Effective Date: 20th April 2025
Please read these Terms of Use carefully before using the website of Lifetime Home Care ("Company," "we," or "us"). By accessing or using the website lifetimehomecare.com (the "Site"), you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use, please do not use this Site.
By accessing and using this Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.
This Site is intended for individuals who are 18 years of age or older. By using this Site, you represent and warrant that you meet these requirements.
We reserve the right to revise and update these Terms of Use at our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter.
Your continued use of the Site following the posting of revised Terms of Use means you accept and agree to the changes.
We reserve the right to withdraw or amend this Site and any service or material we provide on the Site, at our sole discretion without notice.
We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site.
You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Lifetime Home Care, its 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 must not:
No right, title, or interest in or to the Site or any content on the Site is transferred to you.
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
Additionally, you agree not to:
The information presented on or through the Site is made available solely for general information purposes.
We do not warrant the accuracy, completeness, or usefulness of this information.
Any reliance you place on such information is strictly at your own risk.
The Site may contain links to third-party websites or resources. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
If you decide to access any third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Lifetime Home Care operates the Site from its offices in the United States.
We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, LIFETIME HOME CARE 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 SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK.
THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER LIFETIME HOME CARE NOR ANY PERSON ASSOCIATED WITH LIFETIME HOME CARE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Lifetime Home Care (INCLUDING ITS SUBSIDIARIES AND AFFILIATES) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER (INCLUDING ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, COSTS OR ATTORNEY’S FEES) ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE, ACCESS TO, USE OF OR THE OPERATION OF ANY SITE, ANY OF THE SITE CONTENT OR USER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Lifetime Home Care (including any of its subsidiaries, affiliates, licensors and their respective officers, directors, employees, agents and representatives) from and against all claims, actions, liabilities, losses, demands, damages, expenses, and costs (including attorney’s fees) (collectively the “Claims”) arising out of or relating to: (i) your access to or use of the Sites or Services; (ii) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); and (iii) your breach of any of these Terms of Use. You shall promptly notify Lifetime Home Care of any third-party Claims, cooperate with Lifetime Home Care in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). Lifetime Home Care reserves the right to assume, at its sole discretion, the exclusive control over defense or settlement of any third-party Claims.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT (a) MAY REQUIRE YOU TO ARBITRATE DISPUTES WITH Lifetime Home Care; (b) PRECLUDES YOU FROM HAVING A JURY TRIAL; AND (c) REQUIRES THAT ANY DISPUTES BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
THIS ARBITRATION PROVISION SHALL APPLY TO ALL DISPUTES WITH Lifetime Home Care. YOU HEREBY AGREE TO RESOLVE ANY DISPUTE(S) THROUGH PRIVATE ARBITRATION.
ARBITRATION IS A PROCESS UNDER WHICH A PERSON WITH A DISPUTE: (A) WAIVES THEIR RIGHTS TO FILE A LAWSUIT AND HAVE A JURY DECIDE THAT DISPUTE; AND (B) AGREES INSTEAD TO SUBMIT SUCH DISPUTE TO A NEUTRAL THIRD PERSON (AN “ARBITRATOR”) FOR FINAL BINDING RESOLUTION. EACH PARTY TO ARBITRATION HAS AN OPPORTUNITY TO SUBMIT INFORMATION SUPPORTING THEIR CLAIMS AND DEFENSES TO THE ARBITRATOR.
