and privacy policies, and that Years Ahead is not responsible for the privacy practices or other policies of such third party websites. Years Ahead expressly disclaims, and each User expressly releases Years Ahead from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to such third party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services.

11. COPPA Compliance. The Site is intended for people 18 and older. Years Ahead will not knowingly collect any information from children under the age of 13. User must identify their age during the registration process. Years Ahead expressly disclaims, and each User expressly releases Years Ahead from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. Years Ahead reserves the right to suspend and/or terminate with or without notice the account of any User who it believes has provided false information when registering for and/or using the Site and each User agrees to make no further use of the Site after termination and/or during suspension.

12. User Information. “User Information” is defined as any information, content and/or materials User posts on the Site, submits to Years Ahead and/or submits to any other User on or through the Site or by any other medium or method, including without limitation in connection with registration and User profiles. “User Information” also includes any information about a User that Years Ahead obtains from publicly available sources such as state licensing authorities and includes on the Site. Years Ahead will use User Information in accordance with the Years Ahead Privacy Policy. Years Ahead acts as a passive conduit for User Information and User is solely responsible for its User Information. User understands and agrees that Years Ahead does not independently verify that any or all of the User Information is accurate, timely or complete. Years Ahead will not be responsible for the acts of other Users with respect to User Information. Years Ahead expressly disclaims, and each User expressly releases Years Ahead from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any User Information, including without limitation to any acts of or reliance upon by other Users with respect to such User Information and/or any comments made by User about others and/or any claims of inaccuracies with respect to User Information that Years Ahead obtains from publicly available sources.

Except with respect to User Information that Years Ahead obtains from publicly available sources, User represents and warrants that it is the owner or licensee or otherwise has the right to disclose such User Information and, in exchange for being permitted to use the Site, User grants to Years Ahead an irrevocable, perpetual, non-exclusive, fully-paid, world-wide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such User Information and to prepare derivative works of, or incorporate into other works and to grant sublicenses to any of the above.

User represents and warrants that its User Information: (A) shall not be inaccurate, untimely, incomplete or misleading, including without limitation in connection with registration, User’s profile and/or use of the Site; (B) shall not infringe any third party’s rights, including without limitation copyright, patent, trademark, trade secret or other propriety right or rights of publicity or privacy; (C) shall not violate any law, statute, ordinance, or regulation, including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or the provision of child care, senior care or health care; (D) shall not be defamatory, libelous, threatening or harassing; (E) shall not be obscene or contain pornography or be harmful to minors; (F) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network; and (G) shall not create liability for Years Ahead or cause Years Ahead to lose (in whole or in part) the services of the Years Ahead ISPs or other partners or supplies. Years Ahead may, but is not obligated to, review or delete any User Information that, in Years Ahead’s sole discretion, violates these Terms of Use. If Years Ahead becomes aware of inaccurate, untimely, incomplete or misleading User Information, it may suspend and/or terminate such User with or without notice. Each such suspended and/or terminated User agrees to make no further use of the Site during suspension or after termination.

13. Prohibited Uses. The Site is for the use of individual Users only and may not be used in connection with any commercial endeavors without the express written consent of Years Ahead. The Site may not be used by any person or organization to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with Years Ahead without express written consent of Years Ahead. User may not collect information, materials or content on the Site, including without limitation names, phone numbers, email addresses, profiles, copyrighted text, or job listings, or otherwise misuse or misappropriate Site information, materials or content, using manual or automated means, including without limitation though web scraping, without express written permission from Years Ahead.

14. Billing and Payment Policy. Years Ahead reserves the right, at any time, to modify its fees and/or billing methods. Upon registration for a paid account, care provider agrees to pay Years Ahead at the prices, frequency and method chosen by care provider, and care provider authorizes Years Ahead to charge its chosen payment provider in connection therewith. Any questions or issues regarding payments or payment obligations must be submitted in writing within seven (7) calendar days of such payments being made or payment obligations coming due, otherwise such payments and/or payment obligations shall be deemed accurate and final and accepted by such care provider. For further information about billing and payment policies, please contact Years Ahead by email at support@yearsahead.com. Years Ahead reserves the right to correct any payment errors even if it has already requested and/or received payment. While use of the Site may be free for care seekers, some services may be offered for a fee.

Years Ahead may use third party payment processing services to process credit card information. While Years Ahead will use commercially reasonable efforts to protect the privacy of all personal and financial information, Years Ahead expressly disclaims, and each User expressly releases Years Ahead from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to Years Ahead’s use of third party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about Years Ahead’s use of payment processing services, please contact Years Ahead by email at support@yearsahead.com.

15. Cancellation and Renewal. User accounts remain open until User requests a cancellation. To cancel an account, contact Years Ahead by phone at 1-877-719-3056, by email at support@yearsahead.com, or by changing User’s account settings. Care provider accounts will be automatically extended for successive renewal periods of the same durations as the term originally selected until care provider requests a cancellation. Years Ahead is not responsible for and will not reimburse any fees incurred by any Users from their bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by Years Ahead.

