LifePlans, LLC (“LifePlans”) is a service provider for long term
LifePlans owns the content of this site. All information, text,
graphics, software, and other content that make up this site
("Materials") are the property of LifePlans or its partners. By using
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
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.
LifePlans values your privacy and the privacy of your personal
information. For information on LifePlans’
, which is incorporated by reference into
LifePlans reserves the right to modify, suspend, or discontinue
any portion of the site, Materials, or services at any time, with or without
at any time. Any modifications shall be effective upon posting to the site. You
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
you should immediately cease use of the site. You agree that the above-stated
standard for notice of modifications is reasonable.
AND ACCOUNT SECURITY
If the site allows you to create an
account, you agree and understand that you are responsible for maintaining the
confidentiality of passwords associated with any account you use to access this
site and that you will be solely responsible to LifePlans for all activities,
activities, that occur under your account. You agree that any information you
provide in connection with your account will be accurate and correct.
In any way that violates any applicable federal, state, local or
international law or regulation (including, without limitation, HIPAA and any
laws regarding the export of data or software to and from the United States or
To attempt to compromise security or tamper with system
resources or other accounts.
In any manner that could disable, overburden, damage, or impair
the site or interfere with any other party’s use of the site, including their
ability to engage in real time activities through the site.
you agree not to:
Use any robot, spider or other automatic device, process or
means to access the site for any purpose, including monitoring or copying any
of the content or Materials.
Use any device, software or routine that interferes with the
proper working of the site.
Introduce any viruses, Trojan horses, worms, logic bombs or
other material which is malicious.
Submit, edit or view any information unless you have the
required authorization to do so.
Access any information other than what is required to perform
your official duties.
Post, upload or provide inaccurate information to the site.
We reserve the right to fully investigate suspected violations
authorities, regulatory authorities, or court orders requesting or directing us
to disclose the identity of anyone suspected of suspicious activity, or
publishing or otherwise making available any materials that are believed to
The site, the Materials it contains, and any LifePlans 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, LifePlans
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. LifePlans 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
LifePlans 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 provided by or through
the site; or (3) any 3rd party products and services you may obtain or any 3rd
party website you may access through this site. Some jurisdictions do not allow
the exclusion of certain warranties, so the above exclusions may not apply to
LIMITATION OF LIABILITY
In no event will LifePlans, 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 LifePlans 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. In no event will LifePlans’
liability to you pursuant to your use of the, site or the products or services
provided as part of the site exceed the lesser of one hundred dollars ($100.00)
or the amount you paid to access and use the products or the site.
You agree to indemnify and hold harmless LifePlans, 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 LifePlans; any 3RD
your infringement, violation, or misappropriation of any third-party rights or
any applicable law or regulation.
This site is not intended for use by children under eighteen
(18) years of age. By using this site,
you represent that you are not under eighteen (18) years of age.
Any offer for services or products made in the Materials is void
where prohibited. This site is controlled and operated by LifePlans from its
offices within the State of Minnesota, United States of America. LifePlans
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
construed in accordance with the laws of the State of Minnesota, without regard
to its conflicts of law principles. LifePlans' performance of these Terms of
Use is subject to existing laws and legal process, and nothing contained in
enforcement requests or requirements relating to your use of this site or
information provided to or gathered by LifePlans with respect to such use. If
unenforceable, then that provision shall be deemed severable from these Terms
of Use and shall not affect the validity and enforceability of any remaining
parties relating to the subject matter herein, and replace all prior or
contemporaneous communications, oral or written.
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 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
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.
previously indicated, any notice to LifePlans shall be given in writing and
sent by certified and registered mail to LifePlans, 7805 Hudson Road, Suite 180, Woodbury, Minnesota 55125.