Website Terms of Use

Welcome to Lifescape Elder Care Law & Estate Planning!

The websites (collectively, “Site”) on which this Terms of Use (“Terms”) appear are owned and operated by Lifescape Elder Care Law & Estate Planning, LLC (“Lifescape,” “our,” or “us”). For purposes of these Terms, “you” or “your” means the individual who is accessing the Site and any individual that allows others to provide information about themselves to us. The Site may provide information, documents, tools, services, accounts, and/or other information regarding our services (collectively, “Services”).

We ask that you carefully read these Terms before accessing and using this Site as they affect your legal rights and obligations, including, but not limited to, waiver of rights and limitation of liability.

MANDATORY ARBITRATION NOTICE AND WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS. Additional details can be found in the arbitration section below (17. JURY TRIAL AND CLASS ACTION WAIVER, MANDATORY ARBITRATION). These Terms include a mandatory arbitration clause as well as waivers for class actions and jury trials. Unless otherwise stated in the arbitration section below or restricted by applicable law, you agree that any disputes related to your use of the Site or Services will be resolved through binding, individual arbitration. This means you waive the right to participate in a class action lawsuit or arbitration, whether as a class member or representative. Arbitration decisions will have limited grounds for court review. While the process ensures a fair hearing, it follows simplified and less formal procedures compared to court litigation.

We reserve the right to modify, update, add, or remove content on the Site at any time, including changes to these Terms. Updated Terms will be posted on the Site, and while we will make reasonable efforts to inform you of significant changes, we are not obligated to do so. You agree to waive any requirement for specific notice of changes, except for modifications to the arbitration agreement, which are addressed separately below. By continuing to use the Site after updates are posted, you accept and agree to the revised Terms. It is your responsibility to review these Terms periodically for any changes.

  1. Privacy Policy

Your privacy is of the utmost importance to Lifescape. View Lifescape’s Privacy Policy here [text link].

  1. Access to the Site and Services.

Lifescape retains the right to modify, change, discontinue, or terminate this Site, along with any Services or Materials (as defined below) provided through it. These rights can be utilized at our sole discretion, at any time, and without prior notice. We are not responsible for any unavailability of the Site, in whole or in part, at any time or for any duration. Periodically, and without notice, we may limit access to certain areas of the Site, or the entire Site, including for registered users, as we deem necessary.

You are responsible for:

  • Ensuring you have the necessary arrangements to access the Site.
  • Making sure that anyone using your internet connection to access the Site is aware of these Terms and adheres to them.
  • To use the Site or specific resources it provides, you may be required to provide registration details or other information. By using the Site, you confirm that the information you provide is accurate, up-to-date, and complete, and that you have the authority to supply such information.
  1. Ownership Rights and Your Access to the Site

Unless stated otherwise in these Terms, all content and visuals displayed on this Site are owned exclusively by us, our affiliates, or other relevant parties. The content provided through the Site, including copyrighted materials and trademarks owned by us or our third-party licensors and suppliers, is collectively referred to as the “Materials.” These Materials may include but are not limited to text, graphics, logos, images, videos, site design, software, services, icons, and other content, as well as their arrangement.

Under these Terms, we grant you a revocable, limited, personal, non-exclusive, and non-transferable license to access, view, print, display, and download the Materials solely for personal use on a standalone computer or mobile device. Aside from this license and as required or allowed by applicable law, you do not hold any additional rights to the Site or the Materials. You may not modify, reproduce, edit, distribute, create derivative works, reverse engineer, or otherwise exploit the Site or the Materials in any way that would violate our intellectual property rights or those of our licensors or other users. All rights not explicitly granted herein remain reserved.

You must adhere to all copyright notices, information, and restrictions included with any Materials accessed on the Site.

