EXCEPT AS SET FORTH IN SECTION 8 BELOW, THE LIFECARE SITES AND LIFECARE’S SERVICES ARE CURRENTLY AVAILABLE ONLY TO CLIENTS AND INDIVIDUALS WHO ARE RESIDENTS OF THE UNITED STATES.
- Services Generally
- Description of LifeCare Services
- Your Responsibilities and Assumption of Risk
- Age Restrictions
- Password and Lawful Use
- Member Communications
- Use of Site and Services by Canadian Residents
- LifeCare Forums
- Limitation of Liability
- Waiver of Class Action and Jury Trial
- Governing Law and Jurisdiction
- Acceptance; Electronic Signature
1. SERVICES GENERALLY.
a. Important Note About Use of Services. IF YOU ARE EXPERIENCING AN EMERGENCY, YOU SHOULD NOT RELY ON ANY INFORMATION AVAILABLE THROUGH LIFECARE SITES OR SERVICES AND SHOULD SEEK APPROPRIATE EMERGENCY ASSISTANCE, SUCH AS CALLING “911”. THE INFORMATION AND CONTENT (“CONTENT”) ON LIFECARE SITES (AS DEFINED BELOW) OR AVAILABLE THROUGH LIFECARE’S SERVICES (AS DEFINED BELOW) ARE INTENDED TO BE A GENERAL INFORMATIONAL RESOURCE ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE OR TREATMENT FROM APPROPRIATE MEDICAL, LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE. THE CONTENT, SITES AND/OR SERVICES DO NOT IN ANY WAY CREATE A CONFIDENTIAL, FIDUCIARY, OR PROFESSIONAL, OR ANY OTHER SPECIAL RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON LIFECARE’S PART. AS THE USER OF THE CONTENT, SITES AND/OR SERVICES, YOU ASSUME FULL RISK FOR ANY AND ALL USE OF THE CONTENT, SITE AND/OR SERVICES, BY YOU OR BY ANYONE ACCESSING THE CONTENT, SITES OR SERVICES THROUGH YOU. 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 IN THE CONTENT, SITES OR SERVICES IN EXCHANGE FOR YOUR USE OF THE CONTENT, SITES OR SERVICES.
b. License. We grant you a personal, non-exclusive, non-transferable limited license to access the LifeCare Sites and Content, provided however that this license does not provide you the license use any software code, trademarks or copyrighted materials on the LifeCare Sites. The Content and 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 not sell, rent, lease, lend, or transfer any services provided on the LifeCare Sites and you may not assign or sublicense this license You may make a hardcopy of any search output for your personal use only.
2. DESCRIPTION OF LIFECARE SERVICES.
a. Referred Provider Referrals, Referred Provider Lists Or Linked Sites With Referred Provider Databases. LifeCare does not provide any direct caregiving or other services. Any providers which you are made aware or to whom you are introduced in connection with any LifeCare Services are considered “Referred Providers”. Referred Providers include but are not limited to providers which you are made aware or to whom you are introduced in connection with core work/life services, Back-up Care Services, Senior Care Management, HomeWork Connection, Enhanced Legal or Financial Services, Concierge Services, LifeMart, Financial Wellness and/or any other service offered by LifeCare. LifeCare does not own and is not affiliated with any Referred Provider. Referred Providers are independent third-party entities and are not affiliates, partners, representatives, employees, subsidiaries, agents or subcontractors of LifeCare. LifeCare shall have no obligations for the selection of or monitoring of the performance of any Referred Provider. THE DECISION TO USE ANY REFERRED PROVIDER MUST BE MADE BY YOU ALONE AND YOU ASSUME FULL RESPONSIBILITY AND ALL RISK RESULTING FROM YOUR SELECTION OF AND/OR USE OF ANY REFERRED PROVIDER. In all cases, information provided to you about a Referred Provider is not an endorsement of that particular Referred Provider by LifeCare. To the extent that the Services for which you are eligible include access to Referral Provider referrals and/or Referral Provider lists obtained through LifeCare or the LifeCare Sites, including but not limited to lists or information from available linked sites, such referrals or lists are not exhaustive of all resources or providers available. LifeCare makes every effort to ensure that the information obtained through LifeCare is accurate and up to date, however this information cannot be guaranteed. Any of the information provided on a Referred Provider has been provided to LifeCare by that Referred Provider. In all instances, you should verify all information received. You are solely responsible for interviewing, performing background and