Life Time Living Terms of Use

1. How this Agreement Works
   • Terms and Conditions. By visiting, accessing, or using any part of our LT Living Site or Services, you expressly accept, agree, and consent to the terms and conditions of these LT Living Terms. In some instances, we may provide some of our Services through websites, webpages or applications operated by Real Page, Inc., our authorized property management software and service provider acting on our behalf or other such third party.  Where applicable, we will post these LT Living Terms, and your use of the Services offered through those sites and applications where these terms are posted is your acceptance of these terms. Your continued use of the LT Living Site or Services after any modification to the LT Living Site or Services or update to these LT Living Terms, constitutes your conclusive acceptance of such change. If you do not agree to these terms and conditions of use, you must not use any portion of the LT Living Site or Services and your sole remedy is to discontinue your use of the Services.
     
   • Additional Terms.To the extent LT Living provides you notice of different or additional terms or practices, those additional terms will govern your use of the LT Living Services.
   • Privacy. The LT Living Privacy Policy describes how we collect, use, and disclose your information, including Personal Information (as defined in the LT Living Privacy Policy). By visiting, accessing, or using any part of the LT Living Site or Services, you acknowledge and accept the privacy practices described in the LT Living Privacy Policy.  
   • Eligibility. You may only use the LT Living Services if you are at least eighteen (18) years of age.
     
   • Updates. LT Living may modify these LT Living Terms at any time. Such modification will become effective immediately upon either posting of the modified LT Living Terms or LT Living’s notification of users.
   • Modification and Termination. LT Living operates the LT Living Site and Services in its sole and complete discretion. LT Living may modify the LT Living and Services at any time for any reason, including changes to features, content, functionality, or software. LT Living may suspend all or any portion of the Services, including for periodic maintenance, equipment malfunctions or causes beyond LT Living’s control. LT Living may also terminate the LT Living Site and Services in entirety. LT Living is not liable for any such modification, suspension, or termination of the Services.
     
2. Use of LT Living Site and Services
   
   
   • Copyright and Trademarks. All content hosted on the LT Living Site is copyrighted under the law as collective work and/or compilation. LT Living holds and owns the copyright, and all other proprietary and intellectual property rights and title, to the collective work, including the pages, graphics, design, text, sound recordings, images, materials, and content of the LT Living Site and Services, some of which may be trademarked. You agree not to copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from the content of the LT Living Site and Services, including any information, products, or services, without LT Living's express written consent. The LT Living Site and Services are solely for your personal, non-commercial use. Subject to these and any other express restrictions with regard to specific material, you may download information concerning LT Living Services or properties from the LT Living Site solely for your personal non-commercial use, including information concerning rental properties, your lease, LT Living property amenities, transactions, and/or payment accounts.
   • Health and Wellness Information. The LT Living Site and Services may provide or contain information about leading a healthy way of life, including information on health, wellness, and fitness issues. Such information does not represent medical diagnosis, treatment, or care and should not be used in place of consultation with or advice from your healthcare professionals. You should consult your physician or healthcare professional before beginning or altering your personal exercise, diet, or nutritional supplement program. Any health information you post on a discussion board or forum may be viewed by other users of the LT Living Site and Services.
     
   • Equipment. You are solely responsible for purchasing, maintaining, and ensuring all equipment, programs, and services necessary for, and compatible with, your access to and use of the LT Living Site and Services, including hardware and software; electrical, telecommunications and internet access connections and links; and web browsers.
     
3. User Content
   • Your Content. You retain all rights, responsibility, and ownership of your User Content (defined below). You may only post User Content that you created or have permission to use. LT Living is not responsible for any User Content posted on the LT Living Site or Services, nor does it control the content made available by users. LT Living makes no representations or warranties concerning efforts to review or monitor User Content, including the extent to which it may be considered or construed as personal, private, inappropriate, inaccurate, offensive, profane, misleading or otherwise objectionable. While LT Living does not pre-approve or pre-screen User Content, LT Living may disable, remove, or delete any User Content in its sole discretion. LT Living is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your posting or use of, or reliance upon, any such User Content.
     
