PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE.
THESE TERMS OF USE GOVERN YOUR USE OF LIFECAREASSURANCE.COM (THIS "SITE"). BY ACCESSING THIS SITE, YOU ARE SIGNIFYING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE, UPDATE AND/OR REVISION (COLLECTIVELY "CHANGE") BY THE COMPANY IN ITS SOLE DISCRETION AT ANY TIME, WITHOUT NOTICE. YOUR USE OF THIS SITE AFTER ANY SUCH CHANGE CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF SUCH CHANGE. YOU SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE MOST CURRENT TERMS OF USE.
For purposes of these Terms of Use, the terms "the Company," “we,” “us,” or “our” means LifeCare Assurance Company and all of its affiliates, including any insurance products offered by LifeCare Assurance Company.
Access to This SiteTo access this Site or any of the resources it has to offer, you may be asked to provide certain details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we retain the right to deny you access to this Site or any of its resources, and to terminate or suspend your access at any time.
Restrictions on Use
You may use this Site only for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without our prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, (ii) frame this Site, or (iii) hyperlink or deep-link to this Site without the express prior written consent of an authorized representative of the Company. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party, in a manner that is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or Content (as defined below) accessible within this Site. You agree to cooperate with us in causing any unauthorized co-branding, framing, or linking to immediately cease.
Proprietary Information
The material and content accessible on or generated by this Site, and any other site that we own, operate, license, or control (the "Content") is proprietary information of the Company and we retain all right, title, and interest in and to the Content. Content may not be copied, reproduced, performed, displayed, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent, which may be withheld in our sole discretion, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, service mark, or any other proprietary notice or legend or regulatory disclosure appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates our intellectual property rights. Neither title nor intellectual property rights are transferred to you by your use of or access to this Site.
Hyperlinks
We may provide hyperlinks to other sites ("Third Party Sites"). Third Party Sites are not maintained by, related to, sponsored by or affiliated with us and are provided as a service and convenience to you. We have not reviewed Third party Sites and are not responsible for their content. Third Party Sites are to be accessed at your own risk, and we make no representations or warranties about the content, completeness, accuracy or security of Third Party Sites. A hyperlink to a service or site is not an endorsement of the service or site, its content, or its sponsoring organization. Furthermore, we are not liable for any direct or indirect computer system damage or other problems you may incur as a result of clicking on a link to any Third party Site.
What Information is Collected by the Site
In general, you can visit this Site while remaining anonymous by not providing any Personal Information (as defined by applicable law). In some cases, non-personal information may be automatically collected, such as your Internet browser, computer operating system, domain name of your Internet service provider, and/or the website from which you linked to this Site. Personal Information about you (e.g., your name, address, telephone number, Social Security number, and/or e-mail address) will not be collected unless you provide it to us voluntarily. We may also retain information about the frequency of Site visits, duration of each visit, and other information related to which Site pages you access. If you choose not to provide Personal Information, we may not be able to respond to a request, or an error message may be displayed on your browser.
Cookies
We send Site visitors cookies, web bugs or pixel tags (collectively, "Cookie"), each of which is a small data file sent by this Site to your browser and which may be stored on your hard drive. Our Cookie enables this Site to recognize you if you have a Company policy, or have previously utilized certain Site features. In addition, the Cookie may recall information so that you do not have to resubmit it, and also automatically updates Site information. If the feature is available, you may program your browser software to notify you of attempts to send cookies and you may decline to accept them or you may delete them. Your declination of any Site Cookie may impair your ability to access or use certain functionality of this Site or require you to enter and re-enter information each time you visit this Site.
Disclaimer
You understand and acknowledge that we cannot and do not guarantee or warrant that Content available for downloading from this Site or the Internet will be free of viruses, worms, or other malicious code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet or this Site, nor do we assume any responsibility for any products or services or hypertext links to third parties or for any breach of security associated with your use of this Site or your transmission of sensitive information through this Site or any hyperlinked sites.
If you have agreed to the electronic delivery of documents or conduct business electronically with us, we may, at our discretion, make certain documents required by regulatory authorities, including but not limited to state departments of insurance, available for download or access electronically or via e-mail (such documents may include quarterly or annual statements and privacy notices) (collectively, the “Required Documents”).
Nothing on this Site should be construed as rendering tax, legal, investment, or accounting advice.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, DISABLING DEVICES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
Limitation of Liability
THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF PRINCIPAL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THIS SITE, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold the Company, its parents, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors ("Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties against any and all resulting losses, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of or related to your use of the Content accessed from this Site.
Trademarks, Service Marks and Copyrights
The LifeCare logo is a pending federally registered trademark of LifeCare Assurance Company. Unless otherwise specifically noted, images, trademarks, service marks, logos, and icons displayed on this Site are the property of the Company or its licensors and may not be used without the Company’s prior written consent. We and our licensors retain all rights with respect to any of our respective trademarks, service marks, and logos appearing on this Site. Any unauthorized use of the images may violate copyright, trademark, privacy and publicity laws and regulations.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this Site any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- does not pertain directly to this Site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is racist, abusive, harassing, threatening, offensive, vulgar, obscene, pornographic or indecent;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g. offering for sale products or services) or otherwise engages in any commercial activity (e.g. conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
- solicits funds, advertisers, or sponsors;
- includes programs which contain viruses, worms, and/or Trojan Horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real time activities via this Site;
- amounts to a "ponzi" or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
- contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
We reserve the right to monitor the use of this Site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information or Submission for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions and actions. You acknowledge and agree: we or any third party that provides Content to us shall not assume or have any liability for any action or inaction by us or such third party with respect to any Submission.
