Terms and Conditions
Thank you for choosing Long Term Care Solutions, Inc., and Long Term Care Insurance Services (collectively “LTC Solutions”, “we”, “our”, or “us”). This Terms and Conditions Agreement (the “Terms”) is a legal agreement between you and LTC Solutions and governs your use of the Services. The “Services” means our websites, www.ltc-solutions.com, www.myltcguide.com, www.caresourcesolutions.com, and www.themedicaresolutionsgroup.com, and any other website, social media pages, or apps owned or operated by LTC Solutions (together, the “Site”) and any and all products and services provided to you by LTC Solutions. By using our Services, you or your business (also “you” or “your” or “their” or “user”) agree to be bound to these Terms, and to the extent such acceptance by you is made on behalf of any entity or other organization, the individual making such acceptance represents and warrants they are authorized to bind such entity or other organization to these Terms.
BEFORE VIEWING OR BROWSING THE SITE OR USING THE SITE OR ANY PRODUCTS OR SERVICES OF LTC SOLUTIONS, PLEASE READ THESE TERMS CAREFULLY, AS THEY (AMONG OTHER THINGS) LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
BY USING OUR SERVICES AND/OR FACILITATING A PURCHASE THROUGH US YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS HEREIN. YOUR ACCEPTANCE OF THESE TERMS CREATES A LEGALLY BINDING CONTRACT BETWEEN YOU AND LTC SOLUTIONS. IF YOU DO NOT AGREE WITH ANY ASPECT OF THESE TERMS, THEN DO NOT USE THE SITE OR MAKE ANY PURCHASE THROUGH OUR SERVICES.
- Privacy Notice. By accessing or using our Site and services, you also acknowledge having read the Privacy Notice, which contains details relating to our collection, use, and disclosure of your Personal Information (as defined therein).
- Modification. We may make modifications, deletions, and/or additions to these Terms (“Changes”) at any time. Changes will be effective: (a) thirty (30) days after we provide notice of the Changes, whether such notice is provided via the Site or through other user interfaces; is sent to the email, address, or phone number associated with you; or is otherwise provided; or (b) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms incorporating the Changes, whichever comes first.
- International Access. The Site may be accessed from countries other than the United States. However, at this time, our Services are only available within the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations. We make no representation that any part of the Site or services are appropriate or available for use in other locations. Users may not download, use, export, or re-export any content posted including any LTC Solutions Materials (defined herein below) on or through the Site, services, or software utilized or available in connection with the Site in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations, and controls.
- Ownership; Proprietary Rights. The Site is owned and operated by LTC Solutions. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, Site, and all other offerings and elements thereof that are provided by LTC Solutions (“LTC Solutions Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All LTC Solutions Materials are the proprietary property of Long Term Care Solutions, Inc., and/or Long Term Care Insurance Services or its subsidiaries or affiliated companies and/or third-party licensors, or as otherwise noted in connection therewith. All trademark, service mark, and trade name rights mentioned on the Site or in connection with the services offered are the property of their respective owners. Except as expressly authorized by LTC Solutions, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, infringe upon, or otherwise make unauthorized use of the LTC Solutions Materials.
- Errors, Inaccuracies, Omissions, and Changes. Occasionally, there may be information on the Site that contains errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability of services. This Site may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We have made every effort to display as accurately as possible the information on the Site. The LTC Solutions Materials should never be relied upon as the sole basis for making any decisions to purchase products or services from LTC Solutions or an insurance carrier. We and our third-party providers, vendors, agents, associates, or partners will not be liable for any purchase decisions made based on the LTC Solutions Materials. Any reliance on the LTC Solutions Materials is at your own risk, and you assume any and all risks associated with your purchase decisions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information on the Site is inaccurate at any time without prior notice (including after you have requested a quote or made a purchase with an insurance carrier), but we have no obligation to update any information on our Site. We also reserve the right to introduce new Services and remove or discontinue any Services at any time. You agree that it is your responsibility to monitor changes to our Site.
- Third Party Sites. These Terms apply to our Site and our services. The Site and our services may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. We and our third-party providers, affiliates, agents, and licensors may be active investors in businesses related to or mentioned on this Site and may or may not have open investment positions in those businesses. You assume any and all risk associated with your purchase decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions in products mentioned on the Site. You acknowledge and agree that LTC Solutions is not responsible and shall have no liability for the content of such third-party sites, and products, or services made available through them, or your use of or interaction with them. If provided, you should review the terms and conditions of any linked websites or resources carefully.
- Third-Party Products and Services.
- For some aspects of our Site, you may need to or be able to register an account with an insurance carrier. Any such account is subject to the insurance carrier’s terms and conditions, including pertaining to any payment made or any request for modification or cancellation.
