October 16, 2017
RTWNow.com provides customized solutions for disability case management (the .Service.). You must read and agree to these Terms and Conditions of Use, including any future amendments (collectively, the .Agreement.) in order to legally use the Service. If you do not agree to be bound by the Agreement, you are not authorized to view or use the Service and you should discontinue its use immediately.
Your use of this Service (as defined below) and any materials accessed herein indicates that you fully understand and accept the Terms and Conditions of Use (referred to as "Agreement"). This Agreement may be updated at any time without notice. RTWNow.com may modify this Agreement from time to time and such modification shall be effective upon posting by RTWNow.com on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Failure to comply in full will result in cessation of access and use privileges and may result in legal actions taken against the offending individuals and organizations at our discretion. We reserve the right to block your access to Service for violation of this Agreement. You agree to review the Agreement periodically to be aware of such modifications. Your continued use of the Service constitutes acceptance of the changes. This Agreement was last modified on October 16, 2017.
You may use the RTWNow.com Web site, contents, and data ("Data" as defined below) residing on servers (herein referred to as "Service") operated by RTW Now, LLC for the purpose of accessing Data and Information which are available, according to strict compliance to this Agreement . Only active subscribers are permitted access to or use of the site and accompanying features. Temporary access allowed for marketing demonstrations is included under this Agreement. Any use not authorized herein is prohibited.
DEFINITIONS
"RTWNow" means RTW Now, LLC. "RTWNow et al" means RTW Now, LLC its affiliates, agents, information providers, and licensors.
The word "User(s)" means any Person visiting RTWNow.com or holding subscription(s) to or trial(s) of any RTWNow product, also referred to as "you" or "yours".
The phrase "Subscriber-Only" describes any feature, function, form, graphic or Data that is made available to Users only through a paid or trial subscription.
The word "Person(s)" means any natural person, proprietorship, corporation, partnership, or other entity whatsoever.
The word "Data" means certain data and other information including the written word, forms, formats, or products.
The word "or" includes the word "and".
The phrase "Claims or Losses" means any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, judgments, settlements, and expenses of whatever nature, whether incurred by or issued against an indemnified party or a third party, including, without limitation, (1) indirect, special, punitive, consequential or incidental loss or damage, (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, or other indirect loss or damage) and (2) administrative costs, investigatory costs, litigation costs, and auditors' and attorneys' and fees and disbursements (including in-house personnel).
Intellectual Property Notices. The RTWNow.com database contains proprietary, original content that is protected by U.S. copyright and international treaties. No rights in copyright, patents, trademarks, trade secrets, or other intellectual property are granted by either party to the other except as expressly provided under these Terms. RTWNow retains all intellectual property rights. RTWNow will pursue legal action against anyone who misappropriates our name, marks or copyrighted material for commercial use. This notice constitutes fair warning. Copyright RTWNow, LLC, Eugene, OR 97405. All rights reserved.
Proprietary Data and Information. You acknowledge that Service contains Data that is highly proprietary in nature and that unauthorized copying, transfer or use may cause RTWNow or its affiliates, agents, and licensors irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of the Agreement may be enforced by RTWNow by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
DISCLAIMER OF WARRANTIES, TERMS AND LIABILITY. THE DATA AND INFORMATION ACCESSIBLE ON THIS SERVICE ARE PROVIDED "AS IS" AND THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH INFORMATION AND DATA. RTWNOW ET AL CANNOT AND DOES NOT GUARANTEE THE ACCURACY, SEQUENCE, COMPLETENESS, TIMELINESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICE OR BY ANY FORCE MAJEURE OR ANY OTHER CAUSE BEYOND THEIR REASONABLE CONTROL. RTWNOW ET AL SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE, OMISSION IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING OR DELIVERING ANY INFORMATION OR DATA THROUGH THIS SERVICE OR FOR INTERRUPTION IN ANY SUCH DATA. IN NO EVENT WILL RTWNOW BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION OR DATA OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DAMAGES RESULTING FROM INCONVENIENCE, OR LOSS OF USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SERVICE MAY BE DISCONTINUED OR LIMITED AT ANY TIME.
