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 Risktutor’s 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 attorney’s fees) arising from your violation of this Agreement or any third party’s 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.