- The Site may include features or functionality that interoperate with online services operated by third parties (such services, “Third-Party Services”), pursuant to agreements between LTC Solutions and the operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) which LTC Solutions does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms, and rules applicable to Third-Party APIs) may be modified, suspended, or terminated at any time. You acknowledge and agree that LTC Solutions is not responsible and shall have no liability for the content of such third-party sites, products, or services made available through them, or your use or interaction with them. You should review the terms and conditions of any linked websites carefully.
- All information that you provide to LTC Solutions or its vendors, agents, associates, or partners is subject to LTC Solutions’ Privacy Notice or the respective third-party privacy notice, depending on to whom you provide such information. For example, LTC Solutions does not collect or store your payment card or financial account information and any payment information provided is subject solely to the third-party’s privacy notice and terms and conditions.
- Communications. As a user of the Site, you agree to receive emails or texts (message and date rates may apply) promoting any special offer(s), including third party offers. We do not anticipate sending you more than 10 emails or 10 texts per month. We may from time to time send you our newsletter and similar communications. You may opt-out from receiving our newsletter by opting to unsubscribe as may be provided in the applicable email correspondence. You cannot opt-out of certain emails regarding transactions you enter into with us.
- Prohibited Uses.
- As a condition of your use of the Site, LTC Solutions Materials, or our services, you will not use such for any purpose that is unlawful or prohibited by these Terms. Access to the LTC Solutions Materials, services, or the Site from locations where their contents are illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, payments, or privacy.
- Except as expressly permitted by LTC Solutions, any use of any of the LTC Solutions Materials other than for private, non-commercial use is strictly prohibited.
- You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Site or our services. You may not intentionally interfere with or damage the operation of the Site or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the same. You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Site or any activities conducted on or in connection with the same. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of such, including (without limitation) for the purpose of obtaining unauthorized access to the Site or our services. Any resale or commercial use of the Site, LTC Solutions Materials, or our services is prohibited, as is the distribution, public performance, or public display of any LTC Solutions Materials; the sending of any junk or unsolicited mail to other users of the Site, including, but not limited to, unsolicited or unauthorized advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, email, junk mail, spam, chain letters, informational announcements, charity requests, petitions for signatures, or other form of solicitation; the collecting or storing any personal information from other users of the Site; and any use of our Site, LTC Solutions Materials, or services, other than for their intended purpose.
- The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, crawler, or other automated means to access the Site or our services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site or our services.
- You may not utilize framing techniques to enclose any trademark, logo, or other LTC Solutions Materials without our prior, express, written consent. You may not use any metatags or any other “hidden text” utilizing LTC Solutions’ name or trademarks without our prior, express, written consent.
- You may not deep-link to the Site and shall upon notice from LTC Solutions promptly remove any links that LTC Solutions finds objectionable in its sole discretion. You may not use any LTC Solutions logos, graphics, or trademarks as part of the link without our prior, express, written consent.
- Any use of our Site, LTC Solutions Materials, or services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate any license or rights granted herein to you. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. We have the right to terminate the access of users who we believe in good faith to be violating any laws whatsoever. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
- Information. In order to access certain aspects of the Site or our services, you may be required to provide specific information. All information you submit must be truthful. To understand how we use information collected from you, please read our Privacy Notice.
- User Communications. Under these Terms, you consent to receive communications from LTC Solutions electronically, including via email or texts (message and data rates may apply). And again, we do not anticipate sending you more than 10 emails or texts per month. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The Site, including social media pages or sites connected to LTC Solutions, may allow you or other users to post, link, store, or otherwise make available a wide variety of information, text and/or other materials to others (“User Content”). You are solely responsible for your use of User Content and features and use it at your own risk. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content. By using any User Content, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:
- Privacy Notice. By accessing or using our Site and services, you also acknowledge having read the Privacy Notice, which contains details relating to our collection, use, and disclosure of your Personal Information (as defined therein).
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent, or otherwise objectionable (as determined in our reasonable discretion);
- User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or that would any local, state, national, or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third-party including addresses, phone numbers, email addresses, Social Security numbers, and similar information;
- User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using and benefiting from our Site, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
- User Content that is spam, is machine- or randomly-generated, or contains unethical or unwanted commercial content, or that furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);
- User Content that does not comply strictly with any carrier agreements and terms associated with your mobile device; and
- User Content that attempts to disrupt the Site.
We may from time to time provide interactive services on our Site, including, without limitation: user-maintained help website, chat rooms, and bulletin boards. Where we do provide any interactive service, we will attempt to provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
- Ownership of Feedback, Testimonials, and User Content.
- You are under no obligation to provide any reviews, comments, suggestions, ideas, enhancement requests, feedback, and recommendations (“Feedback”) to us. You hereby agree that LTC Solutions alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to any Feedback you provide to LTC Solutions in any media regarding LTC Solutions Materials, and accordingly hereby assign such to LTC Solutions without any requirement for compensation or accounting therefor. You hereby waive any and all of your rights of droit moral and similar rights with respect to any Feedback.