  1. Your Submissions to the Site

By submitting any content or communications to us through the Site or other electronic methods, you grant us a worldwide, perpetual, royalty-free, fully paid, irrevocable, non-exclusive, transferable, and sublicensable license. This license allows us to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any format for the purpose of providing our Services and any related purposes. You will not receive any compensation for our use, or the use by our sublicensees, of your submitted content or communications. By submitting content, you confirm and guarantee that you own or have full control over the rights to the content and communications, including the authority to grant the license described above.

  1. Digital Communications

By accessing the Site and/or using the Services, you agree to receive communications from us in electronic form, including notifications and updates. These electronic messages are a fundamental part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other messages we provide electronically meet any legal requirement that such communications be in writing.

Lifescape sends confirmation and reminder SMS messages to users who register to attend seminars, webinars, and other events.

You can cancel the SMS service at any time. Just reply “STOP” to any SMS message received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly at info@lifescapelaw.com.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Please be aware that we do not disclose Personal Data collected through the use of text messages to third parties for any reason. If you have any questions regarding privacy, please read our privacy policy {insert link}

  1. Authorized Uses

By accessing or using the Site, you agree to the following terms:

  • You must be at least eighteen (18) years old to use the Site or engage in transactions with us.
  • Your use of the Site is governed by these Terms.
  • You agree to comply with these Terms as they are presented each time you access the Site.
  • Each use of the Site confirms your acceptance of and agreement to be bound by these Terms.
  • The Site is to be used solely for the Services offered as part of normal business operations.
  • You will act in accordance with applicable laws, ethical standards, and in good faith.
  • These Terms constitute a legally binding agreement between you and us, enforceable by law.

You further agree not to use the Site in ways that:

  • Collect email addresses or transmit unsolicited communications to users of the Site.
  • Misrepresent your identity or affiliation with any individual or organization.
  • Upload, transmit, or distribute offensive, threatening, obscene, harassing, or otherwise inappropriate content.
  • Interfere with the Site’s functionality, security, or integrity.
  • Suggest an unauthorized affiliation with us or use the Site to mislead others.
  • Compromise our network services or attempt unauthorized access to them.
  • Share or upload content that infringes upon third-party intellectual property or privacy rights.
  • Engage in any illegal activities or actions that harm others or their property.
  • Alter, modify, or disrupt the content, design, or services of the Site.
  • Use the Site or its content to train machine learning or artificial intelligence systems.
  • Transmit harmful code, viruses, or other malicious software.
  • Depreciate or harm our reputation or that of our affiliates.
  • Violate any applicable copyright notices, restrictions, or legal requirements.
  • Impair or restrict other users’ ability to access and use the Site.
  • Upload or share confidential, proprietary, or trade secret information unlawfully.

We reserve the right, but are not obligated, to monitor the Site for any inappropriate or disruptive activity. The above list of prohibited actions is not exhaustive. We may suspend or terminate your access to the Site, with or without notice, for any reason we deem necessary or appropriate.

If any activity is suspected to be illegal, we may report it to law enforcement and cooperate with investigations, which could involve sharing collected information. Additionally, we may disclose information to operate or improve the Site, protect our users, or comply with legal obligations.

  1. Termination, Enforcement, and Monitoring

We reserve the right to:

  • Take appropriate legal measures, including referring matters to law enforcement, for any illegal or unauthorized use of the Site.
  • Suspend or terminate your access to the Site, in whole or in part, for any reason, including a breach of these Terms.
  • Fully cooperate with law enforcement or comply with court orders that require us to disclose the identity or other information of individuals posting content on or through the Site.

YOU AGREE TO RELEASE AND HOLD HARMLESS US, OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS ARISING FROM ACTIONS TAKEN BY ANY OF THESE PARTIES IN CONNECTION WITH SUCH INVESTIGATIONS, WHETHER BY LAW ENFORCEMENT OR OTHERWISE.

  1. Dependence and Reliance on Posted/Uploaded Information

The information provided on or through the Site is for general informational purposes only. It is not intended to be legal or accounting advice. We make no representations or warranties regarding the accuracy, completeness, or usefulness of this information. Any reliance on such content is at your own risk. We disclaim any liability for any consequences resulting from reliance on these materials by you, other Site visitors, or anyone else who may access the information.

