Use of Information and Resources
Long Term Solutions, Inc. makes this website (the “Site”) and all services operated by Long Term Solutions through the Site (the “Services”) available for your use subject to the terms and conditions set forth in this document. By accessing or using this Site in any way, you agree to and are bound by the Terms of Use. Long Term Solutions may occasionally update these Terms, and such changes will be posted to this Site. All users should periodically check this Site for any changes. If Long Term Solutions makes any material changes, a notice will be placed on the front page of this Site that the Terms of Use have been modified and a link will be provided to the revised Terms of Use. Any information that is submitted after a change has been posted will be subject to the new provisions.
Long Term Solutions maintains this Site in order to provide individuals, caregivers, corporations and insurance partners with general information regarding long term care services and other eldercare issues. This information is not intended to replace advice from qualified medical or health professionals. Nothing in this site is intended to be used for medical diagnosis or treatment.
Intellectual Property
All materials on this Site, including the Site’s design, layout and organization, are owned and copyrighted by Long Term Solutions, Inc. Only personal use of such materials is permitted, except where expressly indicated, which means you may access or print such materials for your personal, non-commercial use only. The trademarks, logos, and service marks (the “Marks”) displayed on this Site are the property of Long Term Solutions or other third parties. You are not permitted to use the Marks without the prior written consent of Long Term Solutions or such third party that may own the Marks.
The Services on this Site are protected by copyright, trademark, patent and/or other intellectual property laws, and any unauthorized use of the Services at this Site may violate such laws and these Terms of Use. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, or its Services or their selection and arrangement, except as expressly authorized herein.
In addition to the Services offered by Long Term Solutions, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. Long Term Solutions offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services.
License to LTS for User Content
Certain Services offered through this Site accommodate or require User Content. By submitting User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant LTS a worldwide, royalty-free, non-exclusive license to modify and reproduce such User Content. You also grant LTS the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site.
Prohibited Communications
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from the Site, or any linked or affiliated Sites, including but not limited to, Facebook, Twitter, or other social media platforms, any unlawful, threatening, harrassing, libelous, offensive, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations to your access of this Site or any other affiliated Site.
You are further prohibited from disrupting or interfering with any other user’s enjoyment of the Site or affiliated or linked sites; uploading, posting, or otherwise transmitting through the Site any viruses or other harmful, disruptive or destructive files; creating a false identity; using or attempting to use another’s account, password, service or system without authorization from that user; disrupting or interfering with the security of, or otherwise causing harm to, the Site, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
Managing Content and Communications
LTS reserves the right, in its sole discretion, to delete or remove User Content from this Site and to restrict, suspend, or terminate your access to all of part of this Site, at any time without prior notice or liability. LTS may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, and the substance of any User Content. To the maximum extent permitted by law, LTS will have no liability related to User Content. LTS disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
DMCA Statement
It is the policy of Long Term Solutions to respond to claims of intellectual property infringement. Long Term Solutions will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of copyright infringement should be sent to the Designated Agent for this Site:
Long Term Solutions, Inc.
Chief Operating Officer
235 W. Central Street
Natick, MA 01760
Phone: 508-907-6290
Fax: 508-907-6292
Email: aharrington@longtermsol.com
Note: No other communications or notices should be sent to the Designated Agent, who is appointed solely for the purposes of receiving of claims alleging copyright infringement under the DMCA.
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. Sec. 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
1. Signature of copyright owner or person authorized to act on behalf of the owner;
2. Identification of copyrighted work claimed to be infringed;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number, and, if available, an electronic mail address);
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
Please be aware that there are substantial penalties for false claims.
Warranties and Disclaimers
Any information provided on this Site, and Services accessible through it, are provided “as is” without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Long Term Solutions makes no warranty that (i) the Site and the Services will meet your requirements; (ii) the Site and the Services will be uninterrupted, timely, complete or error-free; (iii) the results that may be obtained from the use of the Site or the Services will be effective, accurate, or reliable; (iv) the quality of the Site or the Services obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services obtained through the Site, or any defects in the Site, will be corrected.
The use of the Site and any Services accessible through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Long Term Solutions assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Service offered through the Site. In using this Site, including all Services available through it, you agree not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Sites. No advice or information, whether oral or written, obtained by you from Long Term Solutions or through or from the Site shall create any warranty not expressly stated in these Terms of Use.
Links to Other Internet Sites
This Site also includes links to other internet sites. These links are provided as a convenience only. Reference on the LTS website to any other internet site, specific commerical product, process, service, or company does not constitute its endorsement or recommendation by LTS. In addition, LTS does not endorse the views expressed on any referenced internet site and does not warrant the accuracy of the information found in these sites. The sites are owned and controlled by other parties and each will have its own privacy and security policies, which may differ from those of Long Term Solutions. Your access to and use of any other internet sites, including the information, services, products, and materials on them, is solely at your own risk.
Privacy of Information
Long Term Solutions is required by law to protect the confidentiality of your personal information. Therefore, Long Term Solutions will not release any personally identifiable information about you without your permission, unless the release is required by state or federal law.
Refund Policy
Long Term Solutions does not offer any refunds for any services provided. However, in the event that a client, on whom the service is to be performed, expires or unexpectedly enters a hospital before the service is to be performed, and Long Term Solutions has already received payment for the unperformed service, in those limited circumstances Long Term Solutions will provide a full refund to the client, or to whomever paid for the service on the client’s behalf.
Limitation of Liability
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL LTS, ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT LTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, ITS SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS SITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERENCED OR LINKED TO OR FROM THIS SITE.
Nothing in these Terms shall limit LTS’ obligations regarding the protection of Personal Health Information, as defined in the Health Information Portability and Accountability Act (“HIPAA”), and the security obligations therein, nor LTS’ obligations under Massachusetts’ law 201 CMR 17.00, Standards for the Protection of Personal Information of Residents of the Commonwealth.
Indemnification and Liability
To the fullest extent permitted by applicable law, you agree to indemnify and hold Long Term Solutions, and its affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorney’s fees and court costs, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content or computer viruses), your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another person or entity.
Governing Law
By accessing this Site, you and Long Term Solutions agree that all matters relating to your access to, or use of, this Site shall be governed by the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws principles thereof.
Entire Agreement
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Long Term Solutions and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent possible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Long Term Solutions to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.