Terms of Service
LifeGuide EliteTerms of Service
We are LifeGuide Elite LLC, a Washington state limited liability company, doing business as LifeGuide Elite (LifeGuide Elite LLC), and are the owner and operator of the senior living website known as LifeGuide Elite found at lifeguideelite.com (the Website).
This LifeGuide Elite Terms of Service (Terms) is entered into by and between LifeGuide Elite LLC and you, the Client, as more fully identified below (You/r). These Terms govern Your use of the Website and any information or content offered or accessed through the same (collectively, the Services).
- Website Subscriptions.
3.1 Subscription Options. You may choose one of the subscriptions options offered through the Website in order to obtain a User License including: (a) Premium Subscription; (b) Placement Advisor Subscription; (c) Premium Service Provider Subscription; and (d) Basic Service Provider Subscription (collectively, Website Subscriptions). The benefits of each Website Subscription option are detailed on the subscription page of the Website (http://lifeguideelite.com) ; Website Subscription Page). LifeGuide Elite LLC hereby disclaims any and all Website Subscription benefits not otherwise identified on the Website Subscription Page.
3.2 Subscription Intake Process. Once LifeGuide Elite LLC receives Your initial Website Subscription fee payment as detailed in Section 3.3 of these Terms, LifeGuide Elite LLC will send You a Website intake form via e-mail to complete. In addition to this form, LifeGuide Elite LLC requires that You provide the following information and content to LifeGuide Elite LLC that You wish included on Your Website profile: (a) all promotional information You wish to post on the Website and/or Services; (b) photos of Yourself, Your Staff, and Your facility or facilities; (c) client testimonials of Your facility or facilities and/or services; and (d) all of Your social media links, addresses, and handles (collectively, Profile Content). Once Your Website intake form is returned to, LifeGuide Elite LLC and LifeGuide Elite LLC receives all of Your Profile Content, LifeGuide Elite LLC will within two to five (2 to 5) business days thereafter launch Your Website profile.
3.3 Subscription Fee Payments. You will be charged an initial Website Subscription fee stated at the time of Your purchase of Your Website Subscription. All Website benefits and services offered through each Website Subscription will begin as soon as Your initial Website Subscription fee payment is processed. Website Subscription fees will be assessed each month from the initial date of Your Website Subscription purchase. All Website Subscription fees are processed by a third-party payment provider subject to liability limitations provided in Section 6.3 of these Terms. Your monthly Website Subscription fee rate is subject to change six (6) months after commencement of Your Website Subscription and six (6) months periods thereafter. LifeGuide Elite LLC will notify You of such Website Subscription fee changes beforehand. All Website Subscription fees are non-refundable.
3.4 Taxes on Fees. All Website Subscription fees identified via the Website are exclusive of all taxes, levies and duties imposed by any applicable taxing authority. You will be responsible for payment of all such taxes, levies and duties associated with Your Website Subscription.
3.5 Subscription Modifications. You may upgrade or downgrade Your Website Subscription by contacting LifeGuide Elite LLC via the contact information provided in Section 13.5 of these Terms. Upon upgrade or downgrade of Your Website Subscription, Your monthly fee obligations will be adjusted in consideration of such Website Subscription changes.
3.6 Subscription Renewal and Cancellations. You may opt out of renewing Your Website Subscription by mail or e-mail via the contact information provided in Section 13.5 of these Terms. You must notify LifeGuide Elite LLC more than thirty (30) calendar days in advance of Your desire to cancel Your Website subscription in order for such cancellation to be valid. Your Website Subscription will be considered automatically renewed until You notify LifeGuide Elite LLC of Your cancellation of Your Website Subscription pursuant to this subsection of the Terms.
- Account Security. Upon registration of Your Website profile, You may be assigned or able to choose Your Website account access information (i.e., username and password) (Website Access Information). You and Your Authorized User(s) will be responsible for protecting Your Website Access Information. LifeGuide Elite LLC will not be liable to You for any loss or damage resulting from Your or Your Authorized User(s)’ failure to comply with Your obligations under this Section 4of the Terms.
