TERMS OF USE

LifePlans, LLC (“LifePlans”) is a service provider for long term care and other insurance carriers and is the owner of this website (the “site”). Please read these terms of use (“Terms of Use”) carefully before using this site.

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 this site, you signify your agreement to these Terms of Use. You must agree to these Terms of Use in order to use the site. Please read this document carefully. If you do not agree to all of the Terms of Use, please do not use this site.

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 LifePlans' 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.

LifePlans values your privacy and the privacy of your personal information. For information on LifePlans’ privacy practices, please review our Privacy Policy, which is incorporated by reference into these Terms of Use.

CHANGES

LifePlans reserves the right to modify, suspend, or discontinue any portion of the site, Materials, or services at any time, with or without notice. LifePlans 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.

PASSWORDS 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, including breach of these Terms of Use, and for the consequences of these activities, that occur under your account. You agree that any information you provide in connection with your account will be accurate and correct.

USER RESTRICTIONS

You may only use the site for lawful purposes and in accordance with these Terms of Use. You agree not to use the site:

· 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.

We reserve the right to fully investigate suspected violations of these Terms of Use and to cooperate fully with any law enforcement 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 violate these Terms of Use.

DISCLAIMER

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.

INDEMNITY

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 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.

CHILDREN

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.

JURISDICTION

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 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. LifePlans' performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use shall derogate LifePlans' right to comply with law 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 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 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 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 LifePlans shall be given in writing and sent by certified and registered mail to LifePlans, 7805 Hudson Road, Suite 180, Woodbury, Minnesota 55125.