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LTC Trend Tracker Acceptance Agreement

You are agreeing, on behalf of your individually-owned member facility organization / multi-facility member organization, to comply with and be bound by the terms and conditions set forth in this Acceptance Agreement (“Agreement”) with respect to your access and use of our proprietary LTC Trend TrackerSM data collection and reporting/benchmarking tool (the “LTCTT”).  You further agree to comply with and be bound with any other applicable terms and conditions, including, without limitation, our Terms of Use  (http://www.ahcancal.org/about_ahca/Pages/TermsandConditions.aspx) and Privacy Policy (http://www.ahcancal.org/about_ahca/Pages/PrivacyPolicy.aspx), both of which are accessible on each of our Websites and are incorporated herein by reference.  We reserve the right to revoke or deny access to the LTCTT to anyone who has violated our Terms of Use, Privacy Policy, and/or this Agreement.  Capitalized terms that are not defined below shall have the definitions ascribed to them in the Terms of Use.  Any discrepancies between the terms below and those set forth in the Terms of Use shall be decided in favor of the Agreement.  We, the American Health Care Association, may be referred to herein as “AHCA”, “we”, “us” or “our”, while you, the user, shall be referred to herein as “you”.

1. Use of the LTCTT is available only to individuals or entities that can enter into legally binding contracts under applicable law.  By accessing and using the LTCTT, you represent and warrant that you are of the legal age of majority in your jurisdiction of residence. 

2. As a user of the LTCTT, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the LTCTT and the associated data, information, features, functions, and content on the LTCTT that we make available to you (collectively, “LTCTT Content”) in accordance with this Agreement.  AHCA may terminate this license at any time for any reason.   No part of the LTCTT or any LTCTT Content or appurtenant thereto may be reproduced by you in any form or incorporated into any other data collection or reporting/benchmarking tool or any other competing or similar product, including, without limitation, a data collection and information retrieval system, whether electronic or mechanical.  Unless using all or any portion of the LTCTT or LTCTT Content for an AHCA or an AHCA state affiliate-sponsored activity, you may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer all or any portion of the LTCTT or LTCTT Content without our express prior written consent.  You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the LTCTT, and you may not take any action that imposes an unreasonable or disproportionately large load on AHCA’s infrastructure.  Unless using all or any portion of the LTCTT or LTCTT Content for an AHCA or an AHCA state affiliate-sponsored activity, your right to use the LTCTT and LTCTT Content is not transferable.  You expressly represent and warrant that you will not attempt to re-identify or connect any LTCTT Content or any other information or data you access on the LTCTT which may be in the aggregate, non-identifiable or anonymized form to an identifiable individual. 

3. Access to the LTCTT is controlled and monitored by us through the use of authorized user accounts and passwords.  You will be prompted to create a user account and designate a password in order to utilize these areas.  You will also be required to designate, in writing, an account administrator to be responsible for your account, including the assignment of privileges and reporting of unauthorized users. Your account administrator shall be required to keep user information current and accurate, and shall also have control over the creation and termination of user accounts/access.  If you  or your account administrator suspects fraud, a breach of the terms and conditions herein or any other wrongdoing in connection with the LTCTT, you and/or the account administrator shall be required to immediately notify AHCA.  You acknowledge and agree that you are entering into this Agreement on behalf of your individually-owned member facility organization / multi-facility member organization.  You represent and warrant that you have the authority to enter into this Agreement on behalf of your individually-owned member facility organization / multi-facility member organization.

4.  You agree and acknowledge that your member organization’s right to use the LTCTT is contingent on its regular submissions of the specified data that is described in the LTCTT (e.g., facility-level monthly Medicare days by RUG category) (“Member Data”), the specifications of which may change from time to time.  You represent to us that Member Data submitted to the LTCTT will, at all times, be current, accurate and complete, and you will immediately notify us in writing upon discovery of any errors associated with such materials.  Regular monthly submission of the specified Member Data is a condition to your ongoing use of the LTCTT and other features within the LTCTT.  Member organizations that fall behind in their submission of Member Data by more than 90 days may have their access suspended and/or terminated by AHCA.

