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TERMS OF USE

Last Updated: September 2, 2024

Please read this TERMS OF USE carefully before using www.abetterwaydementiacaresolutions.com

www.abetterwaydementiacaresolutions.com is a SERVICE-BASED BUSINESS, ONLINE COMMUNITY, BLOG, and E-COMMERCE website. Website (“the Website”) available at www.abetterwaydementiacaresolutions.com. A Better Way- Dementia Care Solutions, LLC and its affiliates (“we”, “us” or “our”) grant access to the Website to you subject to these terms (the “Terms of Use”). By using the Website, you agree to these Terms of Use. Please immediately stop use of the Website if you do not agree to these terms. These Terms of Use also include our Privacy Policy, and Website Disclaimer, which can be found in links at the footer of our website.

Conditions to Use the Website.

Your permission to use the Website is conditioned on your agreement that you:

· Are at least 18 years old

· Will comply with these Terms of Use;

· Refrain from any of the acts listed in the Prohibited Conduct section of these Terms of Use;

· Will not copy or distribute any part of the Website in any form without our written consent;

· Will provide accurate information when creating accounts or registering for the website;

· Will not use the Website for any commercial purposes other than the specific commercial activities contained on the

Website and will not use it to obtain data or personal information about any other users or to solicit other users;

· Have ownership and sole responsibility for any content provided by you on the Website or to us;

· Agree we have the right to remove any and/or all of your content and terminate your account with or without notice.

Prohibited Conduct.

By using the Website, you agree not to:

· Conduct or promote illegal activities;

· Attempt to reverse engineer or obtain the code of the Website software (including tools, methods, processes, and

infrastructure);

· Attempt to gain access to secured portions of the Website;

· Engage in the automated use of the system, such as the use of data mining robots, or any manual process to harvest

information from the Website;

· Hack into the accounts/profiles of other users;

· Infringe upon the copyright of us or third parties whose content is hosted on the Website;

· Share your account/ profile information with any third parties

· Use the Website to generate spam;

· Use our services as part of any effort to compete with us;

· Interfere in any way with the functioning of the Website;

Your Account/Profile.

You may be required to create an account and/or profile to access certain content on the Website. You agree only to provide truthful and accurate information, and keep it up to date. If your privilege to use the Website is at any time terminated by us, you may not use the Website under any new or alternative account. Sharing your account login is prohibited and will result in your access being terminated. You are solely responsible for any and all access to the Website via your account login. If you believe your login has been compromised, notify us immediately by one of the methods listed in the Contact section of these Terms of Use.

Your Content.

By providing any form of content to us or through the Website, you expressly agree that we may use that content, referred to as “User Generated Content” or “UGC”. UGC may include images, videos, pictures, comments, posts, files, or anything else provided by you. If any UGC violates these terms we may remove it, terminate user accounts, or take other actions. We are not responsible for any harm to you caused by other users’ UGC. You agree not to post or use any UGC in any way that:

· Infringes the copyright, trademark, or other intellectual property or proprietary rights of third parties

· Violates the privacy, publicity, or other rights of third parties

· Is unlawful, untrue, inaccurate, defamatory, discriminatory, pornographic, abusive, threatening, harassing, hateful,

encourages criminal conduct, or may give rise to civil liability, violate any law, or is otherwise inappropriate, as

determined by us in our sole discretion

· Could damage our company, representatives, affiliates, advertisers, or other parties.

Products or Services.

The following terms in these Terms of Use are applicable to those who make any purchase through the Website.

1. Product/ Service Descriptions. It is our intention and efforts to put accurate product information, descriptions, and images on the Website. However, it is your responsibility to fully vet any product or service prior to purchase. We are not responsible for any mistakes, omissions, or inferences made from product or service descriptions. Descriptions may be changed by us at any time without notice.

2. Prices. Prices for our products and services may change at any time without notice. We are under no obligation to honor a previously posted price for a purchase. Prices for delivery (if applicable) and or tax (if required by law) are not included in the price and will be charged to the purchaser at the time of purchase. Payment is due upon placing an order unless alternative payment arrangements are agreed in writing. Acceptable payment methods are disclosed on the checkout page.

