Terms of Service

1. We Do Not Provide Medical or Financial Advice

The Services are intended to provide insight into overall current health and care needs, and predictions of future health and care needs. The Services does not constitute an opinion, medical advice, or diagnosis or treatment, and is provided for informational purposes only. LTCareNav does not engage in the practice of medicine or other professional services performed by practitioners of the healing arts. The Services is not intended to constitute or be a substitute for professional medical advice, clinical therapy, psychotherapy, diagnosis, or treatment. Always seek the advice of a qualified health professional with any questions you may have regarding a medical or mental condition and depending on circumstances, you may consider seeking a second opinion.

WHILE LTCARENAV PROVIDES REPORTS AND PROJECTIONS OF HEALTH AND CARE AND CAN PROVIDE INSIGHT INTO PREDICTIONS OF FUTURE CARE NEEDS AND DECLINE, NO INFORMATION THAT LTCARENAV COMMUNICATES WITH YOU PROVIDES YOU WITH, OR IS INTENDED TO PROVIDE YOU WITH, A DIAGNOSIS OR TREATMENT.

NO INFORMATION PROVIDED BY US IS INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SERVICES OR OTHERWISE AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.

The Services are intended to provide insight into financial needs for care and potential need for Medicaid and what it entails to best prepare for the process. The Services does not constitute an opinion, financial advice, or financial or legal services, and is provided for informational purposes only. LTCareNav does not engage in the financial or legal other professional services performed by such practitioners. The Services is not intended to constitute or be a substitute for professional financial advice, Medicaid advice, or legal advice. Always seek the advice of a qualified financial and legal professional with any questions you may have regarding financial and legal decisions and depending on circumstances, you may consider seeking a second opinion.

2. No Professional-Patient, Professional-Client Relationship

NO LICENSED MEDICAL PROFESSIONAL-PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES. THIS IS TRUE WHETHER SUCH USE IS THROUGH THE USE OF THE SERVICES, DIRECTLY BY YOU THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM US INCLUDING, WITHOUT LIMITATION, ANY BLOG, SOCIAL MEDIA, EMAIL OR TEXT.

NO FINANCIAL SERVICES OR LEGAL SERVICES PROFESSIONAL RELATIONSHIP IS CREATED WHEN YOU USE THIS SERVICE. THIS IS TRUE WHETHER SUCH USE IS THROUGH THE USE OF THE SERVICES, DIRECTLY BY YOU THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM US INCLUDING, WITHOUT LIMITATION, ANY BLOG, SOCIAL MEDIA, EMAIL OR TEXT.

3. Use of Artificial Intelligence

The Services may use artificial intelligence, machine learning models, and related automated technologies ("AI") to generate content, summarize information, power conversational features, assist with search or matching functionality, or otherwise support the Services. AI may be provided by LTCareNav or by third-party vendors whose technology LTCareNav incorporates into the Services.

AI-generated content, recommendations, summaries, and responses are produced through automated processes and may be incomplete, outdated, or inaccurate, and may not reflect your specific circumstances. AI does not exercise professional judgment, and its output is not reviewed by a medical, financial, legal, or other licensed professional unless expressly stated otherwise. You should independently verify any AI-generated information before relying on it, and should not treat AI output as a substitute for professional advice, for the advice of a qualified individual familiar with your circumstances, or for your own judgment.

AI-generated content is subject to the same disclaimers set forth in Section 1 ("We Do Not Provide Medical or Financial Advice") and does not create any professional relationship of the kind disclaimed in Section 2 ("No Professional-Patient, Professional-Client Relationship"). Any shortlists, sort orders, matches, or connection options generated by AI-assisted features remain subject to Section 4 ("Commercial Users") and are not endorsements, guarantees, recommendations, or professional advice.

If you submit information to an AI-powered feature, that information may be processed by LTCareNav and by the third-party AI provider(s) supporting that feature, consistent with our Privacy Policy. You should avoid submitting information you do not wish to be processed in this manner, beyond what is necessary to use the Services.

LTCareNav disclaims all liability for errors, omissions, or inaccuracies in AI-generated content to the fullest extent permitted by law, consistent with the disclaimers and limitations of liability set forth in Section 16.

