LifeCare Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF LIFECARE’S SERVICES CAREFULLY. BY USING LIFECARE’S SERVICES, YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. WE RESERVE THE RIGHT TO MODIFY THIS DOCUMENT AND THE PRIVACY POLICY AT ANY TIME. YOU SHOULD CHECK THE TERMS OF USE PERIODICALLY FOR CHANGES. BY USING THIS SITE AFTER WE POST ANY CHANGES TO THESE TERMS OF USE, YOU AGREE TO ACCEPT THOSE CHANGES, WHETHER OR NOT YOU HAVE REVIEWED THEM. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE LIFECARE’S SERVICES.

These Terms of Use apply to your use of all of the sites and services owned or operated by LifeCare, including but not limited to LifeCare.com, LifeMart and any other site that we may own or operate currently or in the future (collectively, the “LifeCare Sites”). Unless we say otherwise, all references to the LifeCare Sites in this policy include all such sites. These Terms of Use do not apply to sites to which you may link to through any LifeCare site.

LICENSE

We grant you a personal, non-exclusive, non-transferable limited license to access the LifeCare Sites and the information contained within, provided however that this license does not provide you the license use any software code, trademarks or copyrighted materials on the LifeCare Sites. The information obtained from the LifeCare Sites may not be distributed, modified, reproduced, reverse engineered or transmitted in whole or in part without our written permission, except you may make a limited number of copies from the LifeCare Sites for your own personal, noncommercial use. The LifeCare Sites may contain software tools or databases that allow you to search and retrieve information. You may not sell, distribute or commercially exploit the database or the results of any database search performed. You may make a hard copies of any search output for your personal use only. You may not sell, rent, lease, lend, or transfer any services provided on the LifeCare Sites and you may not assign or sublicense this license.

LIFECARE SERVICES

The LifeCare Sites contains various types of information authored either by LifeCare or third parties. Additionally, we provide access to a provider searches and forums for users to post information to the LifeCare Sites.

AS THE USER OF THE LIFECARE SITES, YOU ASSUME FULL RISK FOR ANY AND ALL USE OF THE LIFECARE SITES, INCLUDING THE INFORMATION PRESENTED ON THE SITES. THE LIFECARE SITES ARE INTENDED TO BE A GENERAL INFORMATION RESOURCE ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE OR TREATMENT FROM APPROPRIATE MEDICAL, LEGAL, FINANCIAL OR OTHER PROFESSIONAL. YOU ARE RESPONSIBLE FOR SEEKING APPROPRIATE PROFESSIONAL ADVICE. YOU AGREE TO HOLD LIFECARE, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBCONTRACTORS AND ATTORNEYS HARMLESS FROM ANY CLAIMS RELATING TO YOUR USE OF, OR ERRORS IN INFORMATION FOUND ON THIS SITE IN EXCHANGE FOR YOUR USE OF THE LIFECARE SITES.

TERMINATION

Your right to access to the LifeCare Sites shall terminate if you are no longer eligible for LifeCare’s services. You understand that LifeCare may in its sole discretion terminate your ability to use the LifeCare Sites, including but not limited to, if you are registered with an invalid email address, if you violate these Terms of Use or the LifeCare Privacy Policy, or act in a manner which in LifeCare’s reasonable discretion may harm LifeCare or others.

PROVIDER LISTS OR LINKED SITES WITH PROVIDER DATABASES

Provider lists obtained through LifeCare or The LifeCare Sites, including but not limited to lists or information available linked sites, are not exhaustive of all resources available in any particular area. Results vary according to the search criteria entered. LifeCare makes every effort to ensure that the information obtained through LifeCare is accurate and up to date, however this information cannot be guaranteed. In all instances, users should verify all information received. All final decisions on the appropriateness of information, the quality of a product or the qualifications of a service provider must be made by you. In all cases, information provided to you about a particular person or entity (“Provider”) is not an endorsement of that particular Provider by LifeCare. LifeCare does not own and is not affiliated with any Provider. Providers are independent third parties. LifeCare does not make any express or implied warranty of any kind with respect to the Provider or services performed or to be performed by the Provider. You expressly assume any and all risk and liability resulting from acts or omissions of any Provider. In no event will LifeCare be liable for any direct, special, indirect, consequential or incidental damages arising out of or in connection with providing information about or referring any Provider or otherwise. To the extent that a Provider offers services not offered by or excluded from LifeCare’s Services, your use of those services is not authorized by LifeCare and is at your own risk.