3. Modifications. We may modify or discontinue any product or service without notice at any time.

4. Discretion. We reserve the right to refuse a sale to anyone at our sole discretion.

Promotions, Sweepstakes, and other Contests.

We may offer special promotions, contests, and/or sweepstakes intended to provide you an incentive to use, engage with, or promote the Website and/or purchase our products or services. The applicable rules will be posted on the Website in or near the description of each such promotion. We reserve the right to interpret the rules related to any such promotion, contest, or sweepstakes in our sole discretion, and you agree to our interpretation.

General Maintenance.

We may make the website unavailable for periods of time for general maintenance, or for any reason we deem appropriate. We make no guarantee as to a length of time the website may be unavailable. We are not liable to you for any issue that may arise from the Website’s unavailability.

Termination.

We may alter or discontinue the Website or any of the services provided at any time without notice. The agreement between us and you will automatically terminate if, in our sole discretion, you violate any of these Terms of Use. A termination will result in the immediate removal of access to the Website. The Disclaimers of Warranty and Limitation of Liability, and all terms and conditions related to your content, and Indemnity sections will survive the termination.

Indemnity.

You agree to defend, indemnify, and hold harmless us, our officers, directors, representatives, employees, agents, affiliates, and related companies from and against any and all claims, damages, obligations, losses, liabilities, and/or costs (including reasonable attorney's fees) arising from (i) your violation of any term of these Terms of Use; (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights; or (iii) any claim that any of your UGC causes damage to a third party.

Intellectual Property.

All content on the Website provided by us is provided to you for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent. We reserve all rights not expressly granted in and to the Website. We, or anyone we obtained a license from, retain ownership of all intellectual property rights of all kinds associated with the Website, including trademarks, copyrights, and other rights such as trade secrets. Through the use of this Website and these Terms of Use, you are not in any way licensed any intellectual property rights described here or that may exist. We reserve all rights that are not specifically granted to you in writing. We retain, to the maximum extent possible, all ownership of all the text, software, scripts, graphics, photos, sounds, features, and the trademarks, service marks, and logos contained on the Website ("Marks"), unless they are marks used by Merchants who have provided them to us for use on this Website. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the laws of our respective jurisdictions, and international laws.

You retain intellectual property rights in any copyrighted materials and trademarks that are contained in UGC that you post to the Website. By posting UGC, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, full license, to use said UGC in any and every way we choose.

If you believe the Website in any way has infringed on your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) in writing to us by the method listed in the Contact section below. with the Subject: “copyright notice.”

Entire Agreement.

These Terms of Use as well as the Privacy Policy and Website Disclaimer, constitute the entire agreement of the parties with respect to the Website. No waiver by either party of any breach or default will be a waiver of these Terms, or any preceding or subsequent breach or default. There are no third-party beneficiaries of these Terms of Use. They are not assignable, and any attempt to do so will be invalid.

Choice of Law.

To the maximum extent authorized by law, the laws of the State of Florida govern the interpretation of these Terms of Use and any disputes arising in connection with it, regardless of conflict of laws principles.

Dispute Resolution.

Any claim or dispute between you and us, our officers, directors, agents, parent companies, and vendors that arises out of or relates to this Agreement or use of the Website will be decided exclusively by a court of competent jurisdiction located in Florida. The prevailing party shall pay its fees and litigation expenses.

Headings.

The section headings used in these Terms are for convenience only and shall be of no legal force or effect.

Severability.

If any provision of these Terms of Use is held invalid by a court of competent jurisdiction, it will not affect the enforceability of any other provisions in these Terms of Use, and the remaining portions of these Terms of Use will continue in full force and effect.

Contact. A Better Way- Dementia Care Solutions, LLC is located in Coconut Creek. FL, If you have questions about these Terms of Use, you may contact A Better Way- Dementia Care Solutions, LLC:

Email at carlyn@abetterwaydementiacaresolutions.com

Changes to Terms of Use.

