General Provisions for Registered LTC411 Alliance for Healthcare Members
The submission of information to and use of the business listing service ("Service") available through the LTC411 web site at www.LongTermCareInsurance411.com is subject to the following terms and conditions.
BY SUBMITTING INFORMATION, you become a Registered LTC411 Alliance Member ("Member") and AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and LTC411. If you do not agree to these Terms and Conditions, do not submit information to or access information from the Service. All questions concerning this Agreement should be directed to: General Manager, LTC411, 2382 Faraday Avenue, Carlsbad, CA 92808. Company may update these terms and conditions at any time and without notice.
Company utilizes email as a primary communication channel with Registered LTC411 Alliance for Long Term Healthcare Members (Member). Registered Members hereby acknowledges and grants Company permission to communicate with Member via their listed email for any purpose Company determines to be relevant including, but not limited to, system messages, updates, service announcements and other marketing messages. Company will use its best efforts to honor MemberÃ¢â‚¬â„¢s request to opt out of marketing messages, but under no circumstances will Company have any liability for sending any email to its Registered LTC411 Alliance Members.
Company assures Member that under no circumstances will it knowingly share personal and/or email information with any third party. If Member opts out of email list, their company and their company website listing will immediately be removed from the LTC411 website with no liability or responsibility by Company to Member. Per the terms of your submission and the activation of your listing in our national long term care insurance directory at www.LongTermCareInsurance411.com, you will be added to our email list for updates and other pertinent information to help you.
Member privileges are granted by Company to individuals representing themselves as Insurance Agents, Insurance Brokers, or Insurance Agencies, and are granted specifically to the Registered LTC411 Alliance Member only. Company requires that each Registered LTC411 Alliance Member maintain a valid email address which shall be used to notify Members with pertinent information for their insurance business.
Ownership and License Grant
Company retains all rights, including Intellectual Property Rights, title and interest in the LTC411 website and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder.
Limitation of Liability and Indemnification
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Member’s exclusive remedy and Company’s entire liability under this Agreement shall be a refund to Member of the fees paid, if any, to Company hereunder, and in no event will Company’s liability for any reason exceed such fee, if any. Company (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Member’s use of the Deliverables, and Member shall indemnify Company (and Company’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Member arising from Member’s use or application of the Services or the Deliverables.
THE LISTINGS AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED STATES OF AMERICA, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
Links to Third Party Sites
This Agreement, and the Deliverables provided by Company shall be governed by the laws of the State of California, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of San Diego County, California. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of Company, which retains the right to withhold consent in its sole discretion. The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to General Manager at Company.