Effective Date: June 1, 2020
We may modify this Agreement at any time at our sole discretion. If you have registered an account for the Service, we will notify you of material changes by email to the address you have provided for your account. Any such modification shall be effective immediately upon posting. Your continued use of the Service after we modify the Agreement shall be deemed your conclusive acceptance of the modified Agreement.
1. The Service
The Service is an educational and informational tool targeted to life insurance and financial services professionals who are participants in The MDRT Academy. It permits users to access proprietary textual, audio and video content from The MDRT Academy (collectively, the "Content"). You recognize that the Service is a reference aid only, and not a substitute for the exercise of professional judgment. While we make reasonable efforts to present reliable Content, we do not guarantee the accuracy of the Content and are not liable for any errors or omissions. You are responsible for applying your own professional judgment in reviewing the Content and determining whether any information contained therein is appropriate for use with any of your clients. Any tax or legal information included in the Content does not constitute professional advice. You are urged to consult with tax and legal professionals in your state, province or country before relying on any such information accessed through the Service. We also encourage you to consult appropriate insurance and security regulations and compliance departments concerning the use of any new sales material with your clients.
The Service is for participants in The MDRT Academy over 18 years of age who can form legally binding contracts under applicable law. If you do not meet the foregoing or other applicable requirements, you may not use the Service.
You are responsible for acquiring and updating your mobile device or other hardware as may be necessary to use the Service. We do not guarantee that the Service will function on any particular devices. For you to use most features of the Service, you must obtain data network access and comply with any applicable third-party terms of agreement pertaining to such access. Your mobile network’s data and messaging rates and fees may apply if you use the Service from your mobile device. The Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
We may discontinue the Service or make changes to the Service at any time without prior notice, including by removing or disabling access to Content on the Service. We will in no event be liable for discontinuing or making changes to the Service, including removal of disabling of access to Content.
Certain content, products and services available through the Service may be provided by third parties. In addition, as a convenience to you, we may provide links to certain third-party apps or websites. We are not a publisher of any such items, and we are not responsible for examining or evaluating the content or accuracy of any such items. We do not warrant or endorse and will not have any liability for any third-party materials, apps and websites, or for any other materials, products or services of third parties.
3. Your Information
You agree to provide current, complete and accurate Subscriber Data, which is necessary for us to provide the service. You further agree to maintain and update your Subscriber Data as required to keep it current, complete and accurate. You shall not use a false or misleading name or a name that you are not authorized to use. If any information you provide is false, incomplete or inaccurate, we may terminate your use of the Service. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability.
By providing us with your mobile phone number and email address, you are consenting to us contacting you by those means (including by an automatic telephone dialing system) unless you tell us otherwise. We provide an opportunity for you to tell us this both at the time we collect the data and each time we communicate with you. We will share your mobile phone number and email address with our associated entities for the sole purpose of such associates contacting you by text message or email regarding goods and services that we have determined would be of interest to our members because they are similar to goods and services you have obtained from us. However, we shall not collect, use or disclose your personal information without your consent, including for any direct marketing activities. Data and messaging rates apply to all text messages. You may cease receiving text messages at any time by contacting the sender directly. We seek to limit other use of our members’ Subscriber Data by our associated entities to which we provide such information, but we are not liable for any misuse of such information by those entities.
4. User Accounts, Passwords and Security
If you register to use the Service, you may receive or establish one or more passwords and accounts (collectively, “Accounts”). You are solely responsible for maintaining the confidentiality and security of your Accounts. You are entirely responsible for all activities that occur on or through your Accounts, and you agree to notify us immediately about any unauthorized use of your Accounts or any breach of security. We will not be responsible for any losses incurred in connection with any misuse of passwords and we will have no responsibility whatsoever for your failure to comply with this paragraph. Your breach of this paragraph may result in immediate termination of your Accounts and may also subject you to criminal or civil liability.
5. Intellectual Property
The Service, its design, and all its Content, features and functionality are owned by us, by our affiliated entities, such as Million Dollar Round Table Corporation, or by our licensors and are protected by the copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of the U.S., Australia, Hong Kong, India, Jamaica, Malaysia, New Zealand, the Philippines, Singapore, the United Kingdom and other countries. Accessing, using or reproducing the Service or Content in a manner other than as authorized in this Agreement may subject you to civil or criminal penalties.
Million Dollar Round Table®, MDRT® and MDRT Academy® are registered service marks of the Million Dollar Round Table Corporation. Other trademarks, service marks, logos, copyrights, authorial works, entrepreneurial works, patents, trade secrets and other intellectual property assets used in connection with the Service are owned by us or their respective owners. You are granted no right or license with respect to any said intellectual property assets other than as authorized in this Agreement. You agree not to use intellectual property assets in any manner that infringes upon the ownership rights of us or any third party.
6. Grant of License
We grant you a limited, revocable, non-exclusive, non-sub-licensable, non-transferable license to (1) access and make use of the Service; (2) download or stream Content from the Service to your computer or other device solely for your own use; and (3) create a hyperlink to the homepage of Service so long as the link does not portray us, our content providers, our affiliates or our products or services in a false, misleading, derogatory or otherwise offensive manner or use our intellectual property assets without our express written permission.
Except as otherwise expressly provided in this Agreement, you may not, in whole or part: (a) copy, reproduce, transcribe, distribute, transmit, display, communicate, perform, publish, translate, modify, rewrite, create derivative works from, make an adaptation of, transfer, sell, lease, loan or sublicense the Service, any Content, or an adaptation of the Service or any Content; or (b) reverse engineer, disassemble or decompile the Service other than as expressly permitted by law. Any unauthorized use of the Service or of our intellectual property assets automatically terminates the license granted by us to you.