4. Acceptable Use of the Services

You are responsible for your use of the Services, and for any use of the Services made using your account. When you use the Services, you shall not:

1. violate any law or regulation;
2. violate or infringe other people's intellectual property, privacy, publicity, or other legal rights;
3. use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs or personal contact information of others, without their permission;
4. transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
5. send unsolicited or unauthorized advertising or commercial communications, such as spam;
6. transmit any malicious code or computer viruses;
7. stalk, harass, or harm another individual;
8. impersonate or misrepresent your affiliation with someone else;
9. use any means to "scrape," "crawl," or "spider" any web pages contained in the Services (although LTCareNav does allow operators of public search engines to use spiders to index materials from the Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and LTCareNav reserves the right to revoke these exceptions either generally or in specific cases);
10. use automated methods to use the Services in a manner that sends more requests to the LTCareNav servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
11. interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, malicious code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
12. use, display, mirror, or frame the Services or any individual element within the Services, LTCareNav's name, any LTCareNav trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without LTCareNav's express written consent;
13. access, tamper with, or use non-public areas of the Services, LTCareNav's computer systems, or the technical delivery systems of LTCareNav's providers;
14. attempt to probe, scan, or test the vulnerability of any LTCareNav system or network or breach any security or authentication measures;
15. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by LTCareNav or any of LTCareNav's providers or any other third party (including another user) to protect the Services;
16. attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
17. advocate, encourage, or assist any third party in doing any of the foregoing.

LTCareNav may investigate and prosecute violations of any of the above to the fullest extent of the law. LTCareNav may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that LTCareNav has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. LTCareNav reserves the right, at any time and without prior notice, to remove or disable access to any content on the Services that LTCareNav, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services.

5. Commercial Users

By using the Services, you authorize LTCareNav to use the information you provide to identify and match you with Commercial Users and other third-party providers that may be relevant to your search. As part of this matching and introduction process, LTCareNav may share your contact information and a general overview of your care needs with one or more Commercial Users so that they may follow up with you. This may occur through automated means, including AI-assisted matching (see Section 3, "Use of Artificial Intelligence"). You may withdraw this authorization at any time by contacting us, though doing so may limit our ability to provide matching or introduction features to you going forward.

Certain aspects of the Services are made available for use by participating communities and home care agencies ("Commercial Users"). Commercial Users are solely responsible for evaluating and accepting (or declining) prospective residents or clients and for the services they deliver. This includes ensuring that staff are appropriately qualified and trained and that facilities, resources, and equipment are sufficient for the services offered. LTCareNav does not supervise, manage, or direct any staff, care, or operations of any Commercial User.

Each Commercial User is responsible for the content it posts or that appears on its pages on our website or the Services. Such content does not represent LTCareNav's views, and LTCareNav does not control, verify, or guarantee content provided by Commercial Users or any other third party. LTCareNav does not vouch for the accuracy or completeness of any information posted by or for a Commercial User and assumes no liability for actions you take in reliance on that information. Your use of such information is at your own risk.

Eligibility, acceptance, capacity, services, and pricing are determined solely by each Commercial User. LTCareNav does not participate in or make admission, enrollment, care, or service decisions, and nothing on the Services or our website should be interpreted as LTCareNav recommending or endorsing any particular Commercial User or other business or organization. We provide an information and connection service only. We do not (1) place any person with any Commercial User, (2) perform medical assessments of or for any person or Commercial User, or (3) participate in decisions regarding final selection, admission, or service arrangements.

LTCareNav is not a representative or agent for you or for any Commercial User and does not act on either party's behalf. LTCareNav does not broker, sell, or lease space or services directly and is not a party to any transaction or agreement between you and any Commercial User. Decisions about acceptance, services, and pricing are made solely by you and the Commercial User.

Any shortlists, sort orders, "matches," or connection options, including those generated by AI-assisted features (see Section 3, "Use of Artificial Intelligence"), are provided for convenience based on your stated preferences and available information; they are not endorsements, guarantees, recommendations, or professional advice. You should conduct your own due diligence and independently evaluate whether any Commercial User or other organization is appropriate for your needs.

6. Ownership

We own or license the content on the Services, including software, text, visual, and audio content (collectively, the "Content") and LTCareNav's trademarks, logos, and brand elements (collectively, the "Marks"). The Content and Marks are protected under U.S. and international laws. We reserve all rights not expressly granted to you.

