LifePlans Terms of Use Agreement

This website (the “Website”) is owned and operated by LifePlans, LLC (“LifePlans”) as a service provider long term care and other insurance products. These Terms of Use (“Terms of Use”) govern and apply to the content and any use of this Website. Please read these Terms of Use carefully. By using this Website, you indicate your acceptance of these Terms of Use. If you do not accept these Terms of Use, do not use this Website.

Use of Information, Services, and Materials on This Website

The information, services, and materials contained on or provided by this Website are for informational and educational purposes only. It is neither intended nor implied to be a substitute for professional medical or health care advice. Furthermore, the information, services, and materials contained on or provided by this Website are not legal, medical, counseling, or other professional services or advice and are not intended to be used for such purposes. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. Nothing contained on or provided by this Website is intended or implied to be used for medical diagnosis and treatment. LifePlans does not endorse any of the providers identified on the Website and the information provided is merely offered as a convenience and subject to the disclaimer of warranty section below.

Your Use of this Website

You agree to use this Website only for the purposes that are permitted by these Terms of Use and in accordance with any applicable law, regulation, and guidelines in the applicable jurisdictions. You agree not to access (or attempt to access) this Website by any means other than through the interface provided by LifePlans (as defined hereunder), unless permission is expressly specified in a separate agreement between you and LifePlans. You agree not to participate in any activity that interferes with or disrupts the functionality or operations of this Website or the servers and networks which house and provide this Website. Except as expressly specified in a separate agreement between you and LifePlans, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any of the information, services, and materials contained on or provided by this Website.

General Disclaimers

LifePlans, its vendors, and partners assume no responsibility or liability, to any person or entity, with regard to consequences, including claims, loss, or damage caused or alleged to be caused, directly or indirectly, for any action or inaction you take based on the information, services, or materials contained on or provided by this Website. LifePlans attempts to keep the information and material available through this Website both timely and accurate, but LifePlans can make no guarantees and will not be responsible for any claims, loss, or damage caused or related to the accuracy, completeness, or timeliness of the information, services, or materials. Furthermore, information, services, and materials provided by LifePlans regarding any provider are not intended or implied to be a recommendation for or against any provider.

Changes to This Website

At any time and without notice, LifePlans may make modifications (including any additions or deviations) to the information, services, and materials contained on this Website or may terminate this Website. Any modification to the Terms of Use of this Website shall be effective immediately upon posting the modified Terms of Use on the Website. If you continue to access the Website following any modification, you agree to the modified Terms of Use.

Privacy

LifePlans respects the privacy of the information you provide on this Website. By using the Website you agree that you have read and understand LTCG’s Privacy Policy Privacy Policy.

Your Passwords and Account Security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access this Website and that you will be solely responsible to LifePlans for all activities, including breach of these Terms of Use, and for the consequences of these activities, that occur under your account. You agree that any information you provide in connection with your account will be accurate and correct. For users of LifePlans Provider Portal, you understand and agree that if your account is not used for a period of 90 days, LifePlans will deactivate the account and, if not used for a period of 180 days, LifePlans will delete the account.

User Contributions

Subject to the Privacy Policy stated herein, you agree that any comments, suggestions, or other information sent to LifePlans via this Website hereby grant to LifePlans a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, translate, publish, display, and create derivative works from the comments, suggestions, or other information provided by you to LifePlans.

Links to External Websites

This Website contains links to other websites that you may find helpful. Once you leave this Website, either by using a link LifePlans may have provided for your convenience or by specifying your own destination, LifePlans accepts no responsibility for the information, goods, services, materials, privacy policies and/or products at these non-LifePlans websites. LifePlans does not control, endorse, or promote any other website and makes no representation to you about these websites and their content.

Disclaimer of Warranty

LIFEPLANS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, PRODUCTS, GOODS, SERVICES, AND MATERIALS CONTAINED ON THIS WEBSITE OR PROVIDED BY THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.

Limitation of Liability

IN NO EVENT SHALL LIFEPLANS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, OR ANY OTHER CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF BUSINESS, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR USE OF THIS WEBSITE, OR YOUR USE OF ANY EXTERNAL WEBSITES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS OF USE AND THE WEBSITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

Indemnity

You agree to indemnify, defend, and hold harmless LifePlans from any liability, loss, claim and expense (including attorneys’ fees) related to your violation of this Terms of Use and your posting or submitting of material and information to this Website.

Proprietary Rights

All information and materials on this Website are owned and copyrighted or licensed by LifePlans and, except where expressly indicated, can be accessed, downloaded, or printed for your personal, non-commercial use only. Without the prior written consent of LifePlans, you may not copy, distribute, or transfer any material or information on this Website, in whole or in part. All other trademarks are the property of their respective owners. You may not reproduce, copy, or redistribute the design, layout, or individual elements of this Website design without the express written consent of LifePlans or their respective owners.

Miscellaneous

Product, goods, and service descriptions described on or provided by this Website are neither intended nor implied to constitute offers to sell or solicitations in connection with these products or services. LifePlans cannot guarantee a discounted rate for all providers. Products, goods, services, and discounts are not available in all areas. These Terms of Use and this Website are governed by the laws of the State of Minnesota without giving effect to any of its principles of conflicts of law. These Terms of Use constitute the entire agreement with respect to the use of this Website. LifePlans reserves the right to make changes to this Website and these Terms of Use at any time and without notice.

Binding Arbitration

You agree that any dispute arising out of or relating in any way to your use of this Website requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate LifePlans’ intellectual property rights, LifePlans may seek injunctive or other appropriate relief. The arbitration shall be conducted before one neutral arbitrator in Minneapolis, Minnesota, United States, in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms of Use, the arbitrator shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.

BECAUSE THE USE OF THIS WEBSITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

Notices

If not previously indicated, any notice to LifePlans shall be given in writing and sent by certified and registered mail to LifePlans, 11000 Prairie Lakes Drive, Suite 600, Eden Prairie, Minnesota, 55344.