Terms and Conditions
By maintaining an end user account on ITM TwentyFirst, LLC's ("service provider" or "ITM TwentyFirst") website, you hereby acknowledge that you have read, understand and agree to be bound by these terms and conditions. The term "you" refers to the authorized individual that is specified in the registration information associated with the end user's account. For a business entity client of service provider, the end user is the client company for which the end user account is maintained. For a client company user account, you hereby certify that you have requisite authority to agree to these terms and conditions on behalf of the client company for which you are an authorized individual.
- System Access through User Account. Business entity and other clients of Service Provider (as applicable) (each, an "End User") that desire to access Service Provider's website must maintain an account ("End User Account") on Service Provider's website (www.itm21st.com) ("Electronic System"). Service Provider will not permit a user to obtain an End User Account to access the Electronic System unless all required fields (including but not limited to name, address, phone number, contact name, and email address) are provided to the Service Provider as required during the registration process. End User shall identify an individual to be the administrator on the End User Account ("Administrator") and the Administrator will have full authorization to add, delete and change account information. Each End User is limited to one End User Account, even if the End User is a business entity unless the Service Provider agrees to an exception for billing purposes or another business reason. The End User may designate individuals who may access the End User Account or serve as the Administrator (each such individual is an "Authorized Individual"). End User agrees that each Authorized Individual may act on End User's behalf, and the End User is bound by and liable for all actions or omissions of any Authorized Individual. Access to the Electronic System is obtained by a verification process during which time the End User or Authorized Individual signs in using a unique user name and password ("Log-In Credentials"). During the initial log-in for each End User or Authorized Individual, the End User or Authorized Individual will be required to agree to these terms and conditions. Each successive time the End User or Authorized Individual accesses the Electronic System utilizing the Log-In Credentials constitutes renewal and reaffirmation by the End User and Authorized Individual of these terms and conditions. Service Provider reserves its right to revoke any End User or Authorized Individual's access to the Electronic System at any time without notice.
- End User Responsibilities Related to Electronic System Access and Data Integrity.
- Data Integrity. End User shall verify and ensure that all information and documents (including, but not limited to, medical records, policy information, and insured documents) uploaded to the End User Account or the Electronic System (whether uploaded by an Authorized Individual or Service Provider) are: (i) appropriately designated to the specified insured ("Insured"); (ii) properly obtained, whether from an Insured, a health care provider, an authorized agent or otherwise; (iii) handled in compliance with The Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as amended, as well as all HIPAA rules, standards and implementation guides; (iv) have not been modified or falsified in any way; and (v) delivered by End User or an Authorized User without violating any agreements, laws or regulations.
- Compliance With Acceptable Use Policy and Applicable Laws. End User agrees to comply and shall cause its Authorized Individuals to comply with all applicable laws and regulations, including but not limited to those related to copyright, trademark, other intellectual property rights, data privacy, international communications, pornography, obscenity, import/export regulations, and tax laws.
- End User Account Content Responsibility. End User is solely responsible for the content of the End User Account and maintaining the accuracy of the End User profile information, including information relating to Authorized Individuals.
- Authorized Individual Termination/Separation. Upon termination or separation of an Authorized Individual's relationship with End User, End User shall immediately revoke the Authorized Individual's access to the Electronic System and the End User Account.
- Password Changes. It is recommended that End User and each Authorized Individual shall change the password associated with their Log-In Credentials no less than one (1) time every three (3) months.
- Unauthorized Access. End User shall not allow anyone other than End User and Authorized Users to access the End User Account or Electronic System. End User and Authorized Users shall notify Service Provider promptly if either suspects unauthorized use or access to the End User Account or Electronic System. End User is solely responsible for such unauthorized use and any damages that may result therefrom. In the event an act or omission occurs that End User believes placed the Log-In Credentials or the Electronic System at risk or exposure to unauthorized use, End User and each Authorized User shall immediately change the password associated with the End User Account and immediately provide Service Provider notification of the potential risk. End User shall fully cooperate with any investigation Service Provider initiates in response to a report of a potential risk. End User shall notify Service Provider immediately if End User becomes subject to any lawful order or process that would prohibit or limit End User or Authorized Individual's use of the Service.