We may modify any of these Terms and/or our Privacy Policy and Website Disclaimer at any time at our sole discretion. We will notify you of such change by posting the modified Terms or Policy on the Website. We have no obligation to send you any other form of notice. Any changes to these Terms of Use our Privacy Policy, or our Website Disclaimer will be effective immediately when posted on our Website. We suggest you visit and review this section of our Website from time to time to stay up to date with our Terms and Policies. Your use of the Website will be deemed as your acceptance of these terms.

Last updated: February 20, 2025

This Privacy Policy describes how A Better Way- Dementia Care Solutions, LLC (“we” or “us”) collects, uses, and shares your personal information when you use our website www.abetterwaydementiacaresolutions.com and any of our subdomains (the “Website”).

Topics:

Personal information we collect
How we use your personal information
How we share your personal information
How we store your data
Email marketing
Behavioral advertising
Your data protection rights
Third party websites
Changes
Contact Us

Personal information We Collect

When you visit the Website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Website, and information about how you interact with the Website. We refer to this automatically collected information as “Device Information”.

We collect Device Information using the following technologies:

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org
“Log files” track actions occurring on the Website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
“Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Website.

We use Device Information for:

Functionality: To recognize you on our website and recognize your previously selected preferences, including your preferred language and your location.
Advertising: To collect information about your visit, the content you viewed, the links you followed, and information about your web browser, device, and IP address. We sometimes share limited aspects of this data with third parties for advertising purposes.
Affiliate Marketing: To track which member of our affiliate team referred you to us for the purpose of granting commissions to them if you purchase form us

You can set your browser not to accept cookies, and the website above tells you how to remove cookies from your browser. Some of our website features may not function if you disable cookies. Please note that we do not alter our Website’s data collection and use practices when we see a Do Not Track signal from your browser.

We also collect data you provide to us directly. We refer to the data you provide as “Provided Information.” We collect and process data you provide when you:

Register online or place an order for any of our products or services
Voluntarily complete a customer survey or provide feedback on any of our message boards, via our contact form, or via email
Provide your email address in exchange for access to a free resource
Sign up for our email newsletter or subscribe to any of our regular content
Submit an intake form or application form for any of our services or programs

The Provided Information we collect may include:

Personal identification information (name, email address, phone number, etc.)
Billing information (billing address, shipping address, payment information, including credit card numbers, etc.)

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Provided Information.

How we use your Personal Information

We use the Provided Information that we collect generally to fulfill any orders placed through the Website (including processing your payment information, delivering products, and providing you with invoices and/or order confirmations). Additionally, we use Provided Information to:

Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Website (for example, by generating analytics about how our customers browse and interact with the Website, and to assess the success of our marketing and advertising campaigns). We also use Device Information to track affiliate referrals for the purpose of granting commissions to our affiliates.

How we share your Personal Information

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our visitors use the Website - you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.]

The types of third parties with whom we might share elements of your Personal Information include:

Payment processors engaged by us to securely store and handle payments information, such as credit or debit card information
Providers of email management and distribution tools
Providers of security and fraud prevention tools and services
Providers of data aggregation and analytics software services that allow us to effectively monitor and optimize our site
Providers of affiliate marketing tracking and analytics software services that allow us to provide an affiliate program and grant commissions to affiliates
Providers of client management systems to help us track and communicate with potential clients

We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

How we store your data

We process and store your data using the following providers:

Attractwell, Bluehost, Stripe

Please visit their individual websites for information on the physical location of their servers where your information is stored.

We use commercially reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of any information that may be stored on our servers. Of course, no computer network or data transmission on the internet can be guaranteed to be 100% secure and so you submit your information at your own risk.

We will maintain your Personal Information for our records unless and until you ask us to delete this information.

Email Marketing

If you make a purchase on this Website, download a free resource in exchange for your email address, and/or opt in to receive emails, you agree to receive email communications from this site, including but not limited to newsletters, site updates, promotions, and other announcements and correspondence. We are not responsible for the receipt of any such emails. You are responsible for ensuring that our email address(es) are not blocked or forwarded to your spam folder.

