1. The "National Care Planning Council" ("NCPC") is the designer and developer of the "Successful Senior Marketing" System (the "Product"), which the NCPC has the right to sell and distribute; and
2. The "User" is an individual who will make use of the Product as part of his or her personal business activity; and
3. A "User's Local Planning Council" is a group of 5 or more individuals or companies recognized as such by the NCPC and for purposes of this agreement, recognition of a User's Local Planning Council consists of a website created and maintained by the NCPC for the User's Local Planning Council of which the User is a member; and
4. The NCPC desires to provide the Product to the User for the sole purpose of permitting use of the Product in the User's personal business activities or as otherwise provided in this Agreement.
1. NCPC'S GRANT
The NCPC hereby grants the User a non-exclusive right to use the Product for the personal business or personal educational activity of the User, subject to the terms and conditions provided in this agreement. The NCPC retains all rights, title and interest in the Product, including, but not limited to, the right to sell the Product to any other third party.
2. USER'S AGREEMENT
As consideration for the payment (purchase of the Product) of the NCPC's grant to use the Product, User agrees to the following terms, conditions and restrictions:
2.1 Permitted Use
User agrees that its use of the Product shall be solely for the personal business activity of the User. User may not allow User's business partners, User's agents, User's associates, User's employees, or any other entities, individuals or companies to use this Product unless authorized, in writing, by the NCPC. A User may share use of the Product with a User's Local Planning Council. Removal of the User's Local Planning Council website from the Internet for any reason rescinds User's rights for sharing the Product with the members of User's Local Planning Council.
2.2 Restrictions and Unauthorized Use
(a) User shall not disclose, lease, sell, make, transfer or assign data contained in the Product or engage in any other transaction, which has the effect of transferring the right of use of part of the Product without prior written consent of the NCPC. User shall direct any third party seeking to make use of the Product to the NCPC in order for that party to obtain the Product.
(b) Users shall not be considered agents, planners, or legal representatives of the NCPC. Members shall not enter into any agreement, make any promises, make any warranty or make any representation on behalf of the NCPC or a State Council. Our names, logos and web content may not be placed on or used as part of a good or service you sell or promote.
(c) After User has received the Product from the NCPC the User shall not duplicate the Product except for the following:
1. User may save Product files to a computer provided that the User agrees not to use the backup material for any purpose other than to replace original data if lost or damaged or to use the Product for its intended use.
2. User may translate the Product into other formats or media, which translations (the "reformats") shall be subject to the same restrictions as the Product under this agreement.
3. User may distribute the Product within its local planning council recognized by the NCPC. If the council is no longer recognized (council website has been removed from the Internet), User agrees to take back into User's possession all materials or copies of materials from all council members in possession of the materials that were originally included with the Product or destroy such materials.
(d) The Product is not available for use or purchase in the state of Utah.
To the fullest extent permitted by law, User shall defend, save and hold harmless the NCPC, and its elected officials, officers, agents and employees from all claims, demands, suits, actions, losses, damages, liabilities, costs and expenses of whatsoever nature (including all attorneys' fees and costs), arising out of or resulting from the User's receipt and use of the Product. In addition, User shall also defend, save and hold harmless the officials, officers, agents and employees of any party providing the NCPC with any Data or information that is contained in the Product from all claims, demands, suits, actions, losses, damages, liabilities, costs and expenses of whatsoever nature (including all attorneys' fees and costs), arising out of or resulting from the User's receipt and use of the Product.
Recommendations made in the product are only recommendations. The User and the User's client must agree/determine if any recommendation fits the client’s needs. The NCPC is not responsible for actions recommended by a the product for any particular client and the User accepts sole responsibility for the information provided in the product.