16. Suspension and Termination. Years Ahead may suspend and/or terminate a User’s account for any reason or for no reason at all and with or without notice and/or refund, all in Years Ahead’s sole discretion. Suspension and/or termination of a User’s account may include restricting access to and use of the Site and may also include the deletion of the content associated with the User’s account. Each such suspended and/or terminated User agrees to make no further use of the Site during suspension or after termination. Years Ahead reserves the right, but does not undertake any duty, to take appropriate legal action, including without limitation the pursuit of civil, criminal and/or injunctive redress against Users for continuing to use the Site during suspension or after termination, and User agrees that Years Ahead may recover its reasonable attorney’s fees and court costs from User for such actions. Even while the User’s account is suspended and after it is terminated, these Terms of Use will remain enforceable against such suspended and/or terminated User. All other terms that by their nature may survive suspension and/or termination of these Terms of Use shall also be deemed to survive such suspension and/or termination.

17. Intellectual Property Rights. All information, materials and content, including without limitation text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) on the Site is owned by Years Ahead or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Years Ahead also owns the coordination, selection, arrangement and enhancement of such Proprietary Materials as a collective work under the United States Copyright Act, as amended. User may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without Years Ahead’s prior express written permission. Furthermore, User is not allowed to post, distribute or reproduce any User Information that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject User to suspension and/or termination from the Site and/or civil and/or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of Years Ahead and/or the relevant right holder.

The service marks, trademarks, logos and trade names appearing on this Site are owned by Years Ahead or are appearing on the Site with permission of the respective owners and User acknowledges the rights of Years Ahead and the respective third parties therein. User may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.

18. Copyright Complaints and Copyright Agent. It is Years Ahead’s policy to terminate any User who infringes the rights of others upon receipt of notification to Years Ahead by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. Upon receipt of proper notice of claimed infringement under the DMCA, Years Ahead will respond to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. If you believe that your work has been copied and posted on or made accessible through the Site in a way that constitutes copyright infringement, please provide Years Ahead’s designated agent with the following information:

  • An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location on the Site where the material the User claims is infringed is located. Include enough information to allow Years Ahead to locate the material;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • A statement by you made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Years Ahead’s Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following address: by e-mail support@yearsahead.com, with the subject line “DMCA” or by mail, General Counsel and Copyright Agent, Years Ahead, 20 West Kinzie Street #1500, Chicago, IL 60654.

19. Notice of Availability of Filtering Software. Pursuant to the Communications Decency Act, all Users are hereby informed by Years Ahead, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov in the whitepaper entitled Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies.

20. Privacy Policy. Years Ahead’s Privacy Policy located on the Site as modified by Years Ahead from time to time is a part of these Terms of Use and is incorporated herein by this reference. By using the Site, User understands and agrees that User has reviewed and agrees to the Privacy Policy.

21. U.S. Export Controls. The Site is subject to United States export controls. No part of the Site may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, User represents and warrants that User is not located in, under the control of, or a national or resident of any such country or on any such list.

22. No Third Party Beneficiaries. FUser understands and agrees that, except as otherwise expressly provided in these Terms of Use, there shall be no third party beneficiaries to these Terms of Use.

23. Limited License. Years Ahead grants User a nonexclusive, revocable right to use the Site for the authorized purposes stated in these Terms of Use provided that User does not: (A) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code; (B) modify or attempt to modify the Site in any manner or form; or (C) violate these Terms of Use.

24. Modifications to the Site. Years Ahead reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site and/or any information, materials or content on the Site with or without notice to Users. User agrees that Years Ahead shall not be liable to User or any third party for any modification or discontinuance of the Site or any portion thereof. Further, in the event that Years Ahead creates, supplements or modifies care provider’s profile or information on the Site, Years Ahead expressly disclaims, and each User expressly releases Years Ahead from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to Years Ahead’s creation, supplementation or modification of care provider’s profile or information on the Site.

25. No Joint Venture. User acknowledges that it is not legally affiliated with Years Ahead in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by User’s use of the Site or these Terms of Use. As such, User shall not have, or hold out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on Years Ahead, except as provided herein or authorized in writing by Years Ahead. Years Ahead is not an employment service or agency, does not serve as an employer of Users and does not recruit Users for employment, secure employment for Users or evaluate or test Users for employment purposes.

26. Limitations on Use. In the interest of maintaining the performance and availability of the Site and in enforcing these Terms of Use, Years Ahead reserves the right to place certain limitations on Users’ access to the Site. User acknowledges that this term supersedes any specific offer made by Years Ahead and that these limitations may be enforced in Years Ahead’s sole discretion. If User feels that these limitations are interfering with legitimate use of Years Ahead in keeping with the Terms of Use, User agrees to refer this concern to Years Ahead and abide by the determination of the Years Ahead.

27. Assumption of Risk. User assumes all risks when using the Site, including without limitation all of the risks associated with any online or offline interactions with other Users. User agrees to take all necessary precautions when interacting with other Users.