reference checks on, and ultimately selecting an appropriate Referred Provider. LifeCare does not make any express or implied warranty of any kind with respect to any Referred Provider or services performed or to be performed by the Referred Provider or their employees. You expressly assume any and all risk and liability resulting from acts or omissions of any Referred Provider and/or their employees. In no event will LifeCare or any of its officers, directors, employees, consultants, attorneys or subcontractors be liable for any direct, special, indirect, consequential or incidental damages whatsoever arising out of or in connection with your use of the LifeCare Content, Site or Services, and/or the services of any Referred Provider. Any complaints or issues regarding any Referred Provider services, must be directed to the Referred Provider, not LifeCare. To the extent that you do notify LifeCare of any complaint regarding the services of any Referred Provider, the fact that LifeCare may investigate and respond to you in connection with that complaint does not alter that the Referred Provider, not LifeCare, is responsible for any direct, special, indirect, consequential or incidental damages whatsoever arising out of or in connection with your use of that Referred Provider.
b. Discounts Platform/LifeMart. To the extent that the Services for which you are eligible include provision of discounts or the availability of any discount center or plaform, including but not limited to LifeMart (collectively known as “Discount Platforms”), you assume all risk in association with the goods or services that you purchase from any merchant offering goods or services (each a “Discount Vendor”) on any Discount Platform available to you. LifeCare makes no warranties, expressed or implied, with regard to any Discount Vendor, the goods and services offered by a Discount Vendor, or any discounts offered through the any Discount Platform. LifeCare hereby disclaims all liability associated with your purchase or use of any product or service purchased from any Discount Vendor. LifeCare does not own and is not affiliated with any Discount Vendor or its products or services offered through any Discount Platform. Discount Vendors are independent third parties and are not affiliates, partners, representatives, employees, subsidiaries, agents or subcontractors of LifeCare. You will be solely responsible for the payment of any fees and costs associated with the goods or services purchased by you. Any complaints or issues regarding any goods or services that you purchase, must be directed to the Discount Vendor, not LifeCare. To the extent that you do notify LifeCare of any complaint regarding the goods or services of any Discount Vendor, the fact that LifeCare may investigate and respond to you in connection with that complaint does not alter that the Discount Vendor, not LifeCare, is responsible for any direct, special, indirect, consequential or incidental damages whatsoever arising out of or in connection with your interaction with that Discount Vendor. Also, the discounts available through any Discount Platform 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. To the extent that you are no longer eligible for LifeMart services, for any reason other than your breach of this Agreement, you may be eligible for continued access to discounts through the LifeMart alumni-site. If you are eligible you will be automatically enrolled in the LifeMart Alumni-site and may opt out via member profile page or email email@example.com to unsubscribe.
c. Legal/Financial. LIFECARE DOES NOT PROVIDE LEGAL OR FINANCAL SERVICES OR ADVICE. To the extent that the Services for which you are eligible include access to referral to Legal and Financial professionals, such professionals are independent third parties and not associated with LifeCare. Legal and Financial professionals are independent third parties and are not affiliates, partners, representatives, employees, subsidiaries, agents or subcontractors of LifeCare. Any relationship you establish is between you and the professional only and you assume all risk in association with your use of that professional. You will be solely responsible for the payment of any fees and costs associated with the services you purchased. Any complaints or issues regarding any services should be directed to that professional, not LifeCare.