DISCOUNTS

To the extent that the Services for which you are eligible include provision of discounts or the availability of LifeCare’s Discount Center Services or LifeMart, you assume all risk in association with the goods or services that you purchase. LifeCare makes no warranties, expressed or implied, with regard to the goods and services offered through available discounts, the Discount Center or LifeMart and LifeCare hereby disclaims all liability associated with your purchase or use of any product or service purchased through LifeMart. LifeCare does not own and is not affiliated with any vendor offering products or services through the Discount Center and/or LifeMart. Discount vendors are independent third parties. You will be solely responsible for the payment of any fees and costs associated with the goods or services purchased. Any complaints or issues regarding any goods or services that you purchase, must be directed to the seller of the good or service, not LifeCare. Also, the discounts offer and discount available through the Discount Center or LifeMart may have expiration dates. Such discounts are void after the expiration date and any alteration of discount coupons shall also void the discount. Discounts may be updated or removed by LifeCare or the discount vendor at any time, without notice. Price and availability of products and services for which discounts are offered are subject to change without notice.

CLASSIFIEDS

To the extent that your services include a “Classified” section, the goods and services available through the “Classified” section are offered by other employees, not LifeCare. LifeCare is not responsible for the goods or services offered through the “Classified” section and hereby disclaims all liability in connection with all such goods or services. By using this site, you assume full risk for any and all use of, or purchase of the goods or services available through the “Classified” section. You will be solely responsible for the payment of any fees and costs associated with the goods or services purchased through the “Classified” section.

FINANCIAL WELLNESS

To the extent that your services include Financial Wellness, the proposals and analysis presented in connection with that service are based solely on the information available at the time of preparation. Proposals are time-sensitive materials and are subject to change without notice. The information presented in the proposal is an estimate only and not a guarantee of any kind. You should rely on your own judgment in deciding which available proposals best suit your needs and financial means. You are under no obligation to use these proposals or analysis. Neither the proposals nor analysis should be construed as financial advice.

MEMBERSHIP COMMUNICATIONS

In connection with your registration to use the LifeCare Sites, you are agreeing that LifeCare can periodically send you emails, newsletters and other communications regarding LifeCare’s services and your membership benefits. Should you not desire to receive any email, newsletters or other communications from LifeCare, you may “opt-out” by following clicking HERE, by changing your communications settings within your member profile, or you can call or email helpdesk@lifecare.com to unsubscribe.

COPYRIGHT

All web site design, text, graphics, the selection and arrangement thereof, Copyright © 1999-2014, LifeCare®, Inc. ALL RIGHTS RESERVED. The contents of this site are protected by copyright and trademark laws, and are the property of LifeCare and any other copyright owners. You may access the materials located within the LifeCare Sites only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material. Any other use of materials on this web site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without the prior written permission of LifeCare and the copyright owner, where applicable, is strictly prohibited. You may seek our permission by writing to LifeCare, Attention: Marketing Department, 2 Armstrong Road, Shelton, CT 06484. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

Other more restrictive disclaimers and limitations on use of certain information on this site may be noted elsewhere. In the event of a contradiction regarding this and other disclaimers, the more restrictive disclaimers shall apply.

THIRD PARTY CONTENT/COPYRIGHTS

Other more restrictive disclaimers and limitations on use of certain information on this site may be noted elsewhere. In the event of a contradiction regarding this and other disclaimers, the more restrictive disclaimers shall apply.

THIRD PARTY PROVIDERS/LINKS

These Terms of Use apply only to the LifeCare Sites, and not to the sites of any other companies or organizations, including those to which any of the LifeCare Sites may link. We are not responsible for the availability of any other site to which any of the LifeCare Sites link. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other content provider or site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site.

TRADEMARKS

LifeCare, LifeCare.com, LifeMart, and all other trademarks, service marks, trade names, logos, domain names, URLs and icons (“Marks”) appearing on this website, registered or not, are the property of LifeCare, Inc. or their respective owners. Nothing on this website grants you any right or license to use any of the Marks on this site without the express written permission of LifeCare, Inc. or the third party owners of the Marks. Unauthorized use may violate trademark and other laws.

