Please read this document carefully. It governs your relationship with LifeCard Plans, LLC and its affiliates (collectively, “LifeCard Plans™”). Set forth below are the terms and conditions under which LifeCard Plans™ makes the internet website at www.lifecardplans.com , and the services available through the Site or otherwise provided by LifeCard Plans™ (the “Services”), to each person or entity (each a “User”) accessing or using the Site or the Services.
These terms and conditions, together with any and all other terms, conditions, rules, policies or procedures (“Additional Terms”) published on the site from time to time and related to User’s use of the Site or the Services (together, this “Agreement”), each as updated from time to time by LifeCard Plans™, constitute a binding, legal agreement between LifeCard Plans™ and User.
By using the Site or the Services, each User hereby agrees to and is bound by this Agreement. If you do not agree with any of the terms of this Agreement, do not access or otherwise use this Site or the Services or any information contained on this Site. LifeCard Plans™ may make changes to the content and Services offered on this Site at any time.
LifeCard Plans™ can change the terms of this Agreement at any time (including any Additional Terms). If LifeCard Plans™ changes the terms of this Agreement, LifeCard Plans™ will post an updated set of terms and conditions of use on this Site with a change notice and LifeCard Plans™ may send registered users an email notice of the changes.
If any modification is unacceptable to you, you shall cease using this Site and the Services. If you do not cease using this Site and the Services, you will be conclusively deemed to have accepted the change.
Each User hereby warrants that if it is a corporation or other legal entity, User is validly formed and existing under the laws of its jurisdiction and has duly authorized its agent or agents to enter into this Agreement and, if an individual, User is of the age of majority in his or her place of residence.
1.1. If User purchases a DigitalVault™ Plan Service (a “Subscription”), User shall pay all fees, including for any additional Services purchased by User or applicable account creation fees to such Subscription, as published on the Site at https://lifecardplans/plans/ from time to time. LifeCard Plans™ may change such fees at any time and in its sole discretion, provided that any such change shall become effective at the end of the then-current term of User’s Subscription.
1.2. Subscription membership in the Services is on a continuous service basis. This means that, subject to the terms of this Agreement, LifeCard Plans™ will automatically renew User’s Subscription at the end of its term unless User’s Subscription is canceled using the online tool in User’s Your Records page on the Site at any time within 30 days prior to the end of the then-current Subscription. User will be charged a renewal rate equal to the rate for the immediately preceding Subscription period, based upon the Subscription Plan that User has chosen, unless LifeCard Plans™ has notified User of any new rate in advance. A cancellation of a Subscription requested by User through User’s account page will become effective on the date that the then-current Subscription period expires.
1.3. If User has elected to pay the fees referred to in Section 1.1 (Subscriptions and Payment) by credit card, User hereby warrants that the credit card information provided by User is correct, and User shall promptly notify LifeCard Plans™ of any changes to such credit card information. User acknowledges and agrees that if User’s credit card payment cannot be processed for any reason, LifeCard Plans™ may suspend or cancel User’s Subscription.
If User has registered for an account to use the Services, User hereby warrants that the information provided by User for the purposes of such registration is complete and accurate. User shall ensure that such information is kept up to date. Upon registering for an account, each User will create a password linked to the User email address. User acknowledges and agrees that User, and not LifeCard Plans™, is responsible for User’s account and all activities occurring in connection with the use of that account, whether or not User authorizes such activities.
3.1.This is the grant of a license, not a transfer of title, and under this license you may not:
(a) Modify the materials; use the materials for anything other than their intended use;
(b) attempt to destroy, hinder or copy any software contained on LifeCard Plans™'s web site;
(c) remove any copyright or other proprietary notations from the materials;
(d) transfer the materials to another person or "mirror" the materials on any other server
3.2. LifeCard Plans™ may disable User’s account and your access to use the Site and/or the Services and LifeCard Plans™ may recover from User any losses, damages, costs or expenses incurred by LifeCard Plan™ resulting from or arising out of User’s non-compliance with any provision of this Agreement.
