PASSWORDS AND ACCOUNT SECURITY
· 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 other countries).
· 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.
Additionally, 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.
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 correction.
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 you.
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.
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.
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.
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.