Agency Benefits Coach

IMPORTANT!
If you own or are an associate of a multi-location insurance agency, you cannot subscribe to Agency Benefits Coach on-line. Please immediately contact:

Jim Lee, CLU, ChFC, AEP, RHU, REBC
Toll Free: 866.764.5240
jim@agencybenefitscoach.com

for our special agreement for agents/agencies with multiple office locations.

No agent or agency domiciled in Indiana is eligible to purchase this system.

TERMS OF CONTRACT (you must accept the contract in order to subscribe)

AGENCY BENEFITS COACH "CLICK-WRAP" END USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY:  This End-User License Agreement ("Agreement") is a legal contract between you (either an individual or a single business entity operating out of one office hereinafter referred to as "you" or "Licensee") and Lee Enterprises of Lakeland, Inc. doing business as AGENCY BENEFITS COACH (hereinafter referred to as "Licensor") for Licensor's products (Tools) identified herein, which include documents, forms and materials for use in the insurance industry and, as applicable, associated media and "online" or electronic documentation of same (the "Licensed Materials").

BY CLICKING THE [YES] OR [NO] BUTTON BELOW, OR BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE USING THE LICENSED MATERIALS, LICENSEE AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF LICENSEE DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, LICENSEE SHOULD NOT DOWNLOAD, COPY OR USE ANY OF THE LICENSED MATERIALS.

No agent or agency domiciled in Indiana is eligible to purchase this system.

LICENSE GRANT AND TERMS

License Grant.  These Licensed Materials are licensed, not sold, to you, on a non-exclusive, non-transferable basis.  Following acceptance of this Agreement, and payment of the required License Fees to Licensor, you may download, execute, and use copies of each of the Licensed Materials for your own personal, individual or  business use only.

Use on a PC.  You may download a copy of each of the Licensed Materials on one hard disk or other storage device for one office location, and may access and use the Licensed Materials at that location, including making an unlimited number of copies for use in your business.  If you are a private business rather than an individual, you may authorize the personnel associated with your business to use the Licensed Materials, but only in connection with your business.

Use on a Network.  You may store, download and access versions of the Licensed Materials through your network, provided that all use remains within your company.  In no event may you distribute or make the Licensed Materials available on a "bulletin board" or other remote business arrangement.

License Fees.  The license fees paid by you are paid in consideration of the license granted under this Agreement.  NO REFUNDS will be given once you have downloaded any of the Licensed Materials.

Term.  This License Agreement is effective upon your clicking the [YES] or [NO] icon and shall continue for one (1) year thereafter (the "Term").  You may terminate this Agreement (without a refund) at any time prior to the expiration of the Term by returning the Licensed Materials and all copies thereof and extracts therefrom to Licensor.  Licensor may terminate this License Agreement upon the breach by you of any term hereof.  In such event, you agree to destroy all copies of the Licensed Materials and all of its component parts, or if requested by Licensor, return to Licensor the Licensed Materials and all copies and portions thereof.  You may not transfer your rights under this Agreement, without Licensor's prior written consent.

Licensee's Use.  You may not rent, lease, license, sublicense, sell, transfer, reverse engineer, decompile, translate, reformat, disassemble or otherwise attempt to discover the source code or underlying ideas, sequence, structural organization or algorithms of Licensor's website or the Licensed Materials, or create derivative works of the Licensed Materials, other than for your own personal permitted use.  Derivative works that you may create containing data from the Licensed Materials are subject to this License and you acknowledge, and will cause your employees and agents to acknowledge, that Licensor will own all rights in any copy, translation, modification, or adaptation of such Derivative Works.  The restrictions of this paragraph shall survive the expiration or sooner termination of this Agreement.

Support Services.  Licensor may provide you with support services related to the Licensed Materials ("Support Services").  Use of Support Services is governed by Licensor policies and programs described in "online" documentation and/or in other Licensor-provided materials.  Any supplemental Licensed Materials provided to you as part of the Support Services shall be considered part of the Licensed Materials and subject to the terms and conditions of this Agreement.  With respect to technical information you provide to Licensor as part of the acceptance and use of your license of the Licensed Materials or in connection with the Support Services, Licensor may use such information for its business purposes, including for product support and development.

PROPRIETARY RIGHTS
	
Licensor's Rights.  You acknowledge and agree that the Licensed Materials  are a proprietary product of Licensor protected by U.S. Copyright laws.  You further acknowledge and agree that all right, title, and interest in and to the Licensed Materials, including associated intellectual property rights, are and shall remain with Licensor.  This License Agreement does not convey to you an interest in or to the Licensed Materials or any programs related thereto, but only a limited right of use revocable in accordance with the terms of this Agreement.

Copyright.  All title and copyrights in and to the Licensed Materials (including, without limitation, any images, photographs, charts, graphs, tables, animations, video, audio, music, text, and applets incorporated into the Licensed Materials), the accompanying media and printed materials, and any copies of Licensor's website or the Licensed Materials are owned by Licensor or its suppliers. The Licensed Materials are protected by copyright laws and international treaty provisions.  Therefore, you must treat the Licensed Materials like any other copyrighted material, subject to the provisions of this Agreement.

Trademark. "AGENCY BENEFITS COACH" is a trademark of Licensor.  No right, license, or interest in such trademark is granted hereunder; and you agree that no right, license, or interest shall be asserted by you with respect to such trademark.

Submissions.  Should you decide to transmit to Licensor's website by any means or by any media any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and shall be deemed non-confidential, and you automatically grant Licensor and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.

DISCLAIMER OF WARRANTY

THE LICENSED MATERIALS AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS."  LICENSOR AND ITS SUPPLIERS DO NOT WARRANT OR GUARANTEE THE PERFORMANCE OR RESULTS LICENSEE MAY OBTAIN BY USING THE LICENSED MATERIALS OR SUCH FILES.  LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE, INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, CURRENTNESS, RELIABILITY, OR OTHERWISE.  Some states or jurisdictions do not allow the exclusion of implied warranties so the above limitations may not apply to you.

Good data processing procedures dictate that any downloadable materials be thoroughly tested with non critical data before relying on them.  The user must assume the entire risk of using the Licensed Materials.  IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO LICENSEE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, RELIANCE, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF A LICENSOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN ALL EVENTS, LICENSOR'S LIABILITY FOR ANY DAMAGES, HOWEVER DESCRIBED, SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU.  Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply to you.

MISCELLANEOUS

No Joint Venture.  The parties hereto shall not act, or be deemed to act, as agents or partners of the other, nor be deemed to be acting in any joint venture under this Agreement.  Neither party is authorized to represent the other or otherwise bind the other in any dealings with third parties.

Governing Law.  This Agreement shall be governed by the laws of the State of Florida and the copyright and trademark laws of the United States.

Costs of Litigation.  If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys' fees and expenses of litigation.

Severability.  Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

No Waiver.  The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
									
CLICK TO PROCEED:    [YES]

CLICK TO REJECT:    [NO]

(Note that if you click "NO," you may NOT download any Licensed Materials.)

I have read and I accept this Agreement: YES NO Signed by:

ALTERNATIVE TYPES OF PAYMENT (select one)

One time Payment $2,995

$800/month for
4 months

$340/month for 10 months

One time Payment $2,995