3.3 Parts of this site may only be accessed by account holders or healthcare providers through use of an account holder ID number and name. Only LifeCard Plans™ account holders, those entrusted by LifeCard Plans™ account holders, or healthcare providers with a legitimate need to access your documents and information may enter identification data, etc., at those pages, or view any information found on those pages. Persons designated by LifeCard Plans™ may access any records on this site for account maintenance purposes. These persons are bound by confidentiality agreements not to share such information.
In connection with User’s use of the Site and the Services, and without limiting any of User’s other obligations under this Agreement or applicable law, User:
(a) shall comply with: (i) this Agreement, including LifeCard Plans™ anti-spam policy and all other policies as published on the Site from time to time, (ii) all applicable U.S. Federal, State, local and international laws, including the CAN-SPAM Act of 2003, and all other laws related to unsolicited commercial email messages, defamation, privacy, obscenity, intellectual property or child protective email address registries, (iii) all other rules or regulations applicable to User, including regulations promulgated by the U.S. Securities and Exchange Commission and similar regulatory authorities throughout the world, and the rules of any securities exchange, and (iv) all privacy policies or similar policies or procedures to which User may be bound that are related to User’s use of the Services;
(b) shall not use the Site or the Services to send emails, agent requests, or any materials to minors unless User is permitted to do so under all applicable laws, or to harm minors in any way, and shall not send emails, agent requests, or any materials to minors that would subject LifeCard Plans™ to the Children’s Online Privacy and Protection Act;
(c) shall not impersonate any other person or entity, including LifeCard Plans™, or a LifeCard Plans™ official, forum leader, guide or host, or falsely state or otherwise misrepresent User’s affiliation with any other person or entity;
(d) shall not interfere with or disrupt the Site or the Services or servers or networks connected to the Site or the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services;
(e) shall not engage in excessive usage of the Site or the Services, as determined by LifeCard Plans™ in its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the Site, or disrupts the availability of the Site and the Services for other users;
(f) shall not attempt to damage, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site or the Services in any manner;
(g) shall not upload, post, email, distribute, communicate, transmit or otherwise make available any viruses or similar malicious software that may damage the operation of a computer, the Site, or the Services;
(h)shall not use the Site or the Services to collect, process, or otherwise handle, other than their own or authorized individuals, “Protected Health Information” (as defined in 45 C.F.R. § 160.103) without LifeCard Plans™ prior written consent.
User further acknowledges and agrees that LifeCard Plans™ may cooperate with any governmental authority in connection with any investigation into User’s use of the Site or the Services, including use in contravention of applicable laws, and may disclose any Content, and any other information pertaining to the User or to User’s use of the Site or the Services, to such governmental authority in connection with any such investigation.
User shall indemnify, defend and hold harmless LifeCard Plan™, its affiliates, and their respective directors, officers, employees, servants and agents from and against all claims, demands, damages, liabilities and costs (including attorneys’ fees on a full indemnity basis) arising out of or in connection with:
(a) User’s use of the Site or the Services, including User’s use of or reliance on any information or materials obtained through the use of the Site or the Services,
(b) any other use of the Services by a third party using User’s account (whether or not authorized by User),
(c) User’s breach of this Agreement, including any of User’s representations and warranties under this Agreement, or
(d) User’s contravention of any applicable law, including the CAN-SPAM Act of 2003.
6.1. This Agreement shall automatically become effective upon User’s first use of the Site or the Services, and continue indefinitely until it is terminated.
6.2. LifeCard Plans™ may cancel User’s Subscription (if User has one) and terminate this Agreement immediately by notice to User in the event that User breaches any of User’s representations, warranties, or obligations under this Agreement (including any of User’s obligations under Section 3 (Content)) or contravenes any applicable law.
