Terms of Use / Disclaimer
LTC Provider University Website - User License Agreement
Customer's Acceptance of the LTC Provider University Website
Terms and Conditions
This Agreement is between you the Customer ("you" or "your") and
Associated Long Term Care Insurance Company ("ALTC", "us" or "we").
ALTC owns and operates the LTC Provider University Website with its
home page located at www.ltcpu.com (also referred
to as "LTCPU", "LTCPU Website", or the "Website"), and certain
applications or services made available on that site. By visiting
and using the LTC Provider University ("LTCPU") Website, you agree
that you are evidencing your agreement and your continued agreement
to the terms and conditions as set forth below in this Agreement,
and as they may change from time to time, in the sole discretion of
ALTC, and to those of the LTCPU Website's third party vendors, as
they now exist and as they may change from time to time. The terms
and conditions of use of the current vendor sites may be accessed
by clicking on the following links: [www.care2learn.com, www.thecompliancestore.com,
www.ehealthdatasolutions.com,
www.johnstonbarton.com,
www.bulletinvestigations.com
]. If you do not agree to any of these terms and conditions, now or
at any time in the future, you should not use the LTC Provider
University Website. Your acceptance of the terms and conditions and
your continued use signifies your continued agreement.
Applicability of the Terms and Conditions of Use
The terms and conditions of this Agreement apply to you as a
user of the LTC Provider University Website. The LTC Provider
University Website includes, but is not limited to the following
products and services: information and data derived from
Care2Learn, information and data derived from eHealth Data
Solutions, information and data derived from The Compliance Store,
information and data derived from the Robinson-Adams Risk
Management Resource Center, information and data derived from the
Alliance for Long Term Care Quality Improvement Certification in
LTC Risk Management Program, information and data derived from
Johnston Barton Proctor & Rose, information and data derived
from Bullet Investigations and information derived from the
Robinson-Adams Insurance Long Term Care Providers Center.
General Use of the Website and Permissions and
Restrictions
Subject to the terms and conditions of this Agreement, we grant
you a revocable, non-exclusive, non-transferable,
non-sublicenseable and limited right to use the content and
services of the LTCPU Website for your own non-commercial use. We
reserve all rights that are not expressly granted to you herein. We
may impose restrictions on any features or services or limit users'
access to parts or all of the services in our sole discretion and
with or without notice to you. We may change, suspend or
discontinue any of the services, including the availability of any
feature, database, or content, at any time, with or without notice,
or liability, to you. Your right to use the LTCPU Website and its
services is conditioned upon your acceptance of the following
provisions:
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You agree not to distribute in any medium any part of the
Website, except if and where specifically authorized herein,
without ALTC's prior written authorization.
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You agree not to alter, interfere with, or modify any part of
the Website and its operation.
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You acknowledge and agree that (except for content which may be
provided by ALTC's third party content providers, including
Robinson-Adams, Care2Learn, The Compliance Store, eHealth Data
Solutions, Johnston Barton Proctor & Rose, Bullet
Investigations, and The Alliance for Long Term Care Quality
Improvement), ALTC owns all legal right, title and interest in and
to all content, available on the Website, including any
intellectual property rights which subsist in the content provided
on the Website, whether those rights happen to be registered or
not, and wherever in the world those rights may exist.
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Unless you have agreed otherwise in writing with ALTC, nothing
in this agreement gives you a right to use any of ALTC's patents,
copyrights, trade names, trademarks, service marks, trade dress,
logos, domain names, and other distinctive brand features.
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You agree that you shall not remove, obscure, or alter any
proprietary rights notices (including Patent, Copyright and
Trademark notices) which may be affixed to or contained within any
content available on the Website.
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Unless you have been expressly authorized to do so in writing by
ALTC, you will not use any trademark, service mark, trade name,
logo of any company or organization in association with such
content in a way that is likely or intended to cause confusion as
to the source, ownership or authorized use of such content.