   • License to User Content. By posting, including on discussion boards or forums, submitting, transmitting, emailing, messaging, uploading, sharing, or otherwise making available (“post” or “posting”) any information, messages, text, files, images, video, photos, sounds, or other materials (“User Content”) on or through the LT Living Site or Services, you grant LT Living an irrevocable, perpetual, fully paid, non-exclusive worldwide right to use, reproduce, display, distribute, adapt, perform and create derivative works of the User Content on the LT Site or Services. LT Living does not need any further approval for its uses of your User Content.
   • Third Party Content. The LT Living Site or Services may include or make available to you links to, or content from, third-party websites, resources, services, applications, or tools and may allow you to engage with third party applications through the LT Living Site (collectively, “Third Party Content”). If you choose to access, use, or view such Third Party Content, your Personal Information may be disclosed to third‑parties in accordance with your direction or in accordance with the manner that would be reasonably expected in the context of your interaction with that Third Party Content.
     
      
     • Third Party Terms and Privacy Policies.  Third Party Content providers may request that you agree to separate privacy policies and terms of use that are different than LT Living’s Terms. In such instances, these third party privacy policies and terms of use will govern your use of that Third Party Content.  You should read any such terms of use and privacy policies before using or viewing Third Party Content. LT Living does not control and is not responsible or liable for Third Party Content. LT Living makes no representations or warranties concerning Third Party Content, including the extent to which it may be considered or construed as inappropriate, inaccurate, offensive, misleading, or otherwise objectionable. LT Living is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Third Party Content.
      
     • 3d Party Apps.  We may allow you to connect or provide information collected from third party devices or applications (collectively “3d Party Apps”) to our LT Living Site or Services.  For example, our LT Living residences may offer certain internet enabled devices, which you can connect to our LT Living Site or Services.  Your use or acquisition of or interaction with any 3d Party Apps and any exchange of data or information between you and any 3d Party Apps is solely between you and the 3d Party App provider and is governed by that 3d Party App provider’s terms of use and privacy policy.  While the 3d Party App provider’s terms of use and privacy policy will apply to your use of the 3d Party App, that 3d Party App’s terms of use and privacy policy will not otherwise apply to your use of our LT Living Site or Services and our privacy practices.  If you install, enable, or interact with a 3d Party App through our LT Living Site, you agree that we may collect and access your data or information from that 3d Party App, which may include Personal Information, as required to enable the interoperation of that 3d Party App with our LT Living Site and Services and to deliver the Services to you.  The types of Personal Information we collect and access depends on the information you provide to us from the 3d Party App.  We are not responsible for any processing, handling, disclosure, modification or deletion of any of your data or information resulting from that 3d Party App’s interaction with or provision of services to you or your use of the 3d Party App in conjunction with our LT Living Site or Services.
    
   • LT Living’s Sharing of Your Information with Property Owners.  LT Living manages certain properties on behalf of property owners (“Property Owners”).  When you apply for a lease or otherwise enter into transactions relating to that property, we will share your information with the Property Owners.  Property Owners will use that information to enter into a lease with you.  Their use of your information is subject to their own terms and privacy policy, and LT Living is not responsible for a Property Owner’s use of your information.
    
   • LT Living’s Sharing of Your Information with Successor Property Manager.  As a designated property manager of some properties for Property Owners, we may be directed by the Property Owners to share your information with the third party property management company succeeding LT Living as your property manager.
    
   • LT Living’s Sharing of Your Information with Its Affiliates.  LT Living is an affiliate of Life Time, Inc. and its other affiliates (collectively, “Life Time”).  We may offer you opportunities to engage or interact with Life Time in a variety of ways, including through the LT Living Sites, Services, or your Account.  When you do so, you agree and acknowledge that your Personal Information and/or User Content may be disclosed to Life Time in accordance with your direction or in accordance with the manner that would be reasonably expected in the context of your interaction with Life Time.
     
   
   
   • Copyright Infringement Notification. Pursuant to the Digital Millennium Copyright Act (“DMCA”), LT Living’s designated agent (“Copyright Agent”) receives notices of claimed copyright infringement. If you, or an agent authorized to act on your behalf, believe in good faith that your work is on the Services in a way that constitutes copyright infringement, please provide written notice to LT Living 's Copyright Agent by email to legal@lt.life (external link - opens in your email browser)  or by mail to LT Living, 2902 Corporate Place, Chanhassen, MN 55317 Attn: Copyright Agent with the following information:
     