d. Back-Up Care. To the extent that the Services for which you are eligible include Backup Care services, such services are provided to you as a resource only and it is your choice to use these services. All providers referred by LifeCare in connection with Back-up Care Services are Referred Providers (as defined above). Referral to any Back-up Care Referred Provider is not an endorsement of that Referred Provider. The decision about the quality and appropriateness of any Back-up Care Referred Provider must be made and monitored solely by you and you assume all risks and liability arising out of your use of Backup Care services. Back-Up Care Referred Providers are independent entities not owned or controlled by LifeCare and are not affiliates, partners, representatives, employees, subsidiaries, agents or subcontractors of LifeCare. The relationship will be direct between you and the Back-up Care Referred Provider. As such, any issues or complaints regarding the Provider’s services should be directed to and resolved directly with the Back-Up Care Referred Provider, not LifeCare. Back-up Care Services allows for the use of provider that you locate yourself, including your family and friends. To the extent that you elect to locate your own Back-Up Care provider, you are solely responsible for, and assume all risks and liability arising out of your use of provider that you locate yourself. This is true even though LifeCare may provide reimbursement to you for the services of that provider. Backup Care Services and/or reimbursements may be denied or modified for several reasons including but not limited to the following: (i) when care is requested for non-covered recipients or non-covered services; (ii) if LifeCare or the caregiver is uncomfortable with the safety of the care situation. In these situations, you may be able to arrange and be reimbursed for using out-of-network or Friends and Family care options (if applicable); (iii) for non-payment of co-pay(s); and/or (iv) for suspected fraud or abuse in connection with the Backup Care Services, including but not limited to requests for reimbursement. Any materials submitted by you in connection with the Back-up Care Services may be audited for accuracy including contacting your, employer, the Back-up care Referred Providers or any other third parties as deemed necessary by LifeCare. Any suspected fraud or abuse may be reported to your employer who also has the right to request an audit your use of the Backup Care Services. Reimbursements to you in connection with Back-Up Care Services may have tax implications. Should you have in questions regarding tax implications regarding reimbursements, you should speak to your own tax professional.
e. Mothers At Work and MilkShip. To the extent that the Services for which you are eligible include access to Mothers At Work and/or MilkShip Services, such services are not intended to replace the advice of your own medical professional and are provided to you as a resource only. LifeCare makes no representations or warranties regarding the safety of shipped breast milk for future use. You assume the risk for the use of any breastmilk shipped via the MilkShip Service.
f. 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 Service, 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.
g. Financial Wellness. LIFECARE IS NOT A FINANCIAL ADVISORY AND IS NOT PROVIDING FINANCIAL ADVICE. ANY INFORMATION PROVIDED TO YOU IN CONNECTION WITH THE FINANCIAL WELLNESS SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL FINANCIAL ADVICE. To the extent that your services include Financial Wellness, such services are not intended to replace the advice of your own financial professional and are provided to you as a resource only. Any financial analysis documentation (“Proposals”) presented in connection with this 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 the information presented in the Proposal best suits your needs and financial means. You are under no obligation to use the Proposals or rely on the analysis contained in the Proposal. Neither the Proposal nor any analysis should be construed as financial advice.
h. Mobile Applications. The following additional terms apply to your access to or use of any mobile application (together with all information and software associated therewith, the “Application” or “Applications”) through any device (such as tablets, mobile phones, etc.) LifeCare grants you a limited, non-exclusive, revocable, non-transferrable license to download, install and use the Applications solely for your personal, non-commercial use on a mobile phone or tablet device owned or controlled by you and only in accordance with these Terms. Other than the limited rights granted in the immediately preceding sentence, no other rights are granted to you. This is only a license, and not a sale of, the Applications to you. You agree you will not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Applications. You acknowledge that LifeCare may issue an upgraded version of its mobile Applications and may automatically upgrade the mobile Application that you are using. You consent to such automatic upgrading and agree that these Terms shall govern all such upgrades. The Applications may include third party code and other software, which is governed by the applicable open source or third-party end user license agreement, if any, that authorizes the use of such code. You agree to comply with all applicable terms, conditions and agreements between you and any third party that provides products or services that facilitate or enable your use of any mobile Applications, and you acknowledge and agree that your use of any Application may result in charges to you by those third parties in connection with the products and services they provide to you (such as data plan charges), and you will be solely responsible for any such charges. Upon any termination of your rights hereunder, for any reason, you will immediately uninstall or delete the Applications and cease any further use of such Applications. Downloading or using the Application is at your sole risk.