Customer's Use of Content on the Site
In addition to the general restrictions above, the following
restrictions and conditions apply specifically to Customers' use of
content on the LTC Provider University Website.
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You agree that you will not advertise, market, offer, sell or
otherwise provide information and data derived from Care2Learn,
information and data derived from eHealth Data Solutions,
information and data derived from The Compliance Store, information
and data derived from the Robinson-Adams Risk Management Resource
Center, information and data derived from the Alliance for Long
Term Care Quality Improvement Certification in LTC Risk Management
Program, information and data derived from Johnston Barton Proctor
& Rose, information and data derived from Bullet
Investigations, and information derived from the Robinson-Adams
Insurance Long Term Care Providers Center contained therein and
derived therefrom to members of the public and other businesses,
and as further provided in this Agreement.
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Upon registration, ALTC will provide users of the LTCPU Website
with a proprietary user name and password that must be used when
requesting information and data from the LTCPU Website, including
from or related to the following Website components: Care2Learn,
eHealth Data Solutions, The Compliance Store, Johnston Barton
Proctor & Rose, Bullet Investigations, the Robinson-Adams Risk
Management Resource Center, the Alliance for Long Term Care Quality
Improvement Certification for LTC Risk Management Program and the
Robinson-Adams Insurance Long Term Care Providers Center. You shall
keep such user name and password confidential and prevent
unauthorized or fraudulent use thereof, and You shall report any
such use immediately to ALTC. Any request for a Report using
Customer's user name and password shall conclusively signify that
Customer has authorized the Report request. Customer shall be
responsible for payment of all requests for Reports until written
notice is received by ALTC that any request is unauthorized or
fraudulent.
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You agree to immediately notify ALTC of any termination,
transfer, or other cessation of employment by you or any of your
employees, agents, or independent contractors who have been
provided with personal proprietary user names and passwords for the
LTCPU Website.
- Customer agrees that Reports are pulled via the Internet at
www.ltcpu.com and are available through Internet browsers or
processes compatible to LTC Provider University Website
interfaces.
- ALL SERVICES AND INFORMATION PROVIDED ARE PROVIDED "AS IS."
NEITHER ALTC NOR ITS LICENSORS OR DATA PROVIDERS MAKE ANY WARRANTY,
WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES AND/OR
REPORTS PROVIDED HEREUNDER, AND ANY AND ALL WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE, AND
NON-INFRINGEMENT, ARE HEREBY EXPRESSLY EXCLUDED. ALTC SHALL HAVE NO
LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT FOR
CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES EVEN IF IT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE AND ANY AND
ALL COMMERCIAL DAMAGES OR LOSSES.
- You understand and agree that ALTC and the other LTCPU Website
content providers collect data from public records and other
sources for use in the LTC Provider University Website and that the
Reports and Data generated therefrom may contain errors and
omissions. ALTC does not guarantee the accuracy of any information
furnished in the course of this Agreement and ALTC will not be
liable for any loss or injury caused in whole or part, either by
its negligence or circumstances beyond its control in procuring,
compiling, collecting, interpreting, or communicating such
information. ALTC gathers information on an as-available basis.
Customer understands that not all information is available for all
states and that ALTC and the other content providers do not have
access to some information that may be available to other entities.
Customer also understands there may be a period of time between
receipt of the information by ALTC and its inclusion into the LTC
Provider University Website Database. Customer agrees to hold ALTC
harmless for any information that is not available at the time of
request by Customer or regarding information which is not in the
LTC Provider University Website Database for whatever reason.
Customer recognizes that ALTC's sole responsibility in the case of
erroneous Data is reasonable correction of the item in question.
Customer recognizes that errors can occur in data transmission over
telephone and network circuits and agrees to hold ALTC harmless for
such errors and any resulting erroneous output thereof.
