Date Last Revised: December 1, 2020
These Terms and Conditions apply to your use of our website, blogs, social media accounts, or apps (collectively, the “Site” or “Sites”) in relation to our software, products, and services (collectively, “Services”), and are subject to change at any time and at the sole discretion of MyLifeSite, LLC, including any affiliates or subsidiaries (“MyLifeSite”, “we”, “our”, “us”).
YOU MAY NOT USE THE SITES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH MYLIFESITE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
In consideration of use of the Sites, you agree to provide true and accurate information about yourself. If at any time the information you have provided to us is untrue or inaccurate, we reserve the right to terminate your use or access to the Sites. You agree that you must provide your own access to the Sites and pay for any and all equipment necessary for you to access the Sites, including access to the World Wide Web.
Disclaimers, Limitation of Liability, and Indemnity
THE MATERIALS ON THE SITES ARE PROVIDED “AS IS”. WE DO NOT MAKE, AND DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES OF ANY KIND—EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE—WITH RESPECT TO THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF MATERIALS IN THE SITESS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMNET OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.
In no event will we be liable, under any legal theory, for any indirect, special, incidental, punitive, consequential or similar damages, arising out of or in connection the use of, or inability to use, the materials or information on the Sites, any claim regarding Services provided on the Sites, or for any claim made against you by any third party, even if we have been advised of the possibility of such claim. In no event will we be liable to you for any and all damages, losses, and causes of action (whether in tort, contract, or otherwise) in an amount to exceed that which you have paid us for use of our Sites, if any.
You agree to indemnify us for and against any and all liabilities obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses, attorneys’ fees, or disbursements of any kind or nature whatsoever that may be imposed upon, incurred by or asserted against us arising from your use of the Sites or related to any violation of these Terms and Conditions.
We are the owner and or authorized user of any copyright and trademarks (whether registered or not), and service marks. Unless otherwise agreed by us in writing, you may only access and use the information and materials within the Sites for your personal use. You may not download, save, copy, change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on the Sites, including but not limited to, applying any web scraping, web harvesting, or web data extraction application or program. By using the Sites, you agree to abide by all copyright notices or other posted restrictions. If you make other use in violation of this paragraph, you may violate copyright and other laws of the United States as well as applicable state laws, and may be subject to penalties.
We reserve the right to change any information on the Sites at any time without notice. Although we may aim to make improvements from time to time, we make no such commitments to update the materials on the Sites. The content on the Sites may vary depending on your browser limitations. Some content may not be available due to your own browser limitations.
By using the Services, you expressly agree and acknowledge that by submitting your information to and/or through any MyLifeSite online tool including but not limited to the MyLifeSite website, MoneyGauge, the Retire Community Direct Listing (the “RCDL”), the Platform, and any other tool made available by MyLifeSite, you intend, authorize, and direct MyLifeSite to intentionally disclose such Personal Data to a third party.
We may also have links to third party websites on the Sites, including links to our care providers or service partners available on our Sites (“MyLifeSite Partners”). If you click on these links, it may take you to other websites. We assume no responsibility for the contents of any such websites or for any acts or omissions conducted by any MyLifeSite Partners. Please use these websites at your own risk.
The Services offered by us are to be used at your own risk. You, along with your healthcare provider, if applicable, are personally responsible for verifying the suitability for your needs. We will never, and do not recommend or endorse any specific information that may be mentioned on our Sites. We do not screen or verify the accuracy of any of the information available on the Sites.
The content and material on the Sites are for informational purposes only, and are not intended as a substitute are not a substitute for obtaining proper medical, legal, financial, or other professional care or advice. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. You should not use any content available on the Sites to determine treatment for a specific medical condition. Any health-related content available on the Sites does not cover all possible uses, precautions, side effects and interactions, and should not be construed as a representation or assurance that any drug or procedure is safe, appropriate or beneficial. Talk to a licensed doctor or pharmacist before using any prescription or over the counter drugs, including any herbal medicines or supplements. We are not engaged in providing professional medical, legal, or financial advice by means of the Sites or otherwise. You should seek independent professional advice from a competent person who is licensed in the applicable area before acting or relying upon any information contained within the Sites.
Any financial information that may be available to you through your use of the Sites is not, and should not be construed as, any recommendation or endorsement as to any financial investment, advisor or other service or product. The financial information available to you through the Sites, including any reports, calculators, projections or the like, are not a substitute for independent financial advice. If you have any concerns, you should contact a qualified financial advisor.
You may be allowed on certain areas of our Sites to submit or provide any user-generated content. We do not independently monitor or verify said information. By providing such user-generated content, you do so at your own risk. We do, however, reserve the right, in our sole discretion, to edit, refuse, remove, or move any content provided by you on our Sites. We are not responsible for any failure or delay in removing such material. When you access User Content, you do so at your own risk, and we expressly disclaim responsibility for the User Content.
Other MyLifeSite Agreements
To the extent you are a customer of MyLifeSite and/or user of any MyLifeSite Services (however the term may be defined), these Terms and Conditions form a part of the respective agreement between you and MyLifeSite, and will be construed in such a manner as to avoid conflict; however, in the event of conflict, the terms and conditions of the respective agreement will control.
Errors, Corrections and Changes
You acknowledge that documents posted to and Content available at the Site may contain computer viruses. Should you download any such materials from the Site, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITES. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITES.
Arbitration and Class Action Waiver
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE BREACH, TERMINATION, OR VALIDITY THEREOF, SHALL BE FINALLY RESOLVED BY ARBITRATION. THE TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THE AGREEMENT TO ARBITRATE. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT TO ARBITRATE DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THE ARBITRATION AGREEMENT WILL REMAIN IN FORCE.
WITHOUT LIMITING THE FOREGOING, THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
Without limiting the preceding section whatsoever (“Arbitration and Class Action Waiver”), the Terms and Conditions and the relationship between you and MyLifeSite will be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. MyLifeSite’s failure to enforce or exercise any right or provision in the Terms and Conditions does not constitute a waiver of any such right or provision.
Please contact us using the below information if there are any questions regarding these Terms and Conditions:
601 Saint Mary’s St., Raleigh, NC 27605