- Intellectual Property.
5.1 Your Proprietary Rights. Any content or information provided by You to LifeGuide Elite LLC or the Website including without limitation Your Profile Content (collectively, Client Content) that You own or have rights to use will remain Your sole and exclusive property. You will be solely responsible for the accuracy, quality, integrity, reliability, appropriateness, legality, ownership and rights of use of all Client Content. You hereby grant to LifeGuide Elite LLC a worldwide, non-exclusive, irrevocable license to use Your Client Content as necessary to operate and maintain Your Website account, and provide the Website and Services.
5.2 LifeGuide Elite LLC Proprietary Rights. With the exception of Client Content, Redoch owns, licenses or lawfully uses all of the content contained on the Website and Services, including, without limitation: (a) any text, data, information, software, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the Content); (b) any know-how, methodologies, equipment, or processes used by t LifeGuide Elite LLC o provide the Website and Services (collectively, the Procedures); and (c) any trademarks, service marks, trade dress, i.e., logos and the look and feel of the Website and Services including their visual design elements and expression (collectively, the Marks). The Content, Procedures and Marks are provided to You on the Website and Services “as-is” solely for Your promotional activities. All rights not granted under this subsection of the Terms are expressly reserved.
5.3. Protection of Content. You understand and agree that LifeGuide Elite LLC cannot be responsible for security of Client Content or the validity of the content posted by any third party on the Website. You acknowledge and agree that Your use of the Website and Services is at Your own risk.
5.4 Intellectual Property Complaints. LifeGuide Elite LLC respects the intellectual property rights of others and requires that anyone who uses the Website and Services do the same. If You believe that any of Your Client Content work has been copied in a way that constitutes copyright infringement, please submit a notice with the following information to LifeGuide Elite LLC Copyright Agent (as designated pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(2)) via fax, mail, or e-mail as provided below:
- Your address, telephone number, and email address;
- A description of the copyrighted work(s) that you claim have been infringed;
- A description of where the alleged infringing material(s) are located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that all of the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s).
LifeGuide Elite LLC Copyright Agent:
Lucas S. Michels
Ironmark Law Group, PLLC
215 N.E. 40th Stree, Suite C-3
Seattle, Washington 98105 U.S.A.
Tel: +1 (206) 547-1914
- Third Parties.
6.2 Third-Party Content. Content on third-party websites and applications linked from the Website and Services are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded or otherwise exploited without the authorization of the third-party website or application content owner(s). LifeGuide Elite LLC is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any third-party website or application. LifeGuide Elite LLC does not endorse any third-party website or application, or any content, opinion, recommendation or advice expressed therein. LifeGuide Elite LLC expressly disclaims any and all liability arising out of or relating to such content. Further, LifeGuide Elite LLC does not warrant, endorse, guarantee or assume responsibility for any third-party website or application, service or content that is inaccurate, offensive, indecent or objectionable. You expressly waive any legal or equitable rights or remedies You have or may have against LifeGuide Elite LLC and will indemnify and hold LifeGuide Elite LLC harmless to the fullest extent allowed by law regarding all matters related to Your access and use of a third-party website or application accessed from the Website and/or Services. LifeGuide Elite LLC will not be a party to or in any way be responsible for monitoring any interaction between You and any third-party website or application.
6.3 Third-Party Providers. You understand that LifeGuide Elite LLC uses third-party vendors, service providers (including without limitation payment service providers as detailed in Section 3.3 of these Terms), and hosting partners to provide hardware, software, networking, storage, payment processing and related technology required to provide You the Website and Services (collectively, Third-Party Providers). LifeGuide Elite LLC will make a good faith effort to remedy any failure or complaint You may have against any Third-Party Provider, but LifeGuide Elite LLC will not be liable to You for any failure of a Third-Party Provider to provide such services or any other service to.
