Terms of Service

Each of the Web sites, mobile sites, mobile applications, products, services and other technologies we offer for use by consumers  (referred to herein as the “Service” or “Staying Sharp” for ease of reference) is owned and operated by AARP or an AARP subsidiary or affiliate, collectively “we,” “us,” or “AARP.” Users of the Service, referred to herein as “you” or “users,” include AARP members and non-members. Non-members who purchase access to the Service are also referred to herein as “subscribers.” Accessing the Service, in any manner, whether automated or otherwise, constitutes use of the Service, and your agreement to be bound by these Terms of Service. By using the Service, you agree to use the Service in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Service or to products and services available on or through the Service.

We reserve the right to modify these Terms of Service at any time, in which case the revised Terms of Service will appear on the Service. Continued use of the Service after we post any such changes will constitute your acceptance of the Terms of Service, as modified.

We also reserve the right to terminate your use of and access to the Service (or any part thereof) without prior notice, including if you do not comply with these Terms of Service at any time. In the event of any termination, any restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service shall survive. In our sole discretion and without prior notice or liability, we may discontinue or modify any aspect of the Service. Further, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to or use of the Service in accordance with the terms set forth herein, except for a refund of any prepaid fees or charges, as applicable.

If you do not agree with the Terms of Service, or the revised Terms of Service as may be updated from time to time, do not use the Service or any of the products or services available on or through the Service.

AARP is a nonprofit, nonpartisan organization that helps people 50-plus have independence, choice, and control in ways that are beneficial and affordable to them and society as a whole. AARP does not endorse, support, or oppose political candidates or parties, and does not have a PAC.

The Service, including content and products, herein are offered for informational purposes and to educate users on brain health care and medical issues that may affect their daily lives. Nothing in the Service should be considered, or used as a substitute for, medical advice, diagnosis, or treatment. This Service and its features, tools, and resources do not constitute the practice of any medical or other professional health care services, advice, diagnosis, or treatment. You should always seek the advice of a physician or other qualified health care provider for diagnosis and treatment of your specific medical needs, for questions regarding personal health or medical conditions, and before beginning or changing any treatment, activity, program or dietary plan.

(A) AARP’s Limited License to You. This Service and all the materials contained on it are our property and/or the property of our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. We provide the Service for personal noncommercial use only. You may only use this Service and the materials on it as authorized by us. You may not use this Service or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use the Service (or any portion of the Service) for violation (whether repeated or not) of copyrights or any other rights belonging to us or a 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 email or other electronic means) any material from the Service. Information about permission to reproduce or distribute materials from the Service can be obtained by emailing permissions@aarp.org.

(B) Your License to AARP. By posting or submitting any material (including, without limitation, text, photos, and videos) to the Service, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use; and (ii) that you are 13 years old or older. 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.

When you submit or post material, you grant to us the royalty-free, perpetual, irrevocable, nonexclusive right and license 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. This grant shall include the right to exploit any proprietary rights in any such material.

(C) Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Service in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice by U.S. Mail to AARP, 601 E Street, N.W., Washington, D.C. 20049, Attn: AARP Brand Protection, or by email to AARPBrandProtection@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 Service.

Please include the following information in your written notice:

1.      a detailed description of the copyrighted work that is allegedly infringed;
2.      a description of the location of the allegedly infringing material on the Service;
3.      your contact information, including your address, telephone number, and, if available, e-mail address;
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.      your statement, made under penalty of perjury, affirming that the information in your notice is accurate and you are authorized to act on the copyright owner’s behalf; and
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 Service, provided that the link does not state or imply any sponsorship of your site by AARP. However, you may not frame or inline link to any of the content of the Service, or incorporate into another website or other service any of our material or intellectual property without the written permission of AARP.

This Service may include interactive features, including, but not limited to, message boards, Web logs, e-mail services, and areas that allow uploading of user-generated content (the “Interactive Features”). You are responsible for any material that you post on message boards or provide through any other Interactive Features on the Service. We do not control the messages, information, or files that you or others may provide through the Service. This Service, 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 Service.
• 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 Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Usernames must be inoffensive, in accordance with all Community Guidelines, and not misleading. Examples of usernames that do not meet these requirements would be any that include profanities, rude/sexist/racist comments, the names of real people other than yourself, political or religious expressions, any phrases with the intent to incite, and recognizable trademarked names. Using “AARP” within your username is also not permitted as it is reserved for official AARP roles.
• Interfere with or disrupt any servers or networks used to provide the Service or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Service.
• Use the Service 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 Service, or any account, computer system, or network connected to this Service, 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 Service.
• Use the Service 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 Service to post or transmit any information, software, or other material that contains a virus or other harmful component.
• Use the Service 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 Service, without our written consent.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Service.