This Site may contain content supplied by third parties, including users, bloggers, and other licensors, syndicators, aggregators, or reporting services. All opinions, statements, and materials expressed in these third-party contributions are those of the respective individuals or entities providing them and do not necessarily reflect our views. We are not responsible for the content or accuracy of materials provided by third parties and disclaim liability to you or any other party for such content.

  1. Third-Party Information

The Services may include links to third-party websites and services. We provide these links for convenience but do not control or endorse the content or services of these third parties. You acknowledge and agree that we have not reviewed the content, advertisements, products, services, or other materials on such third-party sites, and are not responsible for their legality, accuracy, or appropriateness. We are not liable, directly or indirectly, for any damage or loss that may result from the use of these third-party websites or services.

  1. Applicability of Federal and State Laws

The Site is managed from the United States. While using the Site or any content we provide, you must comply with all relevant U.S. federal, state, and local laws.

  1. Minimum Age for Use of Site

The Site is not intended for individuals under the age of eighteen (18). By accessing the Site, you confirm and affirm that you are at least eighteen (18) years old.

  1. Disclaimer of Warranties

Your use of the Site is at your own risk. The Materials have not been fully verified or authenticated by Lifescape, and may contain errors, inaccuracies, or typographical mistakes. We do not guarantee the accuracy, completeness, or timeliness of the Materials on this Site. We are not responsible for any errors or omissions in the Materials, whether provided by us, our licensors, suppliers, or other users.

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT WHERE OTHERWISE STATED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES PROVIDED ON OR THROUGH THE SITE, AS WELL AS ANY THIRD-PARTY SITES REFERENCED, ARE OFFERED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. THIRD-PARTY PRODUCTS OR SERVICES PROVIDED ON THE SITE ARE CONVENIENCE LINKS AND DO NOT INDICATE AFFILIATION, PARTNERSHIP, ENDORSEMENT, OR SPONSORSHIP. TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE USE OR RESULTS OF USING THE SITE, THE MATERIALS, CONTENT, OR OTHER POSTED MATERIALS, INCLUDING THEIR ACCURACY, RELIABILITY, TIMELINESS, OR CORRECTNESS.

BY PROVIDING SERVICES ON THE SITE, WE DO NOT GUARANTEE THEIR CONTINUED AVAILABILITY. WE RESERVE THE RIGHT TO DISCONTINUE ALL OR PART OF THE SITE AT ANY TIME, AT OUR SOLE DISCRETION, WITHOUT NOTICE TO YOU.

NO WARRANTIES: WE SPECIFICALLY DISCLAIM (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISK FOR ANY DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES. WE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, OR UNAVAILABILITY OF INFORMATION YOU HAVE MADE AVAILABLE THROUGH THE SERVICES, AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE BACKUP COPIES OF SUCH INFORMATION.

NO GUARANTEE OF ACCURACY: WE DO NOT GUARANTEE THE ACCURACY OF THE INFORMATION, CONTENT, RECOMMENDATIONS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES, AND WE DISCLAIM ALL LIABILITY FOR ANY ERRORS OR INACCURACIES.

SERVICES PROVIDED FOR INFORMATIONAL PURPOSES: THE INFORMATION THROUGH THE SERVICES IS PROVIDED SOLELY FOR EDUCATIONAL OR ENTERTAINMENT PURPOSES AND DOES NOT CONSTITUTE LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. WE ARE NOT A FINANCIAL INSTITUTION OR INSURANCE PROVIDER. WE RECOMMEND YOU SEEK ADDITIONAL ADVICE FROM QUALIFIED PROFESSIONALS BEFORE MAKING ANY FINANCIAL DECISIONS OR IMPLEMENTING STRATEGIES.