3. YOUR RESPONSIBILITIES AND ASSUMPTION OF RISK. You understand and agree that you are not required to use LifeCare’s Services. The LifeCare Content, Site and Services should not be taken as complete, accurate, up-to-date, conclusive or suitability for your needs. You understand and agree that LifeCare’s Services are for informational purposes only and are not recommendations or advice upon which you must rely. You understand and agree that if you choose to use and/or rely on any of LifeCare’s Content, Sites or Services, you alone assume any and all risk. You are solely responsible for determining the suitability, accuracy, appropriateness and/or applicability to your particular situation of any information or the Content provided. You are solely responsible and assume the risk in connection with your use or purchase of any product or service that you may become aware of through LifeCare’s Content, Sites or Services. You understand that you are responsible to screen any Referred Provider you engage. You understand that the information provided by LifeCare on a Referred Provider has generally been provided to LifeCare by that Referred Provider. You are solely responsible for interviewing, performing background and reference checks on Referred Providers, and ultimately selecting an appropriate Referred Provider. This is even true where LifeCare provides you information for only one (1) Referred Provider. You understand and agree that you alone have to decide whether to use the services of that one Referred Provider or not. You are not obligated to use any Referred Provider and should not use a Referred Provider who you do not feel comfortable with for any reason. You are responsible to review the educational materials provided to you on how to make more informed hiring and employment decisions. If you are hiring a Referred Provider as an employee, you are also responsible for complying with all applicable employment and other laws in connection with any employment relationship that may be established, including verifying eligibility to work in the United States.
4. LIMITATIONS. By using LifeCare’s Sites and Services, you acknowledge and agree that any activity on the LifeCare Sites is subject to monitoring by LifeCare at any time, and that LifeCare may use the results of such monitoring without limitation, subject to applicable law. In connection with your use of the LifeCare Sites and the LifeCare Services, you agree that you will not under any circumstances:
- use the Sites or Services or Content in any way not explicitly permitted by these Terms,
- use the Sites, Services, or Content in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; or to harass, abuse or harm another person or group;
- use the Site or Services for any fraudulent or unlawful purpose, or for the promotion of illegal activities;
- copy, modify or create derivative works from the Sites or Services, except you may print a reasonable number of copies for your personal use, provided that you reproduce all proprietary copyright and trademark notices
- remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary rights or notices marked on the Sites or Services;
- use another user’s LifeCare password or account; misrepresent your identity or provide false information in connection with registration
- interfere or attempt to interfere with the proper functioning of the Sites or Services;
- access or attempt to access any portion of the Sites or Services to which you have not been explicitly granted access;
- engage in viral messaging, SPAMMING, SPIMMING, or sending of unsolicited advertisements, solicitations or bulk communications, or distribute chain mail or harmful computer code, viruses, or malware in connection with the Sites or Services.
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or harvest or manipulate data;
- introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Sites or Services;
- use the Content, Sites or Services for commercial purposes or in any manner that would compete with any product or service of LifeCare;
- comply with all applicable laws and regulations while using the Sites, Services or the Content.
Should LifeCare find that you violated the terms of this Section or any terms stated herein, LifeCare reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. Further, in order to protect the integrity of the Site and the Services, LifeCare reserves the right at any time in its sole discretion to block users and/or certain IP addresses from accessing the Site.
6. PASSWORD AND LAWFUL USE. In connection with the operation of the LifeCare Sites, we may 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 are responsible for all use of the LifeCare Sites with your Password and Screen Name, with or without your consent, by yourself and others. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or LifeCare’s services.
7. MEMBER COMMUNICATIONS. In connection with your registration to use the LifeCare Sites and Services, 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 [add link], by changing your communications settings within your member profile, or you can call or email firstname.lastname@example.org to unsubscribe.
