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Terms and Conditions of Use
Terms & Conditions:
AMRITA, INC. POLICY OWNER USER AGREEMENT This Policy Owner User Agreement (the “Agreement”) is entered into between Amrita Financial, Inc., a California corporation (“Amrita”), and the individual or entity named below and a signatory hereto (“Policy Owner”). Amrita has developed an Internet-based online software system (the “System”) operated at www.AmritaFinancial.com (the “Amrita Web Site”) that provides a venue for buyers and sellers to communicate indications of interests to buy or sell in-force, non-variable life insurance policies (each, a “Policy”) and Policy Owner desires to become a Registered Policy Owner (as defined below) to participate in Settlement Events (as defined below) via the System. In consideration of Amrita permitting Policy Owner to use the System as a Registered Policy Owner and obtain the benefits thereof, Policy Owner and Amrita hereby agree as follows: 1. Policy Owner’s Compliance with System Agreements. Policy Owner desires to participate in Settlement Events (defined below) and agrees that its participation in any Settlement Event is conditioned upon Policy Owner’s acceptance and continued compliance with the Terms and Conditions of Use, Privacy Policy and other guidelines for use of the System provided by Amrita to the Policy Owner (collectively, this Agreement, the Terms and Conditions of Use, Privacy Policy and other requirements for use of the System provided by Amrita to the Policy Owner, the “System Agreements”). By participating in any Settlement Event, Policy Owner acknowledges that it has read and agrees to each of the System Agreements, as they may be amended from time to time. Policy Owner acknowledges and agrees that Amrita may, in its sole and absolute discretion, alter, amend, change, modify, repeal or supplement any of the System Agreements in the manner described in the applicable System Agreement or by posting a revised System Agreement or notice of repeal of a System Agreement on the Amrita Web Site. Unless otherwise stated on the Amrita Web Site, all amendments, supplements and repeals shall become effective and binding upon Policy Owner immediately upon posting notice thereof on the Amrita Web Site. 2. Password of Policy Owner, Authorized Users. In accordance with this Agreement, Policy Owner will register for access to the System by registering a unique user name and password through the Amrita Web Site (the “Policy Owner’s Amrita Password”). Policy Owner may designate up to [three (3)] authorized users each of whom must be over the age of eighteen (18) to access the System on behalf of Policy Owner (each, an “Authorized User”). Policy Owner shall cause all Authorized Users to comply with the provisions of the System Agreements. Policy Owner shall not disclose and shall not permit any Authorized User to disclose the Policy Owner’s Amrita Password to any person or entity, other than the Authorized Users. Policy Owner and Authorized Users shall not permit any person or entity, other than the Policy Owner and Authorized Users, to use Policy Owner’s Amrita Password or the System. A complete list of Policy Owner’s Authorized Users is included on Schedule A attached hereto and incorporated herein by reference. Policy Owner can add or remove Authorized