SUCH PRE-ARBITRATION DISCOVERY IS MORE LIMITED THAN WHAT APPLIES IN A COURT TRIAL, AND THE ARBITRATION ITSELF IS PRIVATE AND LESS FORMAL THAN A COURT TRIAL. YOU AGREE THAT ANY ARBITRATION ARISING OUT OF THIS PROVISION SHALL BE SUBJECT TO EXPEDITED ARBITRATION PROCEDURES, WHEN AVAILABLE. THE APPLICATION OF EXPEDITED ARBITRATION PROCEDURES SHOULD RESULT IN A FASTER FINAL DECISION. TO FACILITATE SUCH PROMPTNESS, THE SCOPE AND DURATION OF PRE-ARBITRATION DISCOVERY AND THE TIME ALLOWED FOR RESPONDING TO INFORMATION REQUESTS WILL BE MORE LIMITED THAN IN A NON-EXPEDITED ARBITRATION. AT THE CONCLUSION OF THE ARBITRATION, THE ARBITRATOR WILL ISSUE A FINAL AND BINDING DECISION THAT CAN BE ENFORCED IN THE SAME MANNER, AND TO THE SAME EXTENT, AS A COURT JUDGMENT, AND IS UNLIKELY TO BE OVERTURNED OR REJECTED BY ANY COURT.
The following definitions apply to this Arbitration Provision:
ANY PARTY TO A DISPUTE, INCLUDING RELATED THIRD PARTIES, MAY SEND THE OTHER PARTY WRITTEN NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OF THEIR INTENT TO ARBITRATE AND SETTING FORTH THE SUBJECT OF THE DISPUTE ALONG WITH THE RELIEF REQUESTED, EVEN IF A LAWSUIT HAS BEEN FILED.
YOU AGREE THAT THE ARBITRATION SHALL BE IN ENGLISH. YOU FURTHER AGREE THAT THE ARBITRATOR SHALL APPLY APPLICABLE SUBSTANTIVE LAW CONSISTENT WITH THE FEDERAL ARBITRATION ACT, 9 U.S.C. §1 ET SEQ. (“FAA”), AND APPLICABLE STATUTES OF LIMITATION, AND SHALL HONOR CLAIMS OF PRIVILEGE RECOGNIZED AT LAW. THE PARTIES TO THE DISPUTE WILL BE GOVERNED BY THE RULES AND PROCEDURES OF THE ADMINISTRATOR TO THE EXTENT THOSE RULES AND PROCEDURES: (i) DO NOT CONTRADICT THE EXPRESS TERMS OF THIS ARBITRATION PROVISION; AND (ii) APPLY THE ADMINISTRATOR’S EXPEDITED ARBITRATION PROCEDURES.
AT THE REQUEST OF EITHER PARTY, THE ARBITRATOR SHALL PROVIDE A WRITTEN EXPLANATION OF THE ARBITRATOR’S DECISION AND/OR AWARD. THE ARBITRATOR WILL APPLY THE APPLICABLE SUBSTANTIVE LAW RELATING TO THE DISPUTE AND AWARD ANY REMEDIES AVAILABLE AS IF THE DISPUTE WAS HEARD BY A COURT. THE ARBITRATOR’S AWARD MAY BE FILED WITH ANY COURT HAVING JURISDICTION. THE ARBITRATION HEARING MAY BE HELD AT A LOCATION CHOSEN BY THE SELECTED ARBITRATOR OR CONDUCTED VIA ZOOM OR TELEPHONE, BASED ON THE PARTIES' AGREEMENT.
ARBITRATION FEES SHALL BE EQUALLY DIVIDED BETWEEN THE PARTIES THROUGHOUT THE ARBITRATION; HOWEVER, THEY MAY BE SUBJECT TO REIMBURSEMENT AS DETERMINED BY THE ARBITRATOR. THE ARBITRATOR’S DECISION SHALL BE FINAL AND BINDING, EXCEPT FOR ANY RIGHT OF APPEAL PROVIDED BY THE FAA.
IF YOU OBJECT TO THIS ARBITRATION PROVISION, YOU SHOULD NOT USE THIS SITE.
YOU ACKNOWLEDGE AND AGREE THAT AS A USER OF THIS SITE, YOU ARE ENTERING INTO AN AGREEMENT TO ARBITRATE AND WAIVE YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST LIFETIME HOME CARE OR RELATED THIRD PARTIES.