NO WARRANTIES REGARDING THIRD PARTIES: WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY SERVICES, ADVICE, OR ANY QUOTES OR OFFERS PROVIDED THROUGH THE SERVICES. WE ACT SOLELY AS AN INTERMEDIARY AND EXPRESSLY DISCLAIM ALL LIABILITY FOR CONTENT, PRODUCTS, OR SERVICES PROVIDED BY THIRD-PARTY SERVICE PROVIDERS.

  1. Limitation of Liability

We cannot guarantee that the Site will be accessible at all times, as public networks like the internet are subject to occasional disruptions. While we aim to maintain the Site’s reliability, interruptions and delays are inevitable, and we disclaim any liability for damages caused by such issues.

To the fullest extent permitted by applicable law, our liability, as well as that of our affiliates, employees, agents, representatives, and third-party service providers, for any claims arising from your use of the Site, its materials, content, or services, whether based on warranty, contract, negligence, or any other legal theory, will not exceed a total of fifty dollars ($100).

Under no circumstances will we be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, business interruptions, or data loss, even if we have been advised of the possibility of such damages.

Additionally, our cumulative liability to you, whether arising from contract, tort, or otherwise, will be limited to the greater of the amount you paid for the relevant services (if any) or one hundred dollars ($100). This limitation applies to the fullest extent allowed by law and excludes liability for damages already addressed in the previous sections.

  1. Indemnification

You agree to take full responsibility for your use of the Services and to defend, indemnify, and hold harmless us, including our subsidiaries, affiliates, directors, officers, employees, agents, contractors, and third-party service providers, from any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney and accounting fees) arising from or related to: (i) any content you submit to or through the Services; (ii) your breach of these Terms or any applicable laws or regulations; (iii) your infringement of any third-party rights, including intellectual property, privacy, or confidentiality rights; (iv) any disputes between you and third parties; or (v) any prohibited activities conducted through the Site.

We reserve the right, at our own discretion and expense, to assume the exclusive defense of any matter for which you are obligated to indemnify us. In such cases, you agree to cooperate with our defense of such claims. This indemnification obligation will remain in effect even if we assume control of the defense.

  1. Copyright and Intellectual Property Complaints

We value the intellectual property rights of others. If you believe that your copyrighted work has been used in a way that infringes copyright law, please provide our office with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the copyright owner, (ii) a description of the copyrighted work that you claim has been infringed, (iii) the location on the Site of the material you believe is infringing, (iv) your address, telephone number, and email address, (v) a statement that your claim of infringement is based on a good faith belief, and (vi) a statement made under penalty of perjury that the information you’ve provided is accurate and that you are the copyright owner or authorized to act on their behalf.

Please direct all communications regarding copyright and intellectual property complaints to the following:

Lifescape Elder Care Law & Estate Planning, LLC

Attn: P. Glen Smith

1508 NW Vivion Road, STE 204

Kansas City, Missouri 64118

 

  1. Injunctive Relief

You acknowledge that failure to enforce these Terms may cause us irreparable harm, and that monetary damages would be insufficient to address such harm. As a result, in the event of a breach or potential breach of any provision of these Terms by you, we are entitled, in addition to any other rights or remedies available under the mandatory arbitration provision of these Terms, to seek an injunction to prevent the breach or threatened breach, without the need to demonstrate actual harm or provide an injunction bond, and/or to seek a court order for specific performance of these Terms. For purposes of this Section, you agree that any legal action related to such an injunction will be filed in the state or federal courts located in Missouri. You consent to the jurisdiction of these courts and waive any objections to the venue being set in those courts. You further agree that service of any legal documents may be carried out via mail or other methods permitted under applicable laws, rules, or local regulations.

  1. JURY TRIAL AND CLASS ACTION WAIVER, MANDATORY ARBITRATION

If a dispute cannot be resolved, except for our claims seeking injunctive relief as described above and to the extent permitted by law, both parties agree that any claim or dispute arising from the use of the Site, Services, or interactions with us (whether in contract, tort, fraud, misrepresentation, or any other legal theory) will be resolved through individual (non-class) arbitration. However, both parties retain the right to pursue claims in small claims court (or its state equivalent) provided the case falls within the court’s jurisdiction, without seeking to certify a class, combine claims, or exceed the small claims court’s damage limits. California residents may also seek public injunctive relief in courts with proper jurisdiction.

