Long Term Care Claims Services Website Terms and Conditions of Use
Legal Notices
Long Term Care Claims Services provides this website (the "Site"), subject to the following Terms and Conditions of Use, which may be updated by us from time to time by posting the revised Terms and Conditions of Use here without further notice to you. This Site provides you with the service of entering your entity’s primary and alternate email addresses so that Long Term Care Claims Services may contact you electronically with certain forms pertaining to your client and their insurance claim(s), as well as other communications if necessary. Use of this Site and the services are subject to the Terms and Conditions of Use and all applicable laws. By using the Site, you agree to abide by all of the terms and conditions set forth in this notice. Unless stated otherwise, any new functions added to this Site also will be covered by these Terms and Conditions of Use.
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. YOUR ACCESS AND USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW.
Limited License
Subject to the terms and conditions set forth in this Agreement, Long Term Care Claims Services grants you a non-exclusive, non-transferable, limited right to access and use this Site for its intended purpose. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.
DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
LONG TERM CARE CLAIMS SERVICES MAY MAKE ANY OTHER CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE AS WELL AS ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT LONG TERM CARE CLAIMS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM: (i) YOUR USE OF OR INABILITY TO VIEW, ACCESS, NAVIGATE OR USE THE SITE, OR (ii) ANY OTHER MATTER RELATED TO THE SITE.
This Limitation of Liability shall be to the maximum extent permitted by applicable law. If it is finally determined by a court of law or an arbitrator that the limitation of liability set forth in this Section does not apply to you, then you agree that Long Term Care Claims Services’ total liability in the aggregate for any claims made by you or any third party on your behalf shall not exceed one hundred dollars ($100.00).
Viruses
There is always the possibility of unknowingly acquiring computer viruses on the Internet and thus we want to warn you about infections or viral contamination on your system. Long Term Care Claims Services 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 Long Term Care Claims Services, assume the entire cost of all necessary servicing, repair, or correction related to computer viruses.
Information Provided By You
In order to receive Confinement Verification Forms or other communications electronically, you will need to first provide your provider identification number to confirm your identity and then provide your name and primary and alternative email addresses, as necessary, for your entity. You agree to provide true, accurate and current information as prompted by the request for email addresses on this Site. You may update the email address information by entering a new email address on this Site or calling 888-988-3772. Further, you agree that Long Term Care Claims Services will not be liable to you or any third party if Long Term Care Claims Services terminates your access to the Site for any reason.
The requested email addresses, name, and provider identification number will be treated in accordance with the Long Term Care Claims Services Privacy Policy posted on this Site.
Security
Long Term Care Claims Services uses reasonable administrative, physical and electronic security measures to protect against possible loss, misuse or alteration of information.
Notices
Notices from Long Term Care Claims Services to you regarding your use of the Site will be made by e-mail or regular mail, in the sole discretion of Long Term Care Claims Services, unless otherwise required by law or contract, and you agree to receive such communications.
General Terms
Long Term Care Claims Services reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use in whole or in part, at any time without notice; you should periodically revisit this Site to review the current terms and conditions by which you are bound. Changes in these Terms and Conditions of Use will be effective when posted. Your continued use of the Site after any changes to these Terms and Conditions of Use are posted will be considered acceptance of the changes.
Long Term Care Claims Services may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice. Long Term Care Claims Services may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability. Long Term Care Claims Services may terminate the authorization, rights and license given above.
The Terms and Conditions of Use constitute the entire agreement between Long Term Care Claims and you in connection with your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms and Conditions of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder of the Terms and Conditions of Use shall continue in full force and effect. In the event of termination, the disclaimers and limitations of liabilities set forth in the Terms and Conditions of Use will survive.
The Terms and Conditions of Use will be deemed to include all other notices, policies, disclaimers and other terms contained in this Site.
Choice of Law
This Agreement constitutes the entire agreement between Long Term Care Claims Services and you with respect to your use of this Site. 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. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Governing Law; WAIVER OF JURY AND CLASS ACTION
These Terms and Conditions of Use shall be governed by the laws of the State of New York, United States of America, without giving effect to its conflict of laws provisions, except as to matters relating to arbitration, which shall governed by the Federal Arbitration Act.
You agree that any dispute between you and Long Term Care Claims Services arising out of or relating to these Terms and Conditions of Use, the Privacy Policy, or the Site will be decided only by arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of "class," "joint" or "representative" litigation (including in any "private attorney general capacity") against Long Term Care Claims Services. Any arbitration will be administered by the American Arbitration Association and will take place in New York, NY, U.S.A.
Waiver of Jury Trial: YOU AND LONG TERM CARE CLAIMS SERVICES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY WITH REGARD ANY DISPUTE, CLAIM, QUESTION, OR DISAGREEMENT ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OF USE, THE PRIVACY POLICY, THE SITE, OR THE RELATIONSHIP OF THE PARTIES HEREUNDER.
Legal Notice
THIS SITE IS NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, ANY PERSON OR ENTITY IN ANY COUNTRY OR JURISDICTION WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LOCAL LAW OR REGULATION. BY OFFERING THIS SITE NO DISTRIBUTION OR SOLICITATION IS MADE BY LONG TERM CARE CLAIMS SERVICES TO ANY PERSON TO USE THIS SITE IN JURISDICTIONS WHERE THE PROVISION OF THIS SITE IS PROHIBITED BY LAW.
Questions?
Contact Long Term Care Claims Services at 888-988-3772.
676501 07/21/21