6.3. Upon termination of this Agreement for any reason, User shall immediately cease all use of the Site and the Services, and User acknowledges and agrees that LifeCard Plans™ may, in its sole discretion, take any measures LifeCard Plans™ reasonably deems necessary or desirable to prevent further use by User of the Site or Services, including by blocking User’s IP address. User further acknowledges and agrees that upon termination of this Agreement, LifeCard Plans™ shall not be obliged to retain any of User’s Content (including digital content or uploaded documents) or to provide the same to User, but may elect to do so in its sole discretion. Termination of this Agreement shall not entitle User to a refund of any Subscription fees previously paid by User.
6.4. The following shall survive termination of this Agreement for any reason:
(a) all of User’s representations, warranties and indemnities given under this Agreement;
(b) all disclaimers of warranties, and limitations and exclusions of liability; and
(c) the last sentence of Section 3.3 (Content), and each of Sections 5 (Indemnity by User), 6 (Termination), 8 (Limitations and Exclusions of LifeCard Plans™ Liability) and 9 (Intellectual Property Rights).
7.1. LifeCard Plans™ reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services or any part thereof, or User’s access thereto, and to modify, suspend or delete the Site or any part thereof, with or without notice. User acknowledges and agrees that LifeCard Plans™ shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Services or any modification, suspension or deletion of the Site.
7.2. Without limiting Section 7.1 (Provision of the Site and the Services), if User engages in excessive usage of the Site or the Services (as described in Section 4(g) (User Conduct)), LifeCard Plans™ may take such action as it considers necessary to prevent such excessive usage and to restore the availability of the Site and the Services to other users, including by limiting or suspending User’s access to the Site and the Services, or by canceling User’s Subscription and terminating this Agreement.
7.3. The materials on LifeCard Plans™'s web site are provided "as is". LifeCard Plans™ makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, LifeCard Plans does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
7.4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIFECARD PLANS,LLC , ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS AND AGENTS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS OR SERVICES, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE.
7.5. If you are a User located in a country embargoed by the United States, or are on the U.S Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase a Subscription or any other paid services from LifeCard Plans™.
8.1. IN NO EVENT SHALL LIFECARD PLAN, LLC, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE OR DATA, OR COSTS OF COVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF LIFECARD PLANS, LLC, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES ARISING OUT OF:
(a) THE USE OR PERFORMANCE OF, THE DELAY IN PROVIDING, THE FAILURE TO PROVIDE, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, OR
(b) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES CONTAINED IN OR AVAILABLE THROUGH THE SITE OR THE SERVICES, INCLUDING INFORMATION, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE BY OTHER USERS OF THE SITE OR THE SERVICES.
USER SPECIFICALLY AGREES THAT LIFECARD PLANS, LLC, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS AND AGENTS SHALL NOT BE LIABLE FOR:
(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR THE SERVICES OR IN RELIANCE UPON ANY INFORMATION OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES,
(d) ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF A THIRD PARTY’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OR
(e) ANY CONTENT SENT USING, OR INCLUDED IN, THE SITE OR THE SERVICES BY ANY THIRD PARTY.
IF USER IS DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES, USER’S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USING THE SITE AND THE SERVICES.
8.2. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, LIFECARD PLANS, LLC, WOULD NOT BE ABLE TO OFFER THE SITE OR THE SERVICES, AND THAT SUCH EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY, EVEN IF THEY WOULD CAUSE USER’S REMEDIES UNDER THIS AGREEMENT TO FAIL OF THEIR ESSENTIAL PURPOSE. Notwithstanding the foregoing, some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages in certain circumstances, and so the foregoing limitation and exclusions may not apply to User to that extent.
The Site and the Services and all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of LifeCardPlans, LLC Copyright © 2010 or its third party licensors. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. LifeCard Plan™ reserves all rights in the Site and the Services that are not expressly granted. LifeCard Plan™ is a trademark of LifeCard Plans, LLC in the United States. Other trademarks, names, and logos on this Site are the property of their respective owners. Nothing in this Agreement shall be deemed to assign or transfer to User any rights to any such intellectual property. User further acknowledges and agrees that Content made available to User through the Services may be subject to the intellectual property rights of third parties.