Print a copy of the Long Term Care Tutor License Agreement
Long Term Care TutorTM USER AGREEMENT THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH RISKTUTOR, INC. OFFERS YOU ACCESS TO Long Term Care TutorTM AND ITS SERVICES. BY CLICKING ON THE "I AGREE" BUTTON BELOW AND USING THE Long Term Care TutorTM WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED THIS AGREEMENT AND ACCEPT THE TERMS AND CONDITIONS BELOW. 1. GENERAL This site is owned and operated by Risk Tutor, Inc. ("Risktutor"). Risktutor has the right, at any time, to change or discontinue any aspect or feature of this site, including, without limitation, content, hours of availability, and equipment needed for access or use of the site. You are be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the site and all charges related thereto. 2. USER ACCOUNT, PASSWORD, AND SECURITY To open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the registration form. You then will choose a password and an account name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. 3. USE OF CONTENT You acknowledge that the site contains information, software, photographs, audio and video clips, graphics, links, and other material (collectively the "Content") that are protected by copyright, trademark or other proprietary rights of Risktutor or third parties. All Content on the site is copyrighted as a collective work of Risktutor pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information or restrictions contained in any Content available on or accessed through the site. 4. GRANT OF LICENSE Subject to the terms and conditions of this Agreement, Risktutor grants to you a non-exclusive, non-transferable, limited license to use the Content on the Risktutor website. 5. AUTHORIZED USE The license granted by this Agreement authorizes you to use the Content for your own internal purposes. You agree not to assign, sublicense, or otherwise convey or transfer the Content to any other person, firm or organization other than in the furtherance of your own business. You agree not to reverse engineer or otherwise attempt to discern the source code of the Content on the Risktutor website and further agree to notify your employees and agents who may have access to the Content of the restrictions contained in this Agreement to ensure their compliance with such restrictions. 6. LICENSE TERM The license granted by Risktutor to you under this Agreement shall remain in full force and effect so long as you comply with the terms of this Agreement and continue to pay the required license fees. 7. DEFAULT Material unauthorized copying, disclosure, use, license, sub-license, lease, sub-lease, assignment, sale, transfer or gift of the Content to a third party by you, directly or indirectly, except as authorized in this Agreement, constitutes a default under this Agreement. In the event of a default the license granted hereunder shall terminate. In the event of such termination, Risktutor shall immediately deny you further access to and use of the Content on the website. 8. LIMITED WARRANTY Risktutor does not warrant that the Content, information, data, or the functions contained therein will meet your requirements, operate without interruption or be error free. YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE USE OF THE RISKTUTOR WEBSITE, ITS CONTENT AND OTHER SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO WARRANTY OF NON-INFRINGEMENT. THERE IS NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR CONTENT PROVIDED BY, LOCATED ON OR OBTAINED THROUGH THE RISKTUTOR WEBSITE. 9. FURTHER LIMITATION RISKTUTOR MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION YOU DERIVE FROM RISKTUTOR'S WEBSITE. RISKTUTOR MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE MEDICAL INFORMATION PROVIDED ON THE RISKTUTOR WEBSITE AND SPECIFICALLY DISCLAIMS RISKTUTOR HAS ANY MEDICAL TRAINING OR THE INTENT, WHETHER ACTUAL OR IMPLIED, TO ENGAGE IN THE PRACTICE OF MEDICINE. 10. LIMITATIONS OF LIABILITY IN NO EVENT WILL RISKTUTOR BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR OTHER DAMAGES) THAT RESULT FROM YOUR LICENSE TO USE THE CONTENT ON THE RISKTUTOR WEBSITE EVEN IF RISKTUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. 11. LINKED SITES Sites linked to this Risktutor website are not under RisktutorÕs control and, accordingly, Risktutor does not assume any responsibility or liability for any communications or materials available at such linked sites. Risktutor does not intend links to other sites from or to the Risktutor website to be referrals or endorsements of the linked entities, and are provided for convenience only. 12. PROPRIETARY INFORMATION You acknowledge that the Content and information on the Risktutor website are a commercially valuable proprietary product of Risktutor which offers Risktutor a commercial advantage over its competitors. The loss of this competitive commercial advantage due to an unauthorized disclosure, use, license, sublicense, lease or sublease, sale, transfer, or gift would cause irreparable injury and harm to Risktutor. You further acknowledge that the Content and information on the Risktutor website including, but not limited to, the design, programming techniques, and documentation therein, constitutes a tradesecret which is available to you on the basis of the confidential relationship between you and Risktutor under this Agreement. You agree you will not, without the prior written consent of Risktutor, disclose to others or employ to your own advantage, except as permitted by this Agreement, the Content or any information obtained from the Risktutor website. You agree not to remove, deface, or destroy any copyright, patent notice, trademark, service mark, or other proprietary markings or confidential legends placed on or within the Content or information obtained from the Risktutor website. 