- Improper Use/Access. End User shall not and shall prevent its Authorized Users from (i) causing any code, files, scripts, agents or programs intended to do harm, including, for example viruses, worms, time bombs and Trojan horses, or other harmful code to be entered into the Electronic System, (ii) selling, reselling, licensing, sublicensing, distributing, making available, renting or leasing the Electronic System, (iii) interfering with or disrupting the integrity or performance of the Electronic System, (iv) attempting to gain unauthorized access to the Electronic System, (v) copying the Electronic System or any part, feature, function or user interface thereof, (vi) accessing the Electronic System in order to build a competitive product or service, and (vii) reverse engineering the Electronic System.
- Miscellaneous. These terms and conditions shall be governed by the laws of the State of Minnesota, without regard to conflict of law principals. End User and Authorized Individual agree that all actions or proceedings arising in connection with these terms and conditions shall be tried and litigated exclusively in the state or federal courts located in the County of Hennepin, State of Minnesota. If Service Provider takes action to enforce its rights under these terms and conditions, End User shall be liable for attorneys' fees, costs and expenses incurred if Service Provider is the prevailing party. End User and Authorized Individual's rights and obligations under these terms and conditions may not be assigned or transferred without written permission of Service Provider. No waiver of any provision herein will be binding unless executed in writing by the party making the waiver. No waiver of any provision herein will be deemed, or will constitute, a waiver of any other provision, and no waiver will constitute a continuing waiver. Service Provider may confirm to other of Service Provider’s clients that Service Provider has completed a life expectancy certificate on an Insured.
End user/authorized individual have read and accept these terms and conditions and end user/authorized have read and accept the terms and conditions (if any) included on each product (including but not limited to life expectancy or medical records orders or confirmation of past life expectancy estimates) ordered by end user/authorized individual (or service provider upon request) through service provider’s website. If end user/authorized individual do not agree to these terms and conditions, end user/authorized individual may choose not to become a user of the services provided by service provider.
Note, for all life expectancy orders, the following terms and conditions apply as set forth in the applicable life expectancy certificate (quoted language below):
"Terms and Conditions: ITM TwentyFirst does not verify the completeness or accuracy of the information provided by clients. Life expectancy figures are estimates only. ITM TwentyFirst does not represent that an insured will die on or near a projected date. To the maximum extent permitted by applicable law, ITM TwentyFirst expressly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. If ITM TwentyFirst becomes liable to client company or any party with respect to this or any other life expectancy certificates previously issued by ITM TwentyFirst for any reason, the sole liability (whether arising by negligence, contract, statute or otherwise) shall be direct damages, not to exceed the amount paid by client company to ITM TwentyFirst for the specific life expectancy at issue, and in no event shall the aggregate damages for all life expectancies previously or hereafter completed by ITM TwentyFirst for client company exceed one thousand dollars.
Insured-specific medical information may be confidential under state or federal law. Life expectancy information provided to client company by ITM TwentyFirst shall not be used by client in any manner that violates applicable laws.
This certificate is issued solely to, and for the exclusive use of, the client company identified on this certificate. Without prior written consent of ITM TwentyFirst, client company shall not sell, transfer, re-distribute, post, provide copies of, or otherwise disclose this certificate or the information contained therein to any third party, unless required by law (each, an "unauthorized disclosure"). Client company will pay all costs and attorney fees incurred by itm twentyfirst to enforce the terms herein. Any use of this certificate, including any unauthorized disclosure, constitutes agreement to the terms herein."
Additional terms and conditions apply to tertiary life expectancy orders as set forth in the applicable certificate.