- From time-to-time, LTC Solutions may permit end-users to submit reviews and testimonials regarding certain of the Services, as well as biographical information associated with such end-users (collectively “Testimonials”). By submitting a Testimonial, you irrevocably grant to LTC Solutions the right to use the Testimonial, or any portion thereof, in any and all forms of marketing and promotional material, whether now known or hereinafter developed for any and all uses. You certify to LTC Solutions that everything you state in the Testimonial is true and an expression of your personal belief. You acknowledge and agree that: (a) at no time did LTC Solutions provide you with any consultation, advice, or guidance with respect to the substance of the Testimonial; (b) you are not an employee, officer, or director of LTC Solutions; (c) you are not an immediate family member of an employee, officer, or director of LTC Solutions; and (d) you are not living in the same household with an employee, officer, or director of LTC Solutions. You understand and agree that the Testimonial, in whole or in part, may be edited and/or dramatized, and that any part of the Testimonial may be used without compensation to you. You agree that no advertisement or other material incorporating or making reference to the Testimonial need be submitted to you for approval. LTC Solutions shall be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of the Testimonial. You expressly release LTC Solutions from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement, or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, advertisement, or promotion utilizing or incorporating the Testimonial, or any other use of the Testimonial whatsoever. You acknowledge and agree that LTC Solutions shall not be liable for any causes of action or claims related to your decision to provide the Testimonial to LTC Solutions.
- You also hereby grant LTC Solutions a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, world-wide, assignable, licensable, and transferrable license to use and otherwise exploit any User Content or information other than Feedback provided by you or any other party relating to the LTC Solutions Materials on or in any and all media (now known or hereafter developed) as LTC Solutions deems necessary to its business. This license survives termination of these Terms. LTC Solutions reserves the right, and has absolute discretion, to remove, screen, or edit any Feedback or User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site or through our Services, at your sole cost and expense.
- You represent and warrant that: (a) you will obtain all rights and provide any disclosures to or obtain any consents, approvals, authorizations, and/or agreements from any employee or third party that are necessary for us to collect, use, and share Feedback or User Content you submit in accordance with these Terms and (b) no Feedback or User Content you submit to us infringes upon or violates any other party’s intellectual property rights, privacy, publicity or other proprietary rights.
- Availability of Site.
- LTC Solutions may make changes to or discontinue any of the media, content, or Services available within the Site at any time, for any reason, and without notice. LTC Solutions makes no commitment to update the media, content, products, or services on the Site.
- Use of the Site requires an internet connection and may result in charges from your cellular or internet service provider(s). LTC Solutions is not responsible for any such charges. LTC Solutions is also not liable for any disruption, failure, or malfunction of the Internet or other service providers or for any other situation or event that is out of LTC Solutions’ direct control. LTC Solutions is not responsible for any acts or omissions of your cellular communication or Internet Service Providers, or unavailability or errors associated with their systems or services.
- Notice. Except as explicitly stated otherwise, legal notices shall be served by a user on LTC Solutions’ national registered agent, or by LTC Solutions to the email address you provide to LTC Solutions when requesting our services. Notice shall be deemed given 24 hours after a notice is sent by email, unless the sending party is notified that the email address is invalid. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Alternatively, in our sole discretion, we may give you legal notice by mail to the mailing address provided during the registration or purchase process via the Site. In such case, notice shall be deemed given three (3) days after the date of mailing.
- Violations; Termination.
- You agree that LTC Solutions, in its sole discretion and for any or no reason, may terminate your use of the Site or access to the Services at any time. LTC Solutions may also in its sole discretion and at any time discontinue providing access to the Site or our Services, or any part thereof, with or without notice.
- In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to our Site of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to our Site or services of any users, for reasons of our own discretion that we are not obligated to reveal, at any time.
- You agree that any termination of your access to the Site or our services may be effected without prior notice, and you agree that LTC Solutions shall not be liable to you or any third-party for any such termination. LTC Solutions does not permit copyright infringing activities on the Site. LTC Solutions reserves the right to terminate access to the Site and/or our services and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site or our services may be referred to appropriate law enforcement authorities.
- LTC Solutions also reserves the right to access, read, preserve, and disclose any information we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of LTC Solutions, its users, and the public. LTC Solutions also reserves the right to remove content alleged to be infringing another’s intellectual property rights without prior notice, at our sole discretion.
- These remedies are in addition to any other remedies LTC Solutions may have at law or in equity. You agree that LTC Solutions shall not be liable to you or any third-party for any such termination. All provisions which, by their nature, are intended to survive termination, including those with respect to payment obligations accruing prior to such termination will survive any termination of these Terms.