     
     • A physical or electronic signature of a person authorized to act on the copyright owner's behalf;
     • A description of the copyrighted work claimed to have been infringed;
     • A description of where the copyrighted work is located on the Services, including if possible a URL;
     • Your address, telephone number, and email address;
     • A statement that you believe in good faith that use of the work is not authorized by the copyright owner, its agent, or the law; and
     • A statement, under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
   • In accordance with the DMCA, LT Living may delete, remove, or disable any infringing work, and may forward to the alleged infringer your written notice and a notice that the work has been deleted, removed, or disabled.
4. Your Account Responsibilities
   • Passwords and Security. In order to access certain parts of the LT Living Site or Services, you must register and create an account (“Account”), which will require that you to create a username and a password. You agree to maintain the security, confidentiality, and integrity of your username, password, and any other security measures employed on the LT Living Site or Services.   Accordingly, you agree not to disclose your username and password to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to your Account or portions of it using your username, password or other security information. You are responsible for all access to and use of your Account, including all financial transactions, under your username and password, including access or use by any partner, secondary, or additional person, if applicable, whether or not authorized by you. You agree to immediately notify LT Living of any breach of security, including unauthorized use of your username or password, and to immediately take all reasonable steps to prevent its further occurrence, including changing your password.
     
   • Accuracy of Personal Information. You represent and warrant that all information provided to LT Living through your Account and/or the LT Living Site or Services is current, accurate, complete and truthful, including all initial or updated registration or tenant information, such as the legal name, street address, email address, telephone number, and financial transaction account information related to you or anyone on your lease application or lease agreement. You further represent and warrant that you are an authorized account holder of any financial transaction account which you provide to LT Living through your Account or the LT Living Site or Services for payment of tenant application fees, rent, fees associated with living at an LT Living property, including fees relating to amenities, activities, or damage caused to a LT Living property.
   • Payments From or Relating to Your Account.  You may be able to make payments from your Account to LT Living for the payment of application fees, rents, property fees, and other expenses via automated clearing house (ACH), debit card, credit card, or other payment methods. By creating an Account and registering with LT Living, providing your payment account information, and creating payment instructions, you authorize us to process the transactions and debit your account(s) for any and all amounts and fees as disclosed on the LT Living Site, through our Services or as described in your lease agreement. You understand and agree that it is your responsibility to authorize payments in such a manner that any application fees, your rent, property fees, and other fees and expenses will be paid on time and that LT Living or other designated property owner or manager will receive your payment no later than the designated due date as set forth in the LT Living Site or your applicable agreement with LT Living. In no event shall we be liable for any claims, damages, or fees incurred as a result of your failure to schedule payment instructions in accordance with your lease and corresponding due dates or grace periods or the failure of any payment method you have provided to us.
5. User Conduct
   • Termination of Use. LT Living may block, restrict, disable, suspend, or terminate your access to or use of all or any parts of the LT Living Site, Services, or your Account without prior notice or liability to you.
     
   • Inappropriate Use. You will not post, submit, transmit, email, upload, share, store or otherwise make available any User Content that, in LT Living’s sole judgment:
     
     • Is unlawful, illegal, threatening, abusive, harassing, stalking, intimidating, libelous, false, defamatory, invasive of another's privacy or publicity rights, violent, vulgar, obscene, profane, sexual in nature, harmful to individuals, including minors, or is otherwise objectionable, offensive or improper; Is hateful toward an individual or group of individuals on the basis of gender, sexual orientation, race, ethnicity, age, disability, or religion;
     • Violates any contract or agreement you have with Life Time, including your Member Usage Agreement and General Terms Agreement (these agreements only apply to Life Time Members);
     • Includes personal or identifying information about another person without that person's affirmative consent;
     • Is false, fraudulent, misleading, or deceptive;
     • Constitutes or contains any form of commercial advertising, marketing, solicitation or promotion, including messages and links for commercial purpose or benefit and any affiliate marketing, link referral code, junk mail, spam, chain letters, or pyramid or Ponzi schemes; or
     • May interrupt, limit, overburden, damage, impair, destroy or otherwise negatively impact the functionality or use of the Services, including User Content with a software virus or User Content in an excessive amount (e.g., flooding attack).
   • If you believe any User Content does not apply with these guidelines, please contact us at legal@lt.life (external link - opens in your email browser) .
6. Your Warranty and Indemnification Obligations
   • ASSUMPTION OF RISK AND WAIVER OF LIABILITY. THERE ARE RISKS INHERENT IN ACCESSING AND USING THE SERVICES, INCLUDING LOSS, THEFT, BREACH, MISUSE, OR UNAUTHORIZED USE OF PERSONAL INFORMATION. YOU EXPRESSLY ASSUME THESE RISKS, WILL ACCESS AND USE THE LT LIVING SITE AND SERVICES AT YOUR OWN RISK, AND WAIVE ANY AND ALL CLAIMS AGAINST LT LIVING, AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, RELATED TO SUCH ACCESS OR USE FOR ANY DAMAGE, LOSS, OR INJURY OF ANY KIND SUSTAINED BY YOU CAUSED AS A RESULT OF LT LIVING'S OR ANY THIRD PARTY’S NEGLIGENCE. THIS DOES NOT WAIVE CLAIMS RESULTING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR RECKLESS DISREGARD, UNLESS PROHIBITED BY APPLICABLE PRIVACY LAW.
     