8. USE OF THE SITE AND SERVICES BY CANADIAN RESIDENTS. To the extent that you are a Canadian Resident who has opted-in to received Membership Communications, you may unsubscribe and/or may “opt-out” by utililizing the unsubscribe link found within promotional emails, by changing your communications settings within your member profile, or you can call or email email@example.com to unsubscribe, or contacting by mail, email or phone: Vice President of Security, Audit and Compliance, 2 Armstrong Road, Shelton, Connecticut 06484, firstname.lastname@example.org, [203-291-3453].
a. DMCA. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that content or material on the LifeCare’s Sites infringes a copyright owned by you, you (or your agent) may send LifeCare a notice requesting that the material be removed, or access to it blocked. This request should be sent to the applicable business via email or alternatively to LifeCare, Inc.
|LifeCare, Inc.|| Attn: DMCA Registered Agent|
2 Armstrong Road
Shelton, CT 06484
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent to the address above.
b. Copyright. All web site design, text, graphics, the selection and arrangement thereof, Copyright © 1999-2019, LifeCare®, Inc. ALL RIGHTS RESERVED. The Contents, Sites and the Services 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.
10. 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.
12. 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. You acknowledge that you have no expectation of privacy with regard to any content you post or submit. If you do post content or submit material, you grant LifeCare a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media and to use the name that you submit in connection with such content, at its discretion. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content does not violate these Terms and or the intellectual property rights of any third party. LifeCare reserves the right to remove any material posted at any time in our sole discretion, but you understand that we may preserve and access a backup-copy and may use a back-up copy if required by law or in the best interests of LifeCare. You will indemnify LifeCare in connection with you breach of the terms of this paragraph.
14. DISCLAIMER. LIFECARE IS PROVIDING THE LIFECARE SITES, SERVICES AND CONTENT ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE LIFECARE SITES, SERVICES OR CONTENT OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH OR ON THE LIFECARE SITES OR SERVICES. 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, SERVICES OR CONTENT ARE ACCURATE, WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETE OR CURRENT OR WARRANT THAT YOUR USE OF THE CONTENT, SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, OR WILL MEET YOUR REQUIREMENTS. LIFECARE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE SITES, SERVICES OR CONTENT OR IN ANY LINKED SITE, SERVICES OR 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. THIRD-PARTY PRODUCTS AND SERVICES ARE USED AT YOUR OWN RISK.
15. LIMITATION OF LIABILITY. LIFECARE’S CONTENT, SITES AND 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, INCLUDING BUT NOT LIMITED TO BODILY INJURY, DEATH, OR EMOTIONAL DISTRESS IN CONNECTION WITH THE USE OF ANY REFERRED PROVIDER. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL LIFECARE OR ANY OF ITS AFFILIATED COMPANIES OR ANY OF ITS OR THEIR RESPECTIVE OFFICER, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, SUBCONTRACTORS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO PUNITIVE, 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.
17. WAIVER OF CLASS ACTION AND JURY TRIAL. PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. YOU AND LIFECARE AGREE TO WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION LAW SUIT OR TO A JURY TRIAL. THIS MEANS YOU MAY ONLY RESOLVE DISPUTES ON AN INDIVIDUAL BASIS AND THAT YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS OR PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED. YOU AND LIFECARE FURTHER AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION. IF YOU DO NOT AGREE TO WAVIE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR WAIVE YOUR RIGHT TO A JURY TRIAL, YOU ARE NOT AUTHORIZED TO USE THE CONTENT, SITE OR SERVICES IN ANY WAY.
18. GOVERNING LAW AND JURISDICTION. These Terms, and all claims relating to or arising out of these Terms, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Connecticut, including Connecticut’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law. All claims brought hereunder shall be subject to the exclusive jurisdiction of the state and federal courts located in Bridgeport, Connecticut and you and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, and waive all rights to claim forum non- conveniens.
Last Updated: August 1, 2019