- Disclaimers; No Warranties.
- LTC Solutions is not a party to or responsible for the plan or coverage of any insurance product you purchase from a third-party insurance carrier. LTC SOLUTIONS DISCLAIMS ANY AND ALL LIABILITY AND RESPONSIBILITY FOR PRODUCTS, SERVICES, AND CONTENT PROVIDED BY THIRD PARTIES.
- YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS OR SERVICES ARE SUITABLE FOR USE. THE SITE AND ANY MEDIA, SOFTWARE, SERVICES, APPLICATIONS, MATERIALS, AND/OR THIRD-PARTY CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LTC SOLUTIONS, AND ITS VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. LTC SOLUTIONS, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN OR VIA THE SITE OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE PROVIDER OR SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
- LTC SOLUTIONS, AND ITS VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR OUR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SITE OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE WHATSOEVER THAT RESULTS FROM SUCH MATERIAL OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Indemnification; Hold Harmless. You agree to indemnify and hold LTC Solutions, and its vendors, agents, employees, associates, and/or partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Site or our Services in violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. LTC Solutions reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
- Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LTC SOLUTIONS OR ITS VENDORS, AGENTS, EMPLOYEES, ASSOCIATES, AND/OR PARTNERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE LTC SOLUTIONS MATERIALS ON THE SITE OR THE PRODUCTS OR SERVICES THEMSELVES, OR ANY OTHER INTERACTIONS WITH LTC SOLUTIONS, EVEN IF LTC SOLUTIONS OR A LTC SOLUTIONS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LTC SOLUTIONS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL LTC SOLUTIONS’ OR ITS VENDORS, AGENTS, EMPLOYEES, ASSOCIATES, AND/OR PARTNERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS ACTUALLY PAID BY YOU, IF ANY, TO LTC SOLUTIONS FOR ACCESSING THIS SITE. IN NO EVENT SHALL LTC SOLUTIONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS SOLD TO YOU BY THIRD PARTIES OTHER THAN LTC SOLUTIONS AND RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SITE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LTC SOLUTIONS AND YOU.
- Dispute Resolution. The parties will negotiate in good faith to resolve expeditiously on a mutually acceptable negotiated basis between appropriate management personnel or individual for each party any dispute between them that may arise. The parties may, by mutual consent, retain an arbitrator to aid in their attempt to resolve any dispute. Costs of the arbitration will be borne equally by the parties, except that each party will be responsible for its own expenses. Should any dispute not be resolved pursuant to this paragraph of these Terms, the parties agree to submit to the exclusive jurisdiction of the courts located in King County, Washington to resolve any dispute arising out of these Terms or your access to or use of the Site or our Services, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
- Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, ANY ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
- Minors. The Site and Services are not directed to minors under the age of eighteen (18) years. Consistent with applicable law, we do not knowingly collect personal information from minors under the age of thirteen (13) years without the consent of their parents or guardians. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from minors without such consent, upon proper notice, authority, and necessary confirmation of such, we will work to promptly delete this information.
- Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to any principles of conflicts of law. EACH OF YOU AND LTC SOLUTIONS HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH OF YOU AND LTC SOLUTIONS HEREBY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF THE OTHER HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF YOU AND LTC SOLUTIONS ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR EACH OF THEM, RESPECTIVELY, TO ENTER INTO AGREEMENT PURSUANT TO THESE TERMS.
- Force Majeure; Waiver. LTC Solutions is not liable or responsible, nor shall be deemed to have defaulted under or breached these Terms, for any failure to perform or delay in performing its obligations under these Terms due to an event of force majeure. An event of force majeure is any event or circumstance beyond LTC Solutions' reasonable control, such as war, hostilities, act of God, earthquake, flood, fire, or other natural disaster, strike or labor conditions, material shortage, epidemic, disease, government action, or failure of utilities, transportation facilities, or communication or electronic systems. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
- Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Assignment. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LTC Solutions without restriction.
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
- Entire Agreement. These Terms, including the recitals hereto, as may be revised or supplemented via Guidelines or amendments in our discretion, is the entire agreement between us and you relating to the subject matter herein.
- Claims. YOU AND LTC SOLUTIONS AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AGAINST LTC SOLUTIONS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE AND/OR SERVICES OFFERED BY LTC SOLUTIONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Copyright Complaints. If you believe that anything on our Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to receive notification of claimed infringement: Christine McCullugh
Full address of Designated Agent to which notification should be sent: 14715 NE 95th Street, Suite 200, Redmond, WA 98052
Telephone Number of Designated Agent: (425) 284-2742
Email Address of Designated Agent: CMcCullugh@ltc-solutions.com
Please see 17 U.S.C. §512(c)(3) for the general requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
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Last Modified: May 2023