YOU FURTHER WAIVE YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAINST LIFETIME HOME CARE OR RELATED THIRD PARTIES.
ALL DISPUTES, INCLUDING ANY REPRESENTATIVE CLAIMS AGAINST LIFETIME HOME CARE AND/OR RELATED THIRD PARTIES, SHALL BE RESOLVED BY BINDING ARBITRATION ONLY.
YOU WAIVE YOUR RIGHT TO SERVE AS A REPRESENTATIVE, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OR CLAIMANTS IN ANY LAWSUIT FILED AGAINST LIFETIME HOME CARE AND/OR ITS RELATED THIRD PARTIES.
DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.
THE ARBITRATOR SHALL NOT HAVE THE POWER TO CONDUCT CLASS ARBITRATION OR TO CONSOLIDATE CLAIMS OF MULTIPLE PARTIES.
EXCEPT AS SET FORTH IN THE ARBITRATION SECTION, THE USE OF THIS SITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ANY APPLICABLE CONFLICTS OF LAW PRINCIPLES.
YOU AGREE AND UNDERSTAND THAT LIFETIME HOME CARE IS LOCATED IN NEW YORK, MAKES ALL BUSINESS DECISIONS FROM NEW YORK, AND CONDUCTS ALL ITS BUSINESS FROM NEW YORK.
ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SITE, OR THE SERVICES PROVIDED BY LIFETIME HOME CARE, SHALL, IF LIFETIME HOME CARE SO ELECTS, BE INSTITUTED IN ANY COURT SITTING IN NEW YORK COUNTY (“ACCEPTABLE FORUM”).
YOU AGREE THAT THE ACCEPTABLE FORUMS ARE CONVENIENT AND SUBMIT TO THE JURISDICTION OF THE ACCEPTABLE FORUMS, WAIVING ANY AND ALL OBJECTIONS TO JURISDICTION OR VENUE.
YOU FURTHER WAIVE ANY RIGHT TO OPPOSE ANY MOTION OR APPLICATION MADE BY LIFETIME HOME CARE TO TRANSFER SUCH PROCEEDINGS TO AN ACCEPTABLE FORUM.
NOTWITHSTANDING THE ARBITRATION CLAUSE SET FORTH ABOVE, ALL CLAIMS INVOLVING LESS THAN $50,000.00 SHALL BE SUBJECT TO MANDATORY ARBITRATION IN THE NEW YORK COURTS.
a. Entire Agreement.
These Terms of Use and any and all language directly linked to or within these Terms constitute the entire agreement between you and Lifetime Home Care relating to the subject matter of these Terms of Use, and these Terms of Use supersede all prior or contemporaneous communications or proposals relating to the subject matter of these Terms of Use.
b. Severability.
In the event any part of these Terms of Use is found to be invalid, void, or unenforceable in any respect, the validity, legality, and enforceability of any other term contained herein shall not in any way be affected or impaired and shall remain in full force and effect.
c. Assignment.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but they may be assigned by Lifetime Home Care without restrictions or limitations. Any attempted transfer or assignment in violation hereof shall be null and void.
d. Waiver.
Our failure to enforce any part of these Terms of Use shall not be deemed a waiver of any further rights hereunder and does not mean we give up the right to later enforce that part or any other part.
e. No Interpretation of Captions or Headings.
The captions and headings within these Terms of Use are for ease of reference only and are not intended to create any substantive meaning or to modify the terms or clauses either following them or contained in any other provisions herein.
In addition to reviewing these Terms of Use, you should also review our [Privacy Policy] to better understand how we collect and use your personal information.
Your use of the Site constitutes your agreement to the terms and conditions of our Privacy Policy.
If you have any questions or concerns about these Terms of Use, please contact us at:
Lifetime Home Care
Email: info@lifetimehomecare.com
© Copyright 2025 Lifetime Home Care. All Rights Reserved.