We shall have the right, but no obligation, to monitor the content of any message boards or other Interactive Features to determine compliance with these Terms of Service and any other operating rules we establish. We shall have the right in our 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 Service. Notwithstanding this right, users shall remain solely responsible for the content of their messages. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on the message boards or other Interactive Features of the Service, whether it is provided by us, our employees, or a third party. Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on information obtained through postings on the message boards or other Interactive Features of the Service. We are not responsible for any offensive, defamatory, or obscene posting made on the message boards or other Interactive Features of the Service. We reserve the right at all times to disclose any information we believe 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 our sole discretion are inappropriate, objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Service or any features of the Service to anyone who violates these Terms of Service, or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. Neither we nor any third-party content provider shall assume or have any liability for any action or inaction by us or any third-party content provider with respect to any conduct, communication, or posting on the message boards or other Interactive Features of the Service.

To access certain features of the Service, we may ask you to provide personally identifiable information such as your name, email address, zip code, and date of birth. You will provide true, accurate, current, and complete information about yourself for any registration form located on the Service. If we suspect that information you provide is untrue, inaccurate, or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse all current or future use of the Service. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

You may need a username and password to use certain features of the Service. By registering on the Service, you agree that you will not (i) select or use a username or email address of another person with the intent to impersonate that person; (ii) use a username or email address subject to the rights of any person without authorization; (iii) use a username in violation of the intellectual property rights of any person; or (iv) use a username 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 us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.

The Service may provide links to websites 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 us or our subsidiary companies. When you access these third-party sites, you do so at your own risk.

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

WE DO NOT WARRANT THAT THE SERVICE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SERVICE, INCLUDING ANY MESSAGE BOARDS, OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE 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. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES OR OTHER USERS OF ANY MESSAGE BOARDS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THIS SERVICE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE SERVICE OR THIRD-PARTY SITES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE.

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

Any financial information provided on the Service is for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Service 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 Service.

Certain sections of the Service may provide links to sites of third parties, where you may be able to purchase online many different types of products and services that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party. If you make a purchase from a merchant on a site linked to by the Service, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant. A merchant that offers or sells products or services through the Service may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. For more information about a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You agree that neither we nor our affiliates are responsible for any damages that you incur, and you will not assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Service.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR 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 SERVICE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SERVICE, EVEN IF WE 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, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.)

IN NO EVENT WILL WE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE 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 ANY MESSAGE BOARDS OR OTHER INTERACTIVE FEATURES, OR OUT OF THE BREACH OF ANY WARRANTY.

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

If you are not an AARP member and choose to subscribe to the Service, your payment method will be charged the then-current subscription fee for your initial 12 month term.  As long as you remain enrolled in the Service, and unless you contact us to cancel your subscription before the anniversary of your enrollment date, your payment method will be charged the then-current subscription fee for your next 12 month term on the anniversary date of your enrollment. A reminder notice will be sent to your email address on file with AARP. You can cancel at any time online by clicking here or by calling 1-866-747-7512. The amount of the charge for future renewal terms may increase or decrease. AARP will retain your payment information for future billing purposes.

Unless otherwise specified, we grant you a nonexclusive, nontransferable, limited right to access and use of all the tools in the Service for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a subscriber. You agree to be financially responsible for your subscription.

You understand and agree that you are solely and personally responsible for your behavior on the Service. You agree to indemnify, to defend, and to hold harmless AARP, its affiliates, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorney’s fees, resulting from or arising out of your use, misuse, or inability to use the Service or by any violation of these Terms of Service by you.

You agree that you will not use any robot, spider, Web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Service the prior expressed written permission of AARP or the appropriate third party.

These Terms of Service constitute the entire agreement between us and you with respect to the subject matter contained in this agreement and supersede all previous and contemporaneous agreements, proposals, and communications, written and/or oral. You also may be subject to additional terms and conditions that may apply when you purchase and/or use (i) additional products within the Service, and/or (ii) the products or services of a third party that are provided on or through the Service. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the District of Columbia without giving effect to any principles of conflicts of law. If any provision of this agreement between us shall be found unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The foregoing provisions of these Terms of Service are for our benefit and the benefits of our affiliates, third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.