   • INDEMNIFICATION.  YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LT LIVING AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THIS AGREEMENT. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS LT LIVING AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE LT LIVING SITE OR SERVICES IN BREACH OF THIS AGREEMENT OR THE USER CONTENT YOU MAKE AVAILABLE VIA THE LT LIVING SITE OR SERVICES BY ANY MEANS, INCLUDING WITHOUT LIMITATION THROUGH A POSTING, A LINK, REFERENCE TO USER CONTENT, OR OTHERWISE, UNLESS PROHIBITED BY APPLICABLE LAW.
     
7. DISCLAIMER OF WARRANTIES. YOU ARE ACCESSING THE SERVICES ON AN “AS IS, WHERE IS, AND AS AVAILABLE” BASIS. LT LIVING IS NOT RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADEQUACIES IN THE CONTENT OF THE LT LIVING SITE OR SERVICES OR ANY PARTICULAR FEATURES OR SERVICES OFFERED. LT LIVING DOES NOT REPRESENT OR WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, AND SERVICES ON THE LT LIVING SITE OR SERVICES OR THE ERROR-FREE USE OF THE LT LIVING SITE OR SERVICES. LT LIVING IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO YOU OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM ACCESS TO OR USE OF THE LT LIVING SITE OR SERVICES. LT LIVING IS PROVIDING THE LT LIVING SITE AND SERVICES WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM A COMPUTER VIRUS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
   
8. LIMITATION OF LIABILITY. IN NO EVENT WILL LT LIVING AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF THE LT LIVING SITE OR SERVICES, YOUR INABILITY TO USE OR MALFUNCTIONS OF THE LT LIVING SITE OR SERVICES, STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO THE SERVICES.
9. LIMITATION OF TIME TO BRING A CLAIM.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
   
   
10. ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER
    • Mandatory Binding Individual Arbitration. Except as expressly provided below, LT Living and you (each a “party” or, together, “us,” “we” or “parties”) agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between us (whether arising out of or relating to past, present or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).
      
    • Waiver of Class Actions. LT Living and you each agree that we will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. LT Living and you agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.
      
    • Waiver of Jury Trial. You waive your constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.
    • Claims Not Subject to Arbitration. There are only three exceptions to this Arbitration Agreement:
      
      
      • Small Claims. Either party may bring individual Claims in small claims court.
      • Personal Injury Claims. Both parties must litigate personal injury Claims in court. For purposes of this exception, personal injury Claims are Claims arising from injury to the physical structure of the human body.
      • Emergency Equitable Relief. Either party may seek temporary injunctive relief or other equitable relief in court pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
    • Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.
    • Arbitration Providers. Each party has a choice of initiating arbitration before either the American Arbitration Association (“AAA”) or JAMS, which are both established alternative dispute resolution providers (“ADR Providers”). If neither AAA nor JAMS is available to arbitrate, we will agree to select an alternative ADR Provider to administer the arbitration in this Arbitration Agreement.
      
    • Arbitration Rules. The arbitration will be conducted under the AAA Consumer Arbitration Rules (available at www.adr.org) or JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.
      
      Arbitration Location. The arbitration hearing will be held at the ADR Provider’s location that is closest to the claimant’s primary residence, unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings.)
      
    • Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.
    • Arbitrator’s Authority and Award. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.
    • Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.
    • Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.

YOU HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO ALL OF THE LT LIVING TERMS.