5. AHCA does not claim any ownership rights in the Member Data submitted by a member organization.  Notwithstanding the foregoing, by uploading or submitting Member Data, you (on behalf of your organization) grant LTCTT the right to use Member Data for any purpose, including, without limitation, research, commercial or otherwise, in any media now known or later invented, in perpetuity, without any further notification, right of approval, or compensation being given to you (or your organization, as applicable).  This includes, without limitation, publishing Member Data in current and future LTCTT reports, conducting policy analysis and development initiatives in connection with the AHCA’s advocacy and lobbying efforts in the area of long term care, providing customer support and security, and sharing the Member Data with third party consultants for technical support and maintenance purposes.  If you wish to have your Member Data removed from LTCTT, you may request the removal by contacting us at help@ltctrendtracker.com.  Please note that removal of your Member Data from LTCTT may impact your ability to access LTCTT (including prohibiting your access unless and until you submit the specified Member Data). 

6. The LTCTT is the sole and exclusive property of AHCA and/or its licensors and is protected under the intellectual property laws of the United States, as well as any foreign laws, regulations and international treaties that apply. 

7. You may not alter, delete, obscure or conceal any copyright or other notices applicable to the LTCTT impair or attempt to circumvent or alter any digital rights management or other technology, nor use the LTCTT in violation of this Agreement or any laws or regulations.

8. You may not engage in any activity that:  could or does constitute criminal or tortuous activity or otherwise violates the law or the rights of another; is or could be defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented or explicit, threatening, harassing, or illegal or that infringes or violates another’s rights (e.g., intellectual property rights; rights of privacy or publicity); interferes with or disrupts the LTCTT, including any digital rights management, intellectual property, advertisements, promotions or security; or results in the dissemination of any software virus, program or code, file or material designed interrupt, disrupt, destroy or limit any features, functions or operations of our or anyone else’s equipment, programs, communication or other resources or facilities.

9. You are prohibited from submitting any Member Data, in the form of a posting or otherwise, on any portion of the LTCTT, which includes or discloses personally identifiable information, including patient-identifiable information.  We may, however, use and make available to other users and member organizations Member Data for research and general-informational purposes, as described above.  AHCA reserves the right, in its sole discretion, to require you and each of its other member organization, as applicable, to execute business associate agreements, if such instruments become necessary for AHCA’s compliance with applicable laws.  Your failure to enter into such agreement may result in AHCA suspending and/or terminating your access to the LTCTT.

10. The LTCTT is provided on an “as is” and “as available” basis.  All warranties, whether express or implied are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). 

11. We hereby disclaim any and all liability for harm resulting from downloading or accessing any LTCTT Content including, without limitation, harm caused by viruses, worms, Trojan horses or other harmful code, to the extent permissible pursuant to applicable law.  In addition, we disclaim any and all liability that may arise in connection with your use, submission or reliance upon Member Data.  We make no warranties that defects or errors in the LTCTT Content or Member Data will be corrected.  In addition, there are no third party beneficiaries hereto.  No advice or information, whether oral or written, obtained by you from AHCA or through or from the LTCTT shall create any warranty not expressly stated herein.  AHCA does not and cannot control the performance of third parties, or any possible impairment or disruption of its LTCTT caused by such third parties.

12. If you have a dispute with us or are dissatisfied with the LTCTT, termination of your use thereof is your sole right and exclusive remedy, even if that right or remedy is deemed to fail of its essential purpose.  You agree we have no other obligation, liability or responsibility to you or any other party arising from your use of the LTCTT.  Under no circumstances do we have any obligation to refund any monies you paid us.

13. The LTCTT may provide links to other Internet websites and/or resources.  Because AHCA has no control over such third-party websites and/or resources, you hereby acknowledge and agree that AHCA is not responsible for the availability of such third party websites and/or resources.  Furthermore, AHCA does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

YOU ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

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