7. User Contributions
You are responsible for any User Contributions you post, including for the legality, reliability, accuracy and appropriateness of your User Contributions. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Service.
You represent, warrant and agree that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above.
- You shall not use the Service to recruit or attempt to recruit personnel or agents of another company or to promote any goods or services, except with our express written permission.
- You shall not post (1) false, misleading, disparaging or other negative reviews or comments concerning commercial companies or products; (2) any material that is illegal, discriminatory, obscene, harassing or otherwise objectionable; (3) any material seeking to prevent any person from gaining access to any market or customer; (4) any material concerning any agreement or understanding to refrain from purchasing or using any material, equipment, services or supplies; or (5) any material seeking to forestall or limit research and development. We may, but shall not be obligated to, review, monitor, amend or remove User Contributions, at our sole discretion and at any time and for any reason or no reason, without notice to you.
We may, but shall not be obligated to, review, monitor, amend, or remove User Contributions, at our sole discretion and at any time and for any reason or no reason, without notice to you.
8. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with this Agreement. You agree not to use the Service:
- In any way that violates any applicable local law or regulation (including antitrust and intellectual property laws and any laws regarding the export of data or software to and from the U.S. or other countries) or for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material that does not comply with the terms of this Agreement or to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam" or other similar solicitation.
- To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including by using email addresses or screen names associated with any of the foregoing) or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the MDRT Academy or users of the Service or expose them to liability.
- In any manner that could disable, overburden, damage or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.
Additionally, you agree not to:
- Use any robot, spider, other automatic means or any interface other than the normal user interface we provide, to access the Service for any purpose, including monitoring, copying or data mining any of the material on the Service.
- Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service or to otherwise attempt to interfere with the proper working of the Service.
- Frame the Service, remove or obscure our trademarks, logos or other proprietary notices on the Service, or apply other trademarks, logos or proprietary notices to the Service.
- Use our name, trademarks, logos or other intellectual property assets without our express written consent.
9. Claims of Copyright Infringement
We respect the intellectual property rights of others and request that you do the same. Accordingly, we have adopted a policy to respond to notices of claimed infringement and terminate in appropriate circumstances the Accounts of users who are repeat copyright infringers. If you believe your copyright or the copyright of a person or entity on whose behalf you are authorized to act has been infringed, you may notify our copyright agent at:
325 W. Touhy Ave
Park Ridge, IL 60068-4265
+1 800 879 6378
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
11. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE LICENSORS, APP DISTRIBUTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO OR FROM IT, OR ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY OTHER DAMAGES IN EXCESS OF THE GREATER OF (1) THE AMOUNT YOU PAID TO ACCESS THE SERVICE OR (2) USD 50.
You agree to indemnify and hold harmless us, our affiliates, our licensors and service providers, and all of our respective subsidiaries, shareholders, officers and directors, agents, employees, licensors, successors and assigns from and against any third party claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of your breach of this Agreement and your use of the Service and Content, including any use of the Service and Content other than as expressly authorized in this Agreement.
13. Governing Law
This Agreement and all matters related thereto or disputes arising therefrom will be exclusively governed by the laws of the State of Illinois without regard to its principles on the conflicts of laws.
Any controversy or claim arising out of or relating to this Agreement or its breach, with the exception of injunctive relief sought by us for any violation of our intellectual property or other proprietary rights, will be resolved by individual binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. If you are domiciled outside the United States, then the dispute will be resolved by individual arbitration under the then-current International Arbitration Rules of the American Arbitration Association. Contact information for the American Arbitration Association, as well as copies of the Rules and applicable forms, are available at adr.org or by calling the American Arbitration Association at +1 800 778 7879. Class arbitrations and class actions are not permitted, and no claim may be consolidated with any other person’s claim. The location of the arbitration shall be Park Ridge, Illinois, USA.
Before you commence an arbitration under this Agreement, you must first send to us a written notice of your claim (“Notice”).The Notice must (1) be sent by certified mail; (2) be addressed to 325 W. Touhy Ave, Park Ridge, IL 60068-4265; (3) describe the nature of your claim and (4) specify the damages or other relief you seek. You must provide such a notice within one year after your claim accrued. Otherwise, you waive the claim. If we and you do not then resolve the claim within 30 days after our receipt of your Notice, you may commence an arbitration to resolve your claim.
This Agreement constitutes the sole and entire agreement between you and us regarding the Service and supersedes any prior and contemporaneous agreements between you and us written or oral, with respect to the subject matter herein. In the event of a direct conflict between the terms of this Agreement and the terms and conditions of a particular marketing promotion or offer we make, the terms of such particular marketing promotion or offer shall control with respect to such marketing promotion or offer. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. We will not be responsible for failures to fulfill any obligations due to causes beyond our control. Headings are for convenience only and will not be used to alter the meaning of any provision. All notices and demands given to us hereunder shall be in writing and shall be served by personal service, nationally recognized overnight courier service or by certified mail, and shall be effective on the date received as evidenced by proof of receipt, if delivered to The MDRT Academy, 325 W. Touhy, Park Ridge, IL 60068-4265, Attn: Executive Suite.
16. How To Contact Us
If you have any questions or comments about the Service or this Agreement, you can reach us online at firstname.lastname@example.org. You also can write to us at:
325 W. Touhy Avenue
Park Ridge, IL 60068-4265