7. Privacy

LTCareNav respects your privacy. Please read our Privacy Policy to learn how we collect, use, and disclose information about you. All users granted access to an account will have access to the personal information contained within that account, including the care recipient's data.

We may also collect personally identifiable information that may be considered "Consumer Health Data" under applicable state consumer health data privacy laws. If you are a resident of Nevada or Washington, please see our Consumer Health Data Privacy Disclosure for more information.

8. User Accounts

When you register as a user on the Services, you must establish a username and password for access to your account and create a personal profile. You may only use this account personally and may not share the account with anyone else. You agree to keep your contact and billing information (including, but not limited to, your email address) up-to-date and to comply with all billing procedures, including providing and maintaining accurate, truthful and lawful billing, credit card and profile information for active accounts.

You will be solely responsible for all acts or omissions that occur under your account. You agree that if you provide your LTCareNav account login information to someone or allow others to use the Services, you will be held responsible for all activity on the Services, whether such activity is undertaken by you or someone else.

9. Security

You are responsible for ensuring the confidentiality and security of your username and password and agree not to disclose them to any other person. It is your sole responsibility to control the use of your username and password and promptly inform us if you believe your account or password has been compromised. We cannot and do not assume any responsibility or liability for any information you submit or your or any third parties' use or misuse of information transmitted or received using the Services.

10. Third Party Content and Interactions

The Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of LTCareNav, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations found on or through the Services are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that LTCareNav is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

11. Payment

While most Services are free, certain aspects of the Services ("Paid Services") may be subject to additional charges ("Service Fees"), as set forth in any Additional Terms or other order form agreement that may be in place between you and LTCareNav (in each case, a "Service Agreement").

Except as otherwise provided in your specific Service Agreement, Paid Services are billed in advance on a monthly basis. You agree to pay monthly recurring fees at the beginning of the billing cycle in which you receive the Services until your Service Agreement is cancelled. All Service Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all taxes, levies, or duties associated with Paid Services that you order, purchase, or receive hereunder or under any Service Agreement, excluding only United States (federal or state) income taxes. All Service Fees and other amounts paid hereunder are paid in advance and are non-cancelable, and all amounts paid are nonrefundable.

When you sign up for the Paid Services, you consent and authorize us to automatically collect payments of all fees, charges, and taxes associated with use of the Paid Services as set forth in your Service Agreement from your designated payment method associated with your account until your Service Agreement is cancelled. Your payment date will be your monthly anniversary date of sign up. We will send your monthly billing statement to the email address associated with your account, which will contain all fees, charges, and taxes for the applicable billing cycle. You may also view your billing statements by logging into your account on https://LTCareNav.com. You agree to provide us with accurate and complete payment information and promptly notify us of any changes to your payment information. If you make changes to your payment information less than 24 hours before your next billing date, we may not be able to apply these changes to your next billing cycle. You can make changes to your payment information via your account on https://LTCareNav.com or by contacting Customer Support.

Except as otherwise provided in your specific Services Agreement, we shall have the right to adjust our Service Fees in accordance with our then-current pricing (each, a "Service Fee Adjustment"). We may implement any such Service Fee Adjustment by providing written notice to you at least thirty (30) days prior to the Service Fee Adjustment taking effect.

In addition to any other rights available to it at law or equity, we reserve the right to terminate or suspend your access to the Service, if your account for Paid Services becomes delinquent. Delinquent amounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including our attorneys' fees, regardless of whether or not suit is brought. Any checks returned for insufficient funds are subject to a return charge to be assessed in accordance with our then-current payment terms, in which case your account will immediately be considered to be in default until full payment is received. You will continue to be charged for amounts owed hereunder during any period of payment delinquency.

12. Subscription Cancellation and Refund Policy

You can cancel your Services plan at any time through your online account at https://LTCareNav.com or through our customer service line. We reserve the right to terminate any Service plan you purchased from us at our discretion at any time, in accordance with these Terms.

If you cancel before the prepaid monthly subscription period, you will not be able to receive a refund for the month.