28. Disclaimer of Warranties. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER’S SOLE RISK. YEARS AHEAD DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITE WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; (C) THE PROPER CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USERS; AND (D) THE USE OF PHONE SUPPORT SERVICES. YEARS AHEAD DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. YEARS AHEAD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. YEARS AHEAD SHALL NOT BE LIABLE FOR, and each User expressly releases Years Ahead from, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SITE.

28. Disclaimer of Warranties. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER’S SOLE RISK. YEARS AHEAD DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITE WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; (C) THE PROPER CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USERS; AND (D) THE USE OF PHONE SUPPORT SERVICES. YEARS AHEAD DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. YEARS AHEAD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. YEARS AHEAD SHALL NOT BE LIABLE FOR, AND EACH USER EXPRESSLY RELEASES YEARS AHEAD FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SITE.

29. Limitation of Liability. Under no circumstances will Years Ahead be liable to User or any OTHER USER OR third party for any DIRECT, indirect, incidental, consequential, special, punitive or exemplary damages. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, the aggregate liability of Years Ahead To ANY USER will not exceed the total amounts paid by SUCH User in the twelve (12) months prior to the event giving rise to the claim or cause of action or one thousand dollars, whichever is greater.

30. Indemnification. USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS YEARS AHEAD FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEY’S FEES AND COURT COSTS, INCURRED BY YEARS AHEAD IN ANY WAY RELATED TO: (A) USER’S ACTS AND/OR OMISSIONS ON OR OFF THE SITE; (B) USER’S BREACH OF THESE TERMS OF USE; (C) USER’S DISPUTES WITH OR BETWEEN OTHER USERS; (D) USER’S USE AND/OR MISUSE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, CONTENT AND/OR MATERIALS THEREON; (E) VIOLATION OF ANY APPLICABLE LAW OR REGULATION, INCLUDING, WITHOUT LIMITATION, FEDERAL OR STATE ANTI-KICKBACK OR OTHER LAWS OR REGULATIONS THAT PROHIBIT PAYMENT BY CARE PROVIDERS OF FEES FOR REFERRALS OF PATIENTS; (F) INACCURATE, UNTIMELY, INCOMPLETE OR MISLEADING USER INFORMATION, INCLUDING WITHOUT LIMITATION WITH RESPECT TO REGISTRATION, PROFILE AND/OR ELIGIBILITY CONDITIONS; (G) USER’S MISSTATEMENTS AND/OR MISREPRESENTATIONS; (H) USER’S USE OF LINKS TO THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION SUCH WEBSITES’ AVAILABILITY, TERMS OF USE, PRIVACY POLICY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, PRODUCTS AND/OR SERVICES; (I) USER INFORMATION AND ANY ACTS OR OMISSIONS WITH RESPECT TO SUCH USER INFORMATION; (J) USER’S USE OF THIRD PARTY PAYMENT PROCESSING SERVICES; (K) USER’S USE OF PHONE SUPPORT SERVICES (DEFINED ABOVE); AND/OR (L) USER’S USE OF ANY SERVICES OR PRODUCTS OR ANY CONTRACTS OR ARRANGEMENTS MADE OR PROVIDED BASED ON INFORMATION, CONTENT AND/OR MATERIALS OBTAINED ON OR THROUGH THE SITE. USER FURTHER AGREES THAT IT WILL COOPERATE AS REQUESTED BY YEARS AHEAD IN THE DEFENSE OF SUCH CLAIMS. YEARS AHEAD RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY USERS, AND USER SHALL NOT, IN ANY EVENT, SETTLE ANY CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF YEARS AHEAD.

32. Arbitration. Any controversy, claim, suit, injury or damage arising from or in any way related to the Site or Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by Years Ahead. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in Chicago, Illinois, and judgment of the arbitration award may be entered into any court having jurisdiction thereof. Years Ahead may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, Illinois, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.

33. Confidential Information. User shall keep and protect all confidential information received from Years Ahead confidential as it protects its own most confidential information and shall not share such information with any third party, except to the extent that disclosure or use of such information is reasonably necessary to perform its obligations in connection with these Terms of Use and to be in compliance with applicable law and regulation. These obligations of confidentiality shall not apply with respect to information that is independently developed, lawfully becomes a part of the public domain, or where User gained knowledge or possession free of any confidentiality obligation.

34. General Provisions. Failure by Years Ahead to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects and use of the Site, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. User agrees that Years Ahead may take such action as it deems appropriate in its sole discretion should Years Ahead determine in its sole discretion that User has violated any representation or warranty or any other provision of these Terms of Use. Years Ahead reserves the right, but does not undertake any duty, to take appropriate legal action, including without limitation the pursuit of civil, criminal and/or injunctive redress against User for violating these Terms of Use and/or continuing to use the Site after termination or during suspension and User agrees that Years Ahead may recover its reasonable attorneys fees and court costs from User for any such actions. These Terms of Use constitute the entire agreement between User and Years Ahead with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect.

35. Contact. Years Ahead may be contacted at:

By email: support@yearsahead.com
By phone: 1-877-719-3056
By mail: 20 West Kinzie Street #1500, Chicago, Illinois 60654