Terms of Use

Long Term Care Group, Inc. (“LTCG”) is a third party administrator for long term care insurance products. You are being provided access to this site, www.planmyltc.com (this “site”) by LTCG on behalf of your insurance carrier. LTCG owns the content of this site. All information, text, graphics, software, and other content that make up this site ("Materials") are the property of LTCG or its partners. Copyright © 2015-2019 LTCG. All rights reserved. By using this site, you signify your agreement to these Terms of Use of use (the “Terms of Use”). You must agree to these Terms of Use in order to use the PlanMyLTC program. Please read this document carefully. If you do not agree to all of the Terms of Use of this agreement, please do not use this site.

LTCG may revise and update these Terms of Use at any time. Please periodically review these Terms of Use posted on the site because your continued usage of the PlanMyLTC program will mean you accept those changes.

No Materials from this site may be reproduced, modified, republished, transmitted, displayed, performed, or distributed in any way, except for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Any other use of the Materials for any other purpose is a violation of these Terms of Use and LTCG's or its licensor's copyright and other proprietary rights. Use of any such Material on any other web site or networked computer environment is prohibited. You may cite or refer to the URL of this site without limitation.

Health Issues

BY USING THIS SITE, YOU AGREE TO ACCEPT ALL RISKS ASSOCIATED WITH THE PlanMyLTC PROGRAM DESCRIBED HEREIN AND THAT YOU WILL NOT HOLD LTCG LIABLE FOR ANY INJURY THAT MAY OCCUR. LTCG assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. LTCG reserves the right to change or discontinue at any time any aspect or feature of this site.

Privacy

LTCG takes seriously the issue of safeguarding your privacy. By using the site you agree that you have read and understand LTCG’s Privacy Policy.

Changes

LTCG reserves the right to modify, suspend, or discontinue any portion of the site, Materials, or services at any time, with or without notice. LTCG reserves the right to modify any part of these Terms of Use at any time. Any modifications shall be effective upon posting to the site. You agree to review these Terms of Use periodically so that you are aware of any such modifications. Your continued use of the site after any such modifications have been posted shall be deemed to be your acceptance of any modifications to the Terms of Use. If at any time the Terms of Use are not acceptable to you, you should immediately cease use of the site. You agree that the above-stated standard for notice of modifications is reasonable.

DISCLAIMER

THE SITE, THE MATERIALS IT CONTAINS, AND ANY LTCG PRODUCT OR SERVICE PROVIDED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LTCG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. LTCG DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU, THE USER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

LTCG MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (1) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE SITE, MATERIALS, PRODUCTS OR SERVICES; (2) YOUR USE OF THE SITE, MATERIALS, PRODUCTS OR SERVICES; OR (3) ANY 3RD PARTY PRODUCTS AND SERVICES YOU MAY OBTAIN OR ANY 3RD PARTY WEB SITE YOU MAY ACCESS THROUGH THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL LTCG, ITS SUPPLIERS, OR LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THIS SITE, THE MATERIALS, PRODUCTS AND SERVICES IT PROVIDES, OR ANY OTHER HYPERLINKED WEB SITE OR ANY 3RD PARTY PRODUCTS OR SERVICES REGARDLESS OF LEGAL THEORY, EVEN IF LTCG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

User Behavior

LTCG may provide interactive forums, user messaging tools, blogs, and other social interaction areas (“Social Tools”) on this site. Social Tool postings do not necessarily represent the professional advice or opinions of LTCG or its staff. LTCG does not assume any responsibility for the truthfulness, accuracy, or reliability of any material posted on any Social Tool, or of consequences of any Social Tool communications on or arising from use of this site. You are responsible and liable for all activities conducted by you in such Social Tool and for the content of your messages. You shall be solely responsible for ensuring that you do not act in any manner which constitutes, or forms a part of a course of conduct amounting to, a violation of any state, federal or other applicable competition law. If you violate these Terms of Use, you will have your access to the Social Tools suspended and may permanently be banned from using this site and other LTCG products and services.

Inappropriate or Unacceptable Behavior:

  • Posting or linking to content that is pornographic, obscene or otherwise objectionable
  • Pretending to be someone else or claiming false credentials
  • Using the Social Tools for commercial or advertising purpose
  • Engaging in, linking to, or promoting illegal activities or content
  • Using any device, software or routine intended to damage or otherwise interfere with the proper functioning of a Social Tool or take any other action that interferes with other parties’ use of the website
  • Defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of any third party

LTCG has no obligation to monitor any Social Tool on this site. However, LTCG reserves the right to review, remove or delete any posts in the Social Tools, regardless of whether such communication(s) violate these Terms of Use. LTCG reserves the right at all times to disclose any information as deemed necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part. LTCG is not obliged to maintain back-up copies of any material submitted or posted on this site.

Indemnity

You agree to indemnify and hold harmless LTCG, its suppliers and licensors, their respective officers, directors, employees, agents, and affiliates, and each of them from any 3RD party claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney's fees) arising out of or related to your use of the site, any Materials it contains, any products or services provided by LTCG; any 3RD Party Products or Services; your failure to comply with these Terms of Use; your infringement, violation, or misappropriation of any third-party rights or any applicable law or regulation.

Jurisdiction

Any offer for any travel programs, services, or products made in the Materials is void where prohibited. This site is controlled and operated by LTCG from its offices within the State of Minnesota, United States of America. LTCG makes no representation that Materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph.

General

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflicts of law principles. LTCG's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use shall derogate LTCG's right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by LTCG with respect to such use. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein, and replace all prior or contemporaneous communications, oral or written.

Binding Arbitration

You agree that any dispute arising out of or relating in any way to your use of this Site 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 LTCG’s intellectual property rights, LTCG 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 SITE 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 LTCG shall be given in writing and sent by certified and registered mail to LTCG, 11000 Prairie Lakes Drive, Suite 600, Eden Prairie, Minnesota, 55344.


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