Upon termination or expiration of your Services plan, your right to access and use the Services covered under such Services plan will automatically and immediately cease. We will be entitled to any compensation or other amounts earned with respect to the Services, as well as any interest, late charges, or other amounts owed, through the effective date of termination or expiration. Neither party shall be liable to the other for damages of any kind, including incidental or consequential damages, on account of the rightful termination or natural expiration of any Services plan. Upon termination or expiration of any Services plan for any reason, any fees or other charges paid by you in advance for the unused portion of Services plan are deemed fully-earned and non-refundable, and will not be returned.

13. Links

The Services may contain links to other websites, or allow others to send you such links. A link to a third party's website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

14. Access Outside of the United States

The Services are intended for use within the United States and we make no claims that the Services are appropriate to be downloaded and/or used outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

15. Export Controls

You may not use the Services in or for the benefit of, export, or re-export (a) to any U.S. embargoed countries (collectively, the "Embargoed Countries") or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, any other restricted party lists (existing now or in the future) identified by the Office of Foreign Asset Control, the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted party lists (collectively, "Restricted Party Lists"). You represent and warrant that you are not located in any Embargoed Countries and not on any such restricted party lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists.

16. Termination

We reserve the right not to provide the Services to any user. We also reserve the right to terminate any user's right to access the Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Services automatically terminates.

17. Disclaimer and Limitations on Our Liability

YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LTCARENAV AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). LTCARENAV DOES NOT GUARANTEE THAT (a) THE PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS, OR (b) THE SERVICES WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS.

IN PARTICULAR, LTCARENAV AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SERVICES), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SERVICES. LTCARENAV AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) VIOLATIONS OF PRIVACY DUE TO YOUR FAILURE TO OBTAIN PATIENT CONSENT TO BE MONITORED; (b) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (c) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS OR USE OF THE SERVICES; (d) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (e) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (f) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SERVICES; OR (g) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. YOU ACKNOWLEDGE THAT LTCARENAV DOES NOT CONTROL THE TRANSFER OF DATA OVER THE INTERNET, AND THAT THE SERVICES WILL BE SUBJECT TO LIMITATIONS INHERENT IN THE USE OF THE INTERNET. LTCARENAV IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RESULTING FROM LIMITATIONS INHERENT IN THE USE OF THE INTERNET.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LTCARENAV OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LTCARENAV NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent LTCareNav may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of LTCareNav's liability will be the minimum permitted under such law.

18. Indemnification

You agree to indemnify, defend, and hold LTCareNav and its Affiliates harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) the failure to obtain the patient's consent, or the patient's authorized representative's consent on the patient's behalf, to be monitored by the Services; (b) any information that you or anyone using your account submit, post, or transmit on or through the Services; (c) the use of the Services by you, anyone accessing or using your account; (d) the violation of these Terms by you or anyone accessing or using your account; or (e) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. LTCareNav reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with LTCareNav in such defense.

19. Dispute Resolution & Arbitration

(a) Applicable Law

You and LTCareNav agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, the Services will be resolved in accordance with the provisions set forth in this Section 19. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND LTCARENAV HAVE AGAINST EACH OTHER ARE RESOLVED.

LTCareNav and you agree that the Terms are governed by the Federal Arbitration Act ("FAA") and applicable federal law, including, but not limited to, determinations of arbitrability. Without limiting the general applicability of federal law to the Terms (including, but not limited to, any and all determinations of arbitrability as provided for in this Section 19, Dispute Resolution and Arbitration) and only to the extent state law may apply to the Terms, the LTCareNav and you agree the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Terms. Foreign laws do not apply.

Legal notices shall be served on LTCareNav's registered agent in the State of Ohio (in the case of LTCareNav) or your email address on file with us (in your case). Notice by us to you shall be deemed given within twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to any physical address you have on file with us. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.

You and the LTCareNav each agree that any and all disputes or claims that have arisen or may arise between you and the LTCareNav relating in any way to or arising out of the Terms or your use of or access to the Services, shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The FAA governs the interpretation and enforcement of the agreement to arbitrate set forth in this Section 19 ("Agreement to Arbitrate").