Arbitration does not involve a judge or jury, and court review of an arbitration award is limited. Arbitration will be conducted on an individual basis, and you waive the right to participate in class actions or act as a private attorney general. Claims will not be combined or joined with those of other individuals, and the arbitrator will not have the authority to conduct class-wide or multi-party arbitration.

Both parties acknowledge that the use of our Services involves interstate commerce, meaning the Federal Arbitration Act (FAA) applies. Arbitration will be governed by applicable state law, the statute of limitations, and claims of privilege, but the arbitrator will not be bound by procedural or evidentiary rules. If either party elects arbitration, the dispute will be resolved under the American Arbitration Association’s (AAA) rules, and arbitration may be initiated by providing written demand or filing a motion in court.

In consumer transactions, the applicable rules will be the AAA’s Consumer Arbitration Rules. Further information can be found on AAA’s website or by contacting them directly. If AAA cannot administer the arbitration, the parties will seek a court-appointed arbitrator. Arbitration will take place in a location that is convenient for you unless otherwise required by law. The arbitrator’s decision can be entered as a judgment in any court with jurisdiction, and the award is typically not subject to court review or appeal.

In the event of arbitration, you will pay the filing fee as required under AAA’s rules, up to the cost of filing a lawsuit. We will cover any additional fees beyond what you would pay to file a lawsuit. Each party is responsible for its own costs, except as determined by the arbitrator.

This arbitration agreement may be amended by us with prior notice, but amendments will not affect claims already filed in court. Any amendments will apply to future disputes. If any part of this arbitration provision is found invalid, the remaining parts will remain in effect, except if the class action waiver is deemed invalid, in which case the entire provision is void.

This arbitration provision will survive termination of your use of the Site or Services.

Most concerns can typically be addressed quickly and to your satisfaction by reaching out to us as outlined in the “Questions and Follow Up” section below.

  1. Additional Terms

Severability
If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction, and such finding or order becomes final after all appeals, the offending provision shall be modified to the extent necessary to make it valid and enforceable. If modification is not possible, the provision will be stricken from these Terms, and the remainder will continue in full force and effect.

Merger
These Terms (including any provisions referenced regarding the use of the Site) constitute the complete and exclusive agreement between you and us. They replace all prior communications, proposals, or agreements—whether written, oral, or electronic—regarding the Site and its associated information, services, and products.

Governing Law and Venue
These Terms will be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflict of law rules, and the United States. Except for matters addressed in the arbitration agreement (without waiving the arbitration clause), you agree that any dispute arising from these Terms will be subject to the exclusive jurisdiction and venue of the state and federal courts in St. Louis, Missouri, unless jurisdiction and venue are mandated by law.

Assignment
You may not assign, transfer, or delegate these Terms or any associated rights or obligations without our prior written consent. We reserve the right to freely assign our rights and obligations under these Terms, including any personal information we have collected during your use of the Site, as described in our Privacy Policy.

No Waiver
No failure, omission, or delay in exercising any right under these Terms will preclude the future exercise of that right or any other right under these Terms.

Headings
Section and provision headings are for convenience only and should not influence the interpretation of these Terms.

Typographical Errors
The information provided on the Site may contain technical inaccuracies or typographical errors. We make every effort to ensure the accuracy of the content on the Site, but we do not guarantee that the information is always accurate, complete, or error-free.

  1. Questions and Follow Up

For any questions or feedback regarding these Terms or the Site, please reach out to us via email at info@lifescapelaw.com. Or write us at the following address:

Lifescape Elder Care Law & Estate Planning, LLC

Attn: P. Glen Smith

1508 NW Vivion Road, STE 204

Kansas City, Missouri 64118