13. INDEMNIFICATION You agree to defend, indemnify, and hold Risktutor harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneyÕs fees) arising from your violation of this Agreement or any third partyÕs rights, including, but not limited to, infringement of any copyright, violation of any proprietary right, or invasion of any privacy rights. This obligation will survive the termination of this Agreement. 14. GENERAL You recognize that your use of the Risktutor website may involve the transmission of personal information. You consent to the transmission by electronic means of such information through the Internet, and such consent shall be effective at all times that you use your Risktutor account. This User Agreement constitutes the entire agreement between you and Risktutor with respect to the subject matter hereof. This User Agreement shall be construed in accordance with the laws of the State of California and, except where prohibited by law, you consent to the exclusive jurisdiction and venue of the courts in Los Angeles County, California, in all disputes arising out of or relating to your use of the Risktutor website.
Print a copy of the LTC Policy Comparisons License Agreement
Please Print this agreement for your Records. GENERAL CONTRACT FOR SERVICES This Contract for Services (this "Contract") is made effective from the date of your subscription, by and between the Licensee (you) and LTCWebsites.com of P.O. Box 409, Rabun Gap, Georgia 30568. The use of LTCPolicyComparisons.com is licensed and not sold. In this Contract, the party who is contracting to receive services will be referred to as "the licensee," and the party who will be providing the services will be referred to as "LTCWebsites.com" Acceptance YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SIGNING BELOW. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO COMPLETE THE SUBSCRIPTION PROCESS. Product Use YOUR SUBSCRIPTION LICENSE ALLOWS FOR YOUR PERSONAL USE ONLY. YOU MAY NOT COPY, REPRODUCE OR SHARE ACCESS TO THIS SITE OR INFORMATION CONTAINED IN THIS SITE WITH ANY UNLICENSED USER. 1. DESCRIPTION OF SERVICES. Beginning on your subscription date, LTCWebsites.com will provide to "the Licensee" the following services (collectively, the "Services"): Internet access to LTCPolicyComparisons.com. a Long-Term Care Insurance policy comparison and underwriting information website. LTCWebsites.com, retains full ownership and copyrights to all materials, concepts and designs contained in said website. The Licensee agrees they will not copy, reproduce or transmit the materials in any form or manner, without written permission of LTCWebsites.com. This license is for personal use only in your business or profession, not multiple users. LTCwebsites.com may make material or content changes and updates to the site at their discretion. LTCWebsites.com, will notify the client of any website changes by email. Neither LTCWebsites.com, its employees or agents warrants that internet service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from use of this site. Further, it is expressly acknowledges that LTCWebsites.com is not engaging in the business of selling insurance, accepting applications for insurance, nor are we involved in the underwriting process of any insurance business obtained by the user as a results of the use of this site. The client expressly agrees under no circumstances, including negligence, shall LTCWebsites.com, its officers, agents or employees or anyone else involved in creating site services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the site; or that mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether limited to acts of God, communication failure, theft, destruction or unauthorized access to LTCWebsites.com records, programs or services. The client further agrees that this paragraph shall apply to all content on the contracted site. 2. TERM. This Contract will be renewed automatically each year on the anniversary date of the original contract. Renewal fees must be received 15 days before that date. 3. CONFIDENTIALITY. LTCWebsites.com, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of LTCWebsites.com, or divulge, disclose, or communicate in any manner, any information that is proprietary to "the Licensee. LTCWebsites.com and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. 4. WARRANTY. LTCWebsites.com shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in LTCWebsites.com's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to LTCWebsites.com on similar projects. 5. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract. 6. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties. 7. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 8. AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. 9. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of Georgia. 10. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing. 11. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