LIFECARE FORUMS

A LifeCare “forum” means any interactive service appearing on any of the LifeCare Sites. You may not post on any forum any material that is libelous, defamatory, obscene, abusive, discriminatory, harassing, invades a person’s privacy, violates any intellectual property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We also reserve the right to remove any material posted at any time in our sole discretion.

PASSWORD AND LAWFUL USE

In connection with the operation of the LifeCare Sites, we will request that you select a Password and Screen Name. You alone are responsible for maintaining the confidentiality of your Password and Screen Name. You may use our services for lawful purposes only. You may not use our services to post, transmit or otherwise distribute unlawful material such as threats of physical harm, defamatory statements, pornographic material, and copyrighted, trademarked, and other proprietary material used without proper authorization. You may not attempt to use or distribute tools designed for compromising security or take action to compromise the security of the LifeCare Sites. You are responsible for all use of the LifeCare Sites with your Password and Screen Name, with or without your consent, by yourself and others.

DISCLAIMER

LIFECARE IS PROVIDING THE LIFECARE SITES AND THEIR CONTENT ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE LIFECARE SITES, THEIR CONTENT OR ANY OF THE PRODUCTS OFFERED THROUGH OR ON THE LIFECARE SITES. LIFECARE DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. IN ADDITION, LIFECARE DOES NOT REPRESENT OR WARRANT THAT THE LIFECARE SITES OR INFORMATION ACCESSIBLE VIA THE LIFECARE SITES IS ACCURATE, WILL BE UNINTERRUPTED, ERROR-FREE,
COMPLETE OR CURRENT. LIFECARE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THIS PUBLICATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS PUBLICATION. REFERENCES TO THIRD PARTY ENTITIES, THEIR SERVICES AND/OR PRODUCTS ARE ALSO PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PRODUCTS AND SERVICES ARE USED AT YOUR OWN RISK. PRICE AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT NOTICE.
LIMITATION OF LIABILITY LIFECARE’S SERVICES ARE USED AT YOUR OWN RISK. LIFECARE WILL NOT BE LIABLE FOR ANY HARM TO YOU OR OTHERS RESULTING FROM THE USE OF OUR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL LIFECARE OR ANY OF ITS AFFILIATED COMPANIES OR ANY OF ITS OR THEIR RESPECTIVE SUBCONTRACTORS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

INDEMNITY

You agree to indemnify, and hold LifeCare, its shareholders, directors, officers, employees, affiliates, subcontractors and attorneys harmless from and against any and all claims, actions or demands brought against us alleging: that your use of the LifeCare Sites: (i) infringed or misappropriated of any intellectual property rights of anyone; (ii) defamed, libeled, slandered a anyone or that you use of the site was obscene, pornographic, or violated a third party’s rights of privacy or publicity; or (iii) is deemed to be spam, or to constitute offensive, harassing or illegal conduct. You also agree to indemnify and hold LifeCare, its shareholders, directors, officers, employees, affiliates, subcontractors and attorneys harmless in connection with any: (a) your use of the LifeCare Site; (b) violation by you of these Terms of Use; (c) any liability to LifeCare, the LifeCare Sites or any third party which liability is caused by or otherwise results from your acts or omissions. The indemnifications set forth in this paragraph include all expenses and costs (including reasonable attorney’s fees) resulting from or arising out of the above claims.

FORCE MAJEURE

We are not liable for any failure or delay in our performance due to any cause beyond our reasonable control, including the act or war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet.

MISCELLANEOUS

These terms will be governed by and construed in accordance with the laws of the State of Connecticut, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be filed only in the state or federal courts located in Fairfield County, Connecticut, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any of these Terms of Use is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms of Use, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and LifeCare relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these Terms of Use.

ACCEPTANCE OF TERMS

My use of this site shall been deemed to be my unconditionally acceptance of these Terms of Use. I understand that these Terms of Use may be changed without notice to me from time to time. I understand that my continued use of the LifeCare Sites after the posting of changes, will mean that I unconditionally accept the then current version of the Terms of Use.

Last Updated: January 1, 2016

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