In order to ensure the availability of witnesses, unless otherwise prohibited by law, arbitration will be held in Cuyahoga County, Ohio. In all cases, arbitration will be held in accordance with this Section 19, Dispute Resolution & Arbitration. Subject to this Section 19, Dispute Resolution & Arbitration, and to the extent permissible under the Terms, any court proceedings must be initiated in the applicable federal or state court located in Cuyahoga County, Ohio.

(b) Prohibition of Class and Representative Actions and Non-Individualized Relief (The "Class Action Waiver")

YOU AND LTCARENAV AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND LTCARENAV AGREE OTHERWISE IN A SEPARATE WRITING, THE ARBITRATOR MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER LTCARENAV USERS. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH'S PROHIBITIONS ON CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTIONS OR PROCEEDINGS AS TO ANY CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND RESOLVED IN COURT, SUBJECT TO YOUR AND LTCARENAV'S RIGHT TO APPEAL THE COURT'S DECISIONS. ALL OTHER CLAIMS WILL BE ARBITRATED.

Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not award "public injunctive relief" under California law. See, e.g., McGill v. Citibank, N.A., 393 P.3d 85, 90 (Cal. 2017) ("[P]ublic injunctive relief … is relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public."). Rather, public injunctive relief may be awarded only by a federal or state court. If either party seeks public injunctive relief, all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for public injunctive relief in federal or state court shall be stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for public injunctive relief. In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

(c) Waiver of Jury Trial

IN ALL EVENTS, EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES. THE PARTIES FURTHER AGREE THAT, IF AND TO THE EXTENT THIS AGREEMENT TO ARBITRATE DOES NOT APPLY TO ANY CLAIM, THAT CLAIM WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.

(d) Arbitration Procedures

Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should also apply the Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to the interpretation and enforceability of the CLASS ACTION WAIVER will be resolved by a court of competent jurisdiction. Other than issues related to the CLASS ACTION WAIVER, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising out of or relating to the interpretation, validity, applicability, enforceability, or formation of this Agreement to Arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the Terms are void or voidable. The FAA and federal arbitration law apply to this Agreement to Arbitrate.

1. Informal Dispute Resolution

You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone conversation between you personally and us. To initiate this good faith effort to informally resolve a dispute, you agree to notify us in writing at LTCareNav, LLC, PO Box 140, 30799 Pinetree Road, Cleveland, OH 44124 of the nature of this dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain sufficient understanding of the dispute. During the 60 days from receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within those 60 days (which can be extended by agreement of the parties), you or we may commence arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completion of this informal dispute resolution process is a condition precedent to filing an arbitration. You and we agree to toll the statute of limitations and any filing fee deadlines while the parties engage in this informal dispute resolution process. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. We will send any dispute related notice to you at the contact information we have for you. If, for some reason, the dispute is not satisfactorily resolved within thirty (30) days after receipt, any further dispute resolution will occur according to the provisions below. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding, such as an arbitration or small claims court proceeding.

2. Arbitration with AAA

If we are unable to resolve the dispute through the mandatory informal dispute resolution process described herein, and except as set forth below, you and we agree that we will resolve any controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a "Claim") through binding and final arbitration, instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA Rules")(as applicable), as modified by this Agreement to Arbitrate. The AAA Supplementary Rules for Class Arbitrations will not apply. This Agreement to Arbitrate applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be heard and determined by a single arbitrator. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.

3. Arbitration Initiation

If you or LTCareNav are unable to resolve any Claims informally, you or LTCareNav may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must send a copy of the completed form to the opposing party. You may send a copy to LTCareNav at the following address: PO Box 140, 30799 Pinetree Road, Cleveland, OH 44124. In the event LTCareNav initiates arbitration against you, it will send a copy of the completed form to any physical address we have on file associated with your account (or your email address if no physical address is on file).

Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action.

4. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise stated in this Agreement to Arbitrate. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

(e) Availability of Other Forms of Relief

This Agreement to Arbitrate does not preclude either party from seeking action by federal, state, or local government agencies. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions and any such request shall not be deemed incompatible with this Agreement to Arbitrate, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement to Arbitrate. Finally, nothing in this Agreement to Arbitrate will prevent or restrict us from commencing an action in any court of competent jurisdiction for collection of Fees or other amounts owed to us hereunder.