- ALTC reserves the right to reject service to any customer in
which it believes the Service will be used in a manner which
adversely affects ALTC's Technologies. Ownership of information and
data derived from Care2Learn, information and data derived from
eHealth Data Solutions, information and data derived from The
Compliance Store, any information or data derived from the
Robinson-Adams Risk Management Resource Center, information and
data derived from the Alliance for Long Term Care Quality
Improvement Certification in LTC Risk Management Program,
information and data derived from Johnston Barton Proctor &
Rose, information and data derived from Bullet Investigations, and
information derived from the Robinson-Adams Insurance Long Term
Care Providers Center shall at all times remain with ALTC and/or
its Licensor. Customer will not sell, disclose or provide
information from Care2Learn, eHealth Data Solutions, The Compliance
Store, Johnston Barton Proctor & Rose, Bullet Investigations,
The Alliance for Long Term Care Quality Improvement and
Robinson-Adams Insurance or the Data contained in and derived there
from, either directly or indirectly, to any third party without the
expressed written consent of ALTC, which restriction includes,
without limitation, that Customer will not: (1) Allow another party
to obtain, review or gather data and information from Care2Learn,
eHealth Data Solutions, The Compliance Store, Johnston Barton
Proctor & Rose, Bullet Investigations, Robinson-Adams Risk
Management Resource Center, The Alliance for Long Term Care Quality
Improvement Certification in LTC Risk Management Program, and the
Robinson-Adams Insurance Long Term Care Providers Center for any
purpose; (2) Transmit or provide, or knowingly allow a third party
to transmit or provide information from Care2Learn, eHealth Data
Solutions, The Compliance Store, Johnston Barton Proctor &
Rose, Bullet Investigations, Robinson-Adams Risk Management
Resource Center, The Alliance for Long Term Care Quality
Improvement Certification in LTC Risk Management Program, and the
Robinson-Adams Insurance Long Term Care Providers Center or Data
contained therein and derived there from directly, or indirectly
via the LTC Provider University website or otherwise, to any third
party. Violation of these terms may result in immediate
cancellation of this Agreement, and/or the exercise of any of its
other rights - which are hereby expressly retained - by ALTC.
- Title to the Database shall remain with ALTC or its licensors
and data providers. In no event shall title to the Database in
whole or in part pass to Customer. Customer acknowledges that it
does not take title to the LTCPU Database or any other data
furnished to it by ALTC through this Agreement. The Database shall
not be assigned, sub-leased, sublicensed, rented, sold or disposed
of by Customer in whole or in part in any manner whatsoever, except
as expressly provided herein.
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The Database, Data, Reports, marketing programs, customers and
other information pertaining to the identity and usage of persons
and entities having access to the Database, Data, Reports or the
services of ALTC, and other proprietary information disclosed to or
otherwise obtained by Customer as a result of this Agreement, shall
be deemed and treated by Customer as proprietary and confidential
(the "Confidential Information"). Customer acknowledges that all
Confidential Information is and shall continue to be the exclusive
property of ALTC and its licensors and providers as indicated
above. Customer agrees not to disclose Confidential Information,
directly or indirectly, under any circumstances or by any means, to
any third party other than as expressly authorized in this
Agreement.
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You as the Customer may not (and you may not permit anyone else
to) copy, modify, create a derivative work of, reverse engineer,
decompile or otherwise attempt to extract the source code of any
element of the Website, unless you have been specifically told that
you may do so by ALTC, in writing.
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The content on the LTC Provider University Website, including
without limitation, the text, software, scripts, graphics, photos,
sounds, music, videos, interactive features and the like
("Content") and the trademarks, service marks and logos contained
therein ("Marks"), are owned by or licensed to ALTC, and subject to
copyright and other intellectual property rights under the law.
Content on the Website is provided to you AS IS for your
information and personal use only and may not be downloaded,
copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of ALTC, except as
noted in section 6 above. ALTC reserves all rights not expressly
granted in and to the Website and the Content.
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You as the Customer agree not to circumvent, disable or
otherwise interfere with security-related features of the LTC
Provider University Website or features that prevent or restrict
use or copying of any Content or enforce limitations on use of the
LTC Provider University Website or the Content therein.
