LTC Ally Terms of Use

These terms of use (the “Terms”) are entered into between you and LTC Ally, its parents, affiliates, and related companies (“LTC,” “us,” “we,” or “our”). The following Terms govern your access to and use of the LTC website www.ltcally.com (the “Website”).

Please read these Terms carefully before you start to use the Website. BY USING THE WEBSITE YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY FOUND HERE WHICH IS INCORPORATED HEREIN BY REFERENCE. If you do not agree to these Terms or our Privacy Policy you must not access our Website.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of any revised Terms or Privacy Policy means you agree to the changes.

Access and Use of the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

To access the Website or some of the resources it offers, you may be asked to provide certain details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to this Website or use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

The Website may also contain message or communication features (collectively, “Interactive Features”). You agree to use the Interactive Features only to post, send, and receive messages and material that are proper and relevant to the LTC business. You agree to use any Interactive Features in accordance with these Terms.

Intellectual Property Rights

All contents, features, and functionality (including but not limited to all information, software, text, trademarks, logos, displays, images, video, and audio, and the design, selection, and arrangement thereof) included in the Website are owned by LTC, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not copy distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works, republish or transmit the Website, in whole or in part, or in any way without our prior written consent.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by LTC. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

You may not use any name, logo, tagline or other mark of LTC without our prior written consent.

Third Party Materials

The Website may contain certain content, features, links, and functionality that is provided by third parties (collectively, “Third-Party Materials”) and is not under the control of LTC nor is LTC responsible for the accuracy, completeness, timeliness, or reliability of Third-Party Materials. Your use of and interaction with such Third-Party Materials may be subject to separate terms and conditions of that third-party and LTC is not responsible for any form of transmission received from any Third-Party Materials. The inclusion of Third-Party Materials does not imply an endorsement by LTC or any association with the third party.

User Contributions

You acknowledge and agree that the Website is intended for informational purposes relating to LTC and its services. You agree that any information you provide through the Website and any of its Interactive Features (your “User Contributions”) will not contain material that:

is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, discriminatory or otherwise objectionable;
is false, misleading or inaccurate;
promotes sexually explicit content;
violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
poses a reasonable threat to personal or public safety;
infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
contains any unsolicited or unauthorized advertising or promotional materials (e.g. spam, junk mail, or any other form of solicitation that is in violation of the CAN-SPAM Act, CCPA, GDPR, HIPAA, or any other law; or
contains any virus or other harmful component.

We reserve the right (but have no obligation), in our sole discretion, to: (i) monitor User Contributions; (ii) disclose any User Contributions, and the circumstances surrounding its transmission; and (iii) take appropriate legal action against any illegal or unauthorized User Contributions.

YOU SHALL BE SOLELY LIABLE FOR ANY HARM RESULTING FROM ANY USER CONTRIBUTIONS. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LTC FROM ANY CLAIMS, ACTIONS, LOSSES, HARM, DAMAGE, INJURY, COST, OR EXPENSE ARISING OUT OF OR RESULTING FROM YOUR USER CONTRIBUTIONS.

Social Media Features

This Website may provide certain social media features that enable you to link to third-party websites. You may use these features solely as they are provided by us and you must not take any action that is inconsistent with these Terms. We may disable all or any social media features and any links at any time without notice in our sole discretion. If you decide to use or access any of the third-party websites linked to this Website you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Restrictions on Use

You agree not to access or use the Website for any purpose that is unlawful or prohibited by these Terms, including without limitation, to:

transmit any information or message that contains unlawful, infringing, threatening, fraudulent, libelous, defamatory, obscene or abusive information or language;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
impersonate any person or entity without proper authorization from that person or entity;
falsely state or misrepresent your affiliation with any person or entity, including the origin of any information you provide;
reproduce, duplicate, copy, download, store, further transmit, disseminate, distribute, transfer, or otherwise exploit the Website, or any portion thereof without the prior written consent of LTC, except that content on the Website may be viewed, reproduced, and downloaded solely for your own non-commercial use and is not in use or shared in any way that is commercially prejudicial to or competitive with LTC;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website, or attempt to probe, scan, test the vulnerability of, or breach the security of any LTC system or network;
interfere with or attempt to interfere with any software making up a part of the Website, by way of circumvention, reverse engineering, deciphering, decompiling, disassembling, decrypting, or otherwise;
introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technically harmful;
use any robot, spider, intelligent agent, other automatic device or manual process to search, monitor, or copy the Website, or the reports, data, information, content, software, products, or other materials on, generated by or obtained from the Website or any other unauthorized automated means to compile information without LTC’s permission, with the exception of generally available third-party web browsers;
obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Website;
use the Website in any manner that could damage or overburden any LTC server, or any network connected to any LTC server, as all servers have limited capacity and are used by many people;
upload or transmit any communication, software, or material that contains a virus or is otherwise harmful to LTC or our users’ computers and/or systems;
engage in any other conduct that restricts or inhibits any person from using or enjoying the Website, or that in our sole discretion, exposes us or any of our users, employees, affiliates, or any other third-party to any liability, damage, or detriment of any type;
advertise, offer to sell or buy any goods or services for any business purpose, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
or violate any applicable laws or regulations.

Violation of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Website for any or no reason at any time without notice.

Disclaimer

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LTC NOR ANY PERSON ASSOCIATED WITH LTC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, TIMELINESS, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. LTC DOES NOT WARRANT OR REPRESENT THAT THE WEBSITE WILL BE UNINTERUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE FULLEST EXTENT PROVIDED BY LAW, LTC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, TITLE, SECURITY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LTC, ITS PARENTS, AFFILIATES, AND RELATED COMPANIES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR THE SERVICES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, ANY ALLEGED FAILURE OR PERFORMANCE ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITE, OR ANY ALLEGED TRANSMISSION OF COMPUTER VIRUS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL LTC’S LIABIILTY EXCEED ONE HUNDRED DOLLARS ($100.00).

Indemnification

You agree to defend, indemnify, and hold harmless LTC, its parents, affiliates, and related companies, their licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions or your use of any information obtained from the Website.

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of New Jersey without regard to principles of conflicts of laws. If you and LTC do not resolve any dispute by informal negotiation, you agree that any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be the State of New Jersey and the arbitration shall apply New Jersey law.

You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor LTC will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

To the extent permitted by law, any claim or dispute under these Terms must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it will be permanently barred.

You agree that LTC may seek any interim or preliminary relief from any court of competent jurisdiction, necessary to protect its rights or property pending the completion of arbitration.

Waiver and Severability

No waiver by LTC of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LTC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

These Terms, our Privacy Policy, and any operating rules for the Website established by us constitute the entire agreement between you and LTC with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.