- LifeGuide Elite LLC Disclaimer. LifeGuide Elite LLC provides the Website, Services, and the resources contained therein, to You “as is” and without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. LifeGuide Elite LLC does not warrant that: (a) the Website or Services will meet Your specific requirements; (b) access or use of the Website or Services will be uninterrupted, timely, secure, error-free or corrected in a specific amount of time; (c) any Service will be accurate, complete, reliable or error-free; and (d) the Website or Services are of a particular quality.
- Limitation of Liability. In no event will LifeGuide Elite LLC be liable to You for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from: (a) Your use or misuse of the Website and/or Services; (b) personal injury or property damage of any kind resulting from Your use of the Website and/or Services, whether based on warranty, contract, tort, or other legal theory, and whether or not LifeGuide Elite LLC has been advised of the possibility of such damages; (c) conduct of any third party on the Website and/or Services; (d) unauthorized access to data storage facilities or equipment owned, lease or used by LifeGuide Elite LLC; (e) interruption, unavailability or errors associated with the Website and/or Services; or (f) bugs, viruses, or similar code which may be transmitted to or through the Website and/or Services. The foregoing limitation of liability applies to the fullest extent permitted by law.
- Warranties and Representations. You warrant and represent that You: (a) are eighteen (18) years of age or older and are fully able and competent to enter into, accept and comply with these Terms; (b) will not modify, adapt or access the Website and/or Services by means not expressly authorized by; LifeGuide Elite LLC (c) will not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website and/or Services without the express written permission of LifeGuide Elite LLC; (d) will not use or access the Website and/or Services for any purpose that is unlawful or prohibited by these Terms; (e) will take reasonable measures to protect Your Website Access Information and Website account information; and (f) will only provide Client Content to the Website, and Services that You own or have rights to provide to the same.
- Website and Service Modification. LifeGuide Elite LLC reserves the right, at its sole discretion, to modify, suspend or discontinue the Website and/or Services, or any aspect or portion thereof, at any time by posting a notice on the Website, or sending You notice through the Website, or by e-mail. LifeGuide Elite LLC may also impose temporary or permanent limits on certain Website or Service features, or restrict access to portions or all of the same without notice. LifeGuide Elite LLC will not be liable to You for any changes or modifications made pursuant to this section of the Terms, except as expressly stated in writing by LifeGuide Elite LLC. If You do not agree to any changes made pursuant to this section of the Terms, You must discontinue Your subsequent use of the Website and Services. Your use of the Website and/or Services following such changes constitutes Your acceptance of such changes.
13.1 Governing Law, Jurisdiction and Dispute Resolution. You agree that all matters relating to these Terms will be governed by the laws of the State of Washington, and You consent to the jurisdiction and venue of the federal and state courts sitting in Seattle, Washington. The parties will conduct friendly negotiations (including mediation if requested by either party) to resolve any dispute arising out of these Terms. The party substantially prevailing in any subsequent proceeding (including without limitation trial, appellate and arbitration proceedings) will be entitled to recover all related costs and expenses, including without limitation attorney’s fees.
13.2 Relationship of the Parties. You and LifeGuide Elite LLC agree that no joint venture, partnership, employment, or agency relationship exists between You and LifeGuide Elite LLC as a result of these Terms or Your use of the Website and/or Services.
13.3 Completeness and Severability. These Terms constitutes the entire agreement between You and LifeGuide Elite LLC concerning Your use of the Website and Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which remain in full force and effect.
13.4 Waivers. A waiver of any term of these Terms will not be a further or continuing waiver of such term or any other term of these Terms, and LifeGuide Elite LLC failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision.
13.5 Questions. Questions about these Terms, the Website, or Services should be sent via e-mail to firstname.lastname@example.org or via mail to, LifeGuide Elite LLC Attn: LifeGuide Elite LLC Website and Services Questions, at P.O. Box 6231
Edmonds, Washington 98026.