You have the right at any time to stop us from contacting you for marketing purposes. If you opt to unsubscribe from receiving emails, you understand that you may no longer receive information or updates from this Website, including promotions or product updates.

Behavioral Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work

You can opt out of targeted advertising by using the links below:

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at http://optout.aboutads.info/

Your Data Protection Rights

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. Under certain conditions, you may also have the right to restrict or object to our processing of your data, and to request that we transfer your Personal Information to another organization. If you would like to exercise any of these rights, please contact us through the contact information below.

Additionally, if you are a European resident, we note that we are processing your information to fulfill contracts we might have with you (for example if you make an order through the Website), or otherwise to pursue our legitimate business interests listed above. Please note that your information will be transferred outside of Europe, including to Canada and the United States.

Third Party Websites

Our privacy policy applies only to our website. We are not responsible for the data collection, privacy practices or policies of any third-party site to which we may provide a link or that may link to our site. We encourage you to read the privacy statement and terms of use of other sites.

Changes

We may update this privacy policy from time to time to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. The date of the last revision will be indicated by the “Last updated” date at the top of this page. Any such changes are effective immediately upon publication on our Website.

Complaints

Please contact us if you have any complaints about how we use your Personal Information so we can resolve the issue whenever possible. Residents of the European Union also have the right to lodge a complaint with your local data protection regulator, such as the Information Commissioner’s Office in the UK. California residents can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

For more information about our privacy practices, if you have questions, or if you would like to exercise your data protection rights, please do not hesitate to contact us.

Email us: carlyn@abetterwaydementiacaresolutions.com

Revisions.

This Privacy Policy may be revised at any time. We will post any such changes to this page and may otherwise post other alerts on the website or communicate such changes through email. If you no longer agree to the policy as revised, please immediately stop use of this site.

DISCLAIMER

Last Updated: September 2, 2024

Please read this DISCLAIMER carefully before using www.abetterwaydementiacaresolutions.com

Website operated by A Better Way- Dementia Care Solutions, LLC ("us", 'we", "our"). The content displayed on this website is the intellectual property of A Better Way- Dementia Care Solutions, LLC.

Professional Content.

All information posted on the website is soley for educational and informational purposes only. It is not intended as a substitute for professional advice such as legal, financial, tax, medical, or any other professional advice or service. The owner and contributors of this website do not guarantee the accuracy or completeness of the information presented. Should you decide to act upon any information on this website, you do so at your own risk.

Disclaimers of Warranty.

We provide the website and the related products and services "as is", “where is”, and "as available." We make no express and/or implied warranties or guarantees about the website, the products, and/or services described. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED, ARE ERROR-FREE, RELIABLE, OR AVAILABLE AT ALL TIMES. WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SERVICES; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE USE OR INABILITY TO USE THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES, OR CIRCUMSTANCES OVER WHICH WE HAVE NO CONTROL.

Limitations of Liability.

WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE DISPUTES OR CLAIMS WITH US IS TO STOP USE OF THE WEBSITE. NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. THIS PARAGRAPH DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE LAW.

In connection with this release, you expressly waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Affiliate Links.

Our website may contain links to third-party websites for services or products which we receive a commission or other form of payment or benefit if you make a purchase using our link. A Better Way- Dementia Care Solutions, LLC makes no representation, assurance, or guarantee regarding third-party products and services, and we will have no liability for your choice to purchase any product or service using any affiliate link on our website.

Links to Other Sites.

We may have links to third-party websites that are not owned, controlled, or operated by us. We do not assume any responsibility for the content, privacy policies, or practices of any other websites or their owners. Your choice to access a third-party link is at your own risk.

Testimonials.

All testimonials on the website are the thoughts and opinions of the person making the statement and do not create any guarantee by us that you will achieve the same results. Testimonials may be given by affiliated parties, so long as they actually received the services or products described. Parties may have received a discount, or some other benefit in exchange for their testimonial.

We reserve the right to change this policy at any given time, which will be updated by posting on the website. To keep up to date with the latest changes, we advise you to frequently visit this page.

Carlyn Lenfestey, PT, MPT, CDP, CADDCT

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