Effective Date: September 29, 2014
Revisions to Terms
You are reading the most current version of the Terms, effective as of the date listed above. We may update or modify the Terms at any time by posting a new version here without prior notice. Modifications shall become effective immediately upon being posted. Your continued use of the Site after any such update constitutes your acceptance of and agreement to such changes.
All content included or available on our Site, including without limitation text, articles, analysis, information, ideas, designs, layouts, graphics, icons, images, interfaces, compilation, arrangements, and underlying software and code in various formats (collectively “LTC Content”) is owned and controlled by LTC and its affiliates, advertisers or licensors, and is protected by the copyright and trademark laws of the United States, international conventions and other countries. Any trademarks, service marks, or logos appearing on the Site are proprietary to LTC or its affiliates, advertisers or licensors.
We grant you a limited license to access and make personal use of our Site. You may download and print pages and information from our Site only for your personal, non-commercial, use and reference. You may not modify, distribute, perform, display or create any derivative works from any LTC Content or further copy any LTC Content without the express written consent of LTC. This license prohibits any commercial use of our Site or our LTC Content or any use of data mining, robots or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any LTC Content on the Site without the express written consent of LTC. You may not use or embed in any other Internet site or blog any meta tags or other non-visible meta-data that incorporates any trademarks, service marks, logos or trade names of LTC without the express written consent of LTC. Any unauthorized use of our Site terminates the license granted by LTC.
You are solely responsible for your actions when using the Site. You may also be held responsible for encouraging or trying to have someone else do what you are prohibiting from doing. You understand and hereby agree that you may and will not:
- Violate any intellectual property or other proprietary rights of LTC, its affiliates or any third party, including, without limitation, copyright, trademark, patent, and rights of privacy or publicity;
- Copy, distribute, scrape, transmit, share, download, upload, sell, or transfer LTC Content in any way without LTC’s prior written permission or authorization;
- Engage in any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international laws or regulations;
- Use a virus, Trojan horse, worm, time bomb, spyware, bot, program, code, file or any other material designed to interrupt, disrupt, alter, destroy, or limit the Site or Content;
- Transmit, store or otherwise make available the private information of a third party or a third party’ trade secrets or other material that contains any information, software or other material of a commercial or proprietary nature;
- Use the Site to make unsolicited offers, requests, advertisements, proposals, or send spam of any kind to other users; or
- Impersonate or pretend to be someone else, or allow someone to impersonate or pretend to be you.
Third Party Sites
We may now or in the future offer links on our Site which provide you access to third party websites. You acknowledge that we have no control over such websites and are not responsible for the availability of such external websites. LTC does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such third party websites linked from the Site. LTC does not make any representations regarding the content or accuracy of materials on such third party websites and your use of third party websites is at your own risk and subject to the terms and conditions and policies and procedures of such sites.
Disclaimer of Warranties; Limitation of Liability
THE SITE AND LTC CONTENT IS PROVIDED “AS IS.” OUR SITE AND LTC CONTENT IS OFFERED FOR INFORMATION PURPOSES ONLY. YOU RELY ON THE SITE AND LTC CONTENT AT YOUR OWN RISK. THE SITE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT POSSIBLE BY LAW, LTC DOES NOT WARRANT THAT THE SITE IS FREE OF COMPUTER VIRUSES, MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS OR OMISSIONS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF LTC CONTENT AND ANY AND ALL FEATURES AND FUNCTIONS OF OUR SITE. LTC MAKES NO WARRANTY THAT THE QUALITY OF THE SITE OR LTC CONTENT WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. INFORMATION ON THE SITE MAY BE INACCURATE OR INCOMPLETE AND MAY BE CHANGED WITHOUT NOTICE.
IN NO EVENT SHALL LTC, ITS AFFILIATES, LICENSORS, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR LTC CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LTC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LTC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to indemnify, defend, and hold harmless LTC, its parents, subsidiaries, affiliates, officers, directors and employees, from any claim or demand, and all resulting or incurred liabilities, damages, costs and expenses (including reasonable attorneys’ fees), made by any third party concerning, arising out of or relating to your use of the Site or LTC Content, your violation of these Terms, or any direct or contributory infringement or violation by you of third party intellectual property, publicity, privacy or other rights. We reserve the right to assume all or any part of the defense and control of any such claims and negotiations for settlement or compromise and you agree to fully cooperate with us in doing so.
Governing Law and Jurisdiction
You acknowledge and agree that you use and access the Site voluntarily. If you access the Site from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with all local laws, if and to the extent local laws are applicable to your use of the Site.
These Terms will be construed and enforced under the laws of the state of California. You agree that the state and federal courts in the state and county of California shall be the exclusive forums for any dispute arising out of these Terms and the parties hereby consent to the personal jurisdiction of such courts and agree to waive any right to plead, claim or allege that the state of California is an inconvenient forum. You agree that you will not file a class action, or participate in a class action or collective action against LTC.
If any provision of these Terms shall be held by a court or other tribunal of competent jurisdiction unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that these Terms and any other agreements referenced herein may be assigned by LTC, in its sole discretion, to a third party in the event of a merger, acquisition or sale by LTC or its affiliates of all or a portion of its assets relating to the business involving the Site.
These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between you and LTC. Our failure to enforce any provisions of these Terms or to respond to an alleged breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.
Questions and Reporting Violations
If you have any questions or to report any violations of these Terms, please contact us at:
LTC Properties, Inc.
2829 Townsgate Road, Suite 350
Westlake Village, CA 91361