We Are Not Providing Investment Advice, Soliciting Offers or Selling
The information contained on this Site is not an offer to sell or a solicitation to buy any insurance product offered by the Company. All insurance transactions require signed agreements between us and our customers, and the terms of those agreements are binding on the parties. No other representation, whether made in person, online, electronically, in written, or verbal communication, may alter the terms of those agreements except that your use of this Site constitutes your agreement to the additional Terms and Conditions of Use applicable to such use. By using this Site, you accept at your own risk that the Internet and online communications medium may not perform as intended. No security or other insurance product is offered or will be sold in any jurisdiction in which such offer or sale would be unlawful under the securities, insurance, or other laws of such jurisdiction. Some products may not be available in all jurisdictions. In addition, any prospectus information available on this Site is posted for informational purposes only and is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.
This Site is controlled by us from our offices within the United States. Except as specifically stated, we make no representation that Content in this Site is appropriate or available for use in other jurisdictions. Access to this Site's Content from jurisdictions where such access is illegal is prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. You may not use or export the materials in this Site in violation of U.S. export laws and regulations. The Company and its parents, affiliates and subsidiaries are not authorized to do business in every jurisdiction. By downloading any Content, you are agreeing that you are not in a country where such export is prohibited and that you are not a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any Content. Information published on this Site may contain references or cross-references to products, programs or services that are not available in your state or country. The products referred to on this Site may be offered and sold only to persons in the United States and its territories. Consult your qualified financial professional for information regarding the products, programs and services which may be available to you.
No Representation as to Suitability
We make no representation as to the suitability of any insurance product described on this Site for any user. In order to evaluate whether a particular insurance product is suitable for your needs, you should contact a qualified insurance professional.
Violations of Rules and Regulations
We reserve the right to seek any remedy available at law or in equity for any violation of these Terms of Use, including the right to block access from a particular Internet address to this Site.
Personal Information
Depending on your level of access to this Site, you may receive or obtain access to Personal Information as defined by applicable law. Your access and use of such information is governed by state and federal law and limited to specific business activities for which you are authorized. Should you access Personal Information intentionally or unintentionally of others for who you are not authorized, you will immediately notify us and you will not copy, download, store or transmit such information to any third party.
Security
User Codes (User names and passwords) used for this Site are for individual use only. You will be responsible for the security of your User Codes. We will be entitled to monitor your User Codes and, at our discretion, require you to change it. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with its system resources and/or accounts. The use or distribution of tools designed for compromising security is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents and to federal or state law enforcement officials. We reserve the right to investigate suspected violations of these Terms of Use.
You agree that we are not responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User Codes. If you permit third parties to access your User Codes, then you agree to defend, indemnify and hold us harmless from and against any liability, losses, damages, or costs and expenses (including attorneys' fees) arising out of, related to or resulting from, such access and related use of this Site. We reserve the right to block access to this Site for any reason. You also agree to immediately notify us if you:
- become aware of any loss or theft of your User Codes, or
- become aware of any unauthorized use of your User Codes.
You acknowledge and agree that you will not: (i) collect or store personal data about other users of this Site, or (ii) upload, e-mail, or otherwise transmit any material that contains viruses or any other computer code, files, or programs that might interrupt, limit, or interfere with the functionality of any computer software, hardware, database or file, or communications equipment that is owned, leased, or used by us.
We do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception, or error. We will take reasonable steps to ensure the safety of your personal information. It is your responsibility to scan any and all downloaded materials received from the Internet. We are not responsible or liable for any damage caused by viruses or related hazards, whether or not that virus or hazard resulted from a visit to this Site. You, and not the Company assume the entire cost of all necessary servicing, repair, or correction related to computer viruses.
We reserve the right to fully cooperate with any law enforcement authorities, regulatory authorities, or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions of Use. BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
Email
We recognize that e-mail can be the preferred mode of communication for some of our associates. You may provide us with your e-mail address to enable such communication. We may use, and you hereby permit us to use, this e-mail address for the following:
- Service notifications related to your account(s) or policy(ies);
- Products or services we offier;
- Optional e-mail communications which you have signed up for (e.g., newsletters on a selected financial topic)
We may communicate with you via e-mail regarding your request to provide additional information related to your initial information request. We may require certain e-mail communications to be conducted through secure or encrypted e-mail. If we send you an advertisement via e-mail, it will include instructions on how to opt-out of receiving such e-mail advertisements in the future. If you elect to opt-out of receiving e-mail advertisements, we will continue to send you non-advertisement e-mails as stated above. It is your responsibility to maintain accurate records with us and to update your e-mail address if it changes.
We will have no liability for any loss or damage that arises from unaccepted e-mail requests, orders, or instructions. Moreover, we will have no liability for any loss or damage that results from interception and/or unauthorized use by third parties of any information you send by e-mail.
Electronic Transactions
In the event this Site permits you to view, change information on your account and receive other information or services related to a contract or policy issued by us through electronic transmission via a compatible personal computer and a secure web browser, access to such services requires an electronic identification that consists of a user name, password, or other security measures that we may require.
Laws
These Terms of Use will be governed and interpreted pursuant to the laws of the state of California. By accessing this Site you specifically consent to personal jurisdiction in California in connection with any dispute between you and us arising out of these Terms of Use pertaining to this Site. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state or federal courts having jurisdiction within California. Any cause of action you may have with respect to your use of this Site must commence within one (1) year after the claim or cause of action arises.
Severability
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Entire Agreement
These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. We may revise these Terms of Use at any time without notice by updating this posting.