(f) Severability

With the exception of any of the provisions in the CLASS ACTION WAIVER, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section shall continue in full force and effect. No waiver of any provision of this Agreement to Arbitrate will be effective or enforceable unless recorded in writing and signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Agreement to Arbitrate will survive the termination of your relationship with us.

(g) Mass Arbitration Process Requirements

If twenty-five (25) or more similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your dispute might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules: Counsel for the claimants and our counsel shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration, nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge and we will pay the mediator's fee. If the parties are unable to resolve the remaining matters through mediation at this time, then each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration, nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process, unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge and we will pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this section regarding "Disputes" from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against us. Should a court of competent jurisdiction decline to enforce these "Mass Arbitration Process Requirements," you and we agree that you and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

(h) Opt-Out Procedure

If you are a new user of our Services, you can choose to reject this Agreement to Arbitrate by notifying us in writing that you opt out ("Opt-Out Notice"). Your Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept the Terms for the first time. You must mail your Opt-Out Notice to: LTCareNav, LLC, PO Box 140 Pepper Pike, Ohio 44124.

Your Opt-Out Notice should state that you opt out of this Agreement to Arbitrate and provide your name, address (including street number and address, city, state, and zip code), phone number, and the email address(es) used to login to your account(s) to which the opt-out applies. You must sign and date the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

(i) Future Amendments to Agreement to Arbitrate

Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and LTCareNav prior to the effective date of the change. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate by posting the amended terms on our Services at least thirty (30) days before the effective date of the amendments and by sending notice via email to your email address on file with us. If you do not agree to the amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

20. California Users and Residents

Any and all comments, questions or concerns about the Services can be addressed and sent to us via certified mail to: PO Box 140 Pepper Pike, Ohio 44124. California users may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Sacramento, CA 95834 or by phone at (800) 952-5210.

21. Copyright Infringement Notices and DMCA Notices

If you believe in good faith that materials hosted by us on our website or on the Services infringe your copyright, you or your agent may send us a written notice that includes:

1. Clear identification of the copyrighted work you claim was infringed;
2. Clear identification of the material you claim is infringing on the Sites, such as a link to the infringing material;
3. Your address, email address, and telephone number;
4. A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law;
5. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
6. Your signature.

Send notices to:

LTCareNav, LLC
Attn: Managers
PO Box 140
Pepper Pike, Ohio 44124
Phone: 216.202.0814
Email: Privacy@LTCareNav.com

22. Other Provisions

1. When you use the Services, you consent to communicating with us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You understand if you do not provide us with and maintain in your account profile, your current and active email address, we may not be able to contact you.
2. Under no circumstances will LTCareNav be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
3. These Terms will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any conflict of laws rules or provisions.
4. You agree that any action of whatever nature arising from or relating to these Terms or the Services will be filed only in the state or federal courts located in Cuyahoga County, Ohio. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
5. If there is a conflict between an oral or written representation made by LTCareNav or any LTCareNav employee or agent and these Terms, these Terms will prevail. If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
6. The failure of LTCareNav to enforce any right or provision of these Terms will not prevent LTCareNav from enforcing such right or provision in the future.
7. Headings in the Terms are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.
8. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets, or by operation of law. These Terms and the rights and obligations hereunder, may not be transferred, delegated or assigned by you without the prior written consent of LTCareNav. For purposes of this Agreement, if you are agreeing to these Terms on behalf of a business entity, a sale of a controlling interest of such entity's equity securities or other change in control transaction will be deemed an assignment hereunder.
9. The language in these Terms shall be construed as to its fair meaning and not strictly for or against either party. The headings in these Terms are meant for convenience only, and shall not be deemed to affect the meaning or construction of any of the Terms.
10. No provision of these Terms shall be interpreted to conflict with the intent of the parties that their legal status with respect to these Terms and the Services being provided hereunder shall at all times be that of independent contractors, and not as employees, partners, or joint venturers.

23. Changes to these Terms

We may change these Terms from time to time. If we change these Terms, we will inform you by posting the revised Terms on the Services. Those changes will go into effect on the "Revised" date shown in the revised Terms. By continuing to access or use the Services, you agree to the revised Terms. To the extent that any such modification or update to these Terms is ineffective or invalid for any reason, then the prior version of the Terms will remain valid and in effect.