User Name / Password Protection. You, your employees and agents are bound by this Agreement as if they were you. You are responsible and liable for any activity by any person who uses your account as a subscriber to the Service. You are responsible for maintaining the confidentiality of your password and for any liability resulting from disclosure of your password. You agree to take all reasonable steps to protect the Service from unauthorized access or use. Upon subscribing, you will be assigned a user name and password that will permit you to access the Service. You agree that you will be the sole User of the Service under this Agreement. Username/Password are subject to cancellation or suspension by RTWNow, including upon your misuse of the Username/Password in any way. You agree that you will use your best efforts to prevent any third party from obtaining the Username/Password, and you will inform RTWNow immediately of any actual or potential unauthorized access to a Username/Password or to the Service.
Access / Interference / Modification / Links / Frames. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of RTWNow.com without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through RTWNow.com, not to use any device, software or routine to interfere or attempt to interfere with the proper working of Service, not to take any action that imposes an unreasonable or disproportionately large load on the RTWNow infrastructure, and not to use any data mining, robot, spider, crawler, cancelbots, Trojan horse, or any data gathering or extraction method or manual process to facilitate the misuse of RTWNow.com.
Dissemination Modification or Discontinuance. You acknowledge that RTWNow, in its sole discretion, may from time to time make modifications to its system, the Service, or Data. You understand that, at any time, RTWNow may discontinue disseminating any category of Data. You shall not hold RTWNow et al liable for any resulting liability, loss or damages that may arise therefrom.
Copyright Notice. Customer must reproduce all copyright notices that appear in or on the Software (including documentation) and forms on all permitted copies or adaptations.
Redissemination Prohibited. All of the information, content, services, forms, formats and software displayed on, transmitted through, generated by, or used in connection with RTWNow.com, including for example, forms, text, photographs, images, illustrations, html, source and object code, software, data, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by RTWNow. RTWNow actively protects its rights to the Content to the fullest extent of the law. You may not use such material except as provided in this Agreement.
Internal Use. You may use the Service and the Content solely for your internal use and not for resale or sub-licensing and solely for the purposes intended and authorized in this Agreement. No other use is permitted. You may not, for example, republish the Content as printed material or on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. Other than for the intended purpose, you may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display, prepare any derivative works or otherwise use any portion of the Content without the written consent of RTWNow.
Implied license. There are no implied licenses.
Duration / Survival. This Agreement remains in effect for so long as you have the ability to receive Data as contemplated by this Agreement and any related Statement Of Work ("SOW"). Any provisions in this Agreement which by their nature extend beyond the termination or expiration of any sale or license of Products or Service will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assigns. If any of the provisions of this Agreement, or application thereof to any Person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions to Persons or circumstances other than those as to which they are held invalid or unenforceable, shall not be affected thereby and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
Force Majeure. Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control; however, this provision will not apply to Customer's payment obligations.
Assignment. Customer may not assign, delegate or otherwise transfer all or any part of its rights or obligations under these Terms without prior written consent from RTWNow. Any such attempted assignment, delegation, or transfer will be null and void.
Notices. All notices that are required under these Terms will be in writing and will be considered effective upon receipt.
General Provisions. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. RTWNow may change the terms of this Agreement at any time by posting modified terms on its website. Any and all rights and remedies of RTWNow upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on RTWNow, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement.
Waiver and Severability. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
Users and the Person executing this Agreement on behalf of any User that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute the Agreement on behalf of User. This Agreement shall be deemed to have been made in the United States in Eugene, Oregon and shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of Oregon, without reference to principles of conflicts of laws thereof. User hereby consents to submit to the jurisdiction of the courts of or for Lane county, Oregon in connection with any action or proceeding instituted relating to this Agreement.
Under the penalties for perjury, you understand that by using the Service You certify that You have read and understand the above and agree to the terms and conditions.
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