SPECIAL LONGEVITY CALCULATOR
TERMS AND CONDITIONS
These Special Longevity Calculator Terms and Conditions (the "TOC") constitute a binding agreement between Flicker Technologies LLC, the owner and operator of the Livingto100.com website ("Flicker Tech") and you, governing the use of the Longevity Information, as defined below, and supplement the Livingto100.com Privacy and Legal statements found at the Livingto100.com Site (as defined below). By clicking "I ACCEPT," you agree to be bound by all of the terms and conditions set forth in the TOC. If you do not agree to the TOC, please exit this screen and click "I DECLINE."
Longevity Information Defined. The TOC governs the use of any and all information and data that you entered at the Livingto100.com website located at www.livingto100.com, and successor URLs (the "Livingto100.com Site"), in connection with your use of the Longevity Calculator (the "Calculator"), including, without limitation, any personally identifiable, private, personal and health-related information, as well as any additional information you have entered in conjunction with your potential participation in the Article (as defined below), including, without limitation, your name, age, date of birth, zip code, telephone number, occupation, and race (if provided by you), and also any results, including your projected lifespan, as processed by the Calculator (the "Longevity Information").
Limited Sharing of Longevity Information. You acknowledge and understand that, in connection with the production, by Gannett Co., Inc.'s USA WEEKEND Magazine (the "Magazine"), of an article or media story, in print, on-line or any other media (the "Article") regarding Flicker Technologies LLC, the Livingto100.com Site, Dr. Thomas Perls (the creator of the Calculator), and/or the Calculator, the Magazine may review and may use (in the Magazine's sole discretion) your Longevity Information. By clicking "I ACCEPT," you give your explicit consent, permission and license to Flicker Technologies LLC to share your Longevity Information with the Magazine, for the limited purpose of the Magazine's review and use related to the production, development, publication, and marketing of the Article; provided however, that, in connection with the Article, your Longevity Information will not be used or displayed by the Magazine in any manner that identifies you, or would reasonably permit a reader of the Article to determine that the Longevity Information, or any portion thereof, is your Longevity Information, without your express consent directly obtained by, and provided to, the Magazine. You agree that Flicker Technologies LLC may share the Longevity Information with its employees, contractors, consultants and advisors in connection with its aggregating, sorting, classifying and sharing of your Longevity Information (and the Longevity Information of other users) with the Magazine. You agree that a representative of the Magazine may contact you via phone, standard mail or e-mail for the purpose of obtaining further information for the Article. You acknowledge and agree that Flicker Technologies LLC may retain any Longevity Information, prior to and after the publication of the Article, subject to the Privacy and Legal Statements provided on the Livingto100.com Site. In addition, if you were directed to the Calculator from an advertisement located at www.WebMD.com, by clicking "I ACCEPT," you give your explicit consent, permission and license to Flicker Technologies LLC to share your Longevity Information, in aggregate with other users of the Calculator and without data that would reasonably identify you, with WebMD, Inc., for the limited purpose of WebMD's review and use related to the production, development, publication and marketing of an article regarding longevity calculators (the "WebMD Article"); provided that WebMD shall not use or display the Longevity Information in any manner that identifies you, or would reasonably permit a reader of the WebMD Article to determine that the Longevity Information, or any portion thereof, is your Longevity Information.
Use and Solicitation by Magazine. You acknowledge and agree that the Magazine may use (but is under no obligation to use) your Longevity Information for the purposes of producing, developing, publishing and marketing the Article, and you further agree that the Magazine may (in its sole discretion) solicit your further participation in the Article, including your provision of interviews, photographs, or other personal information (the "Ancillary Information") to the Magazine for use in such Article.
Release. By clicking "I ACCEPT" you agree to Flicker Technologies LLC sharing your Longevity Information with the Magazine and, if applicable WebMD (again, in the case of WebMD, your data will not contain data that could reasonably identify you and your data will be aggregated with the deidentified data of other users of the Calculator), and you agree and acknowledge that you are waiving your right to assert any and all forms of legal Claims (as defined below) against Flicker Technologies LLC, Dr. Thomas Perls, the Magazine, WebMD, and their respective parents, affiliates, subsidiaries, and each of their respective shareholders, officers, directors and all other representatives, agents, directors, employees and successors (the "Released Parties"), of any kind whatsoever, whether known or unknown, arising from the beginning of time or arising at any time in the future. Except as set forth below, your waiver and release herein is intended to bar any form of legal claim, charge, complaint or any other form of action (jointly referred to as "Claims") against the Released Parties seeking any form of relief including, without limitation, equitable relief (whether declaratory, injunctive or otherwise), the recovery of any damages, or any other form of monetary recovery whatsoever (including, without limitation, compensatory damages, emotional distress damages, punitive damages, attorneys' fees and any other costs) against the Released Parties, for any alleged action, inaction or circumstance, related to the use of the Longevity Information or Ancillary Information by Eons, the Magazine, or any third party.
Indemnity. You agree to defend, indemnify and hold harmless Flicker Technologies LLC, Thomas Perls, the Magazine, WebMD, and their respective parents, affiliates, subsidiaries, and each of their respective shareholders, officers, directors and all other representatives, agents, directors, employees and successors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) the use of your Longevity Information or the Ancillary Information; (ii) your violation of any term of the TOC; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.
Limitation of Liability. IN NO EVENT SHALL FLICKER TECHNOLOGIES LLC, THOMAS PERLS, THE MAGAZINE, WEBMD, OR THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS AND ALL OTHER REPRESENTATIVES, AGENTS, DIRECTORS, EMPLOYEES AND SUCCESSORS , BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE LONGEVITY INFORMATION OR ANCILLARY INFORMATION, OR (II) USE OF THE LONGEVITY INFORMATION OR ANCILLARY INFORMATION BY THE MAGAZINE OR ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