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You hereby expressly release ALTC and its related parties from
claims, liabilities or damages of any kind and nature, known or
unknown, arising out of or connected with your use of the LTCPU
Website and services, or any dispute between you and other users or
a third party. The Website may contain or involve links or
references to third party Web sites. You acknowledge that any such
links are provided to you by ALTC solely as an added convenience to
you, and you agree that ALTC is not responsible for the operation
or actions of or content displayed on those Web sites and you
hereby expressly release ALTC from any claims or liabilities you
may have, known or unknown, relating to those third party Web
sites.
Limitation of Liability
IN NO EVENT SHALL ALTC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE LTCPU WEBSITE, (III)
ANY UNAUTHORIZED ACCESS TO OR USE OF ALTC'S SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE LTCPU WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE
LTCPU WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LTC PROVIDER
UNIVERSITY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
Health Insurance Portability and Accountability Act
(HIPAA)
The Health Insurance Portability and Accountability Act (HIPAA)
is a federal law that allows a person to qualify immediately for
comparable health insurance coverage when they change their
employment relationships. Title II, Subtitle F, of HIPAA gives the
United States Department of Health and Human Services (HHS) the
authority to mandate the use of standards for the electronic
exchange of health care data; to specify what medical and
administrative code sets should be used within those standards; to
require the use of national identification systems for health care
patients, providers, payers (or plans), and employers (or
sponsors); and to specify the types of measures required to protect
the security and privacy of personally identifiable health care
information. The process by which LTC Provider University exchanges
private data electronically is compliant with all regulations set
forth by HIPAA. For additional information on HIPAA, please visit
http://www.hhs.gov/ocr/hipaa/.
General
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Governing Law and Dispute Resolution. The laws
of the State of Alabama (without giving effect to its conflict of
laws principles) govern all matters arising out of or relating to
this Agreement and the transactions it contemplates, including,
without limitation, its interpretation, construction, performance,
and enforcement. Any claims or actions regarding or arising out of
or related to this Agreement must be brought exclusively in a state
or federal court located in Jefferson County, Alabama, and each
party to this Agreement submits to the jurisdiction of such courts
for the purposes of all legal actions and proceedings arising out
of or relating to this Agreement. Each party waives, to the fullest
extent permitted by law, any objection that it may now or later
have to (i) the laying of venue of any legal action or proceeding
arising out of or relating to this Agreement brought in any state
or federal court located in Jefferson County, Alabama; and (ii) any
claim that any action or proceeding brought in any such court has
been brought in an inconvenient forum.
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Indemnity. You agree to indemnify and hold ALTC
and its related parties, independent contractors, partners,
licensors and joint venturers harmless from and against all
liabilities, damages, costs and expenses (including attorneys
fees), incurred in connection with any claim or demand made by any
third party arising from (a) your use or access of the LTCPU
Website and services, (b) your actual or alleged breach of this
Agreement, or (c) any alleged infringement or violation by you, or
anyone using or acting through your user account or password, of a
third party's right, including but not limited to intellectual
property right and right of privacy. Notwithstanding the foregoing,
ALTC reserves the right to assume the exclusive defense and control
of any such claim or action and all negotiations for settlement or
compromise, and you agree to fully cooperate with us in the defense
of any such claim, action, settlement or compromise negotiations,
as requested by us, and you may not in any event settle any such
matter without the written consent of ALTC..
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Invalidity and Waiver of Agreement. If any
provision of this Agreement is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions, which shall remain
in full force and effect. No waiver of any term of this Agreement
shall be deemed a further or continuing waiver of such term or any
other term, and ALTC's failure to assert any right or provision
under this Agreement shall not constitute a waiver of such right or
provision.
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Right to Amend. ALTC reserves the right to
amend this Agreement at any time and without notice, and it is your
responsibility to review the terms and conditions therein for any
changes. Your use of the LTC Provider University Website following
any amendment of these terms and conditions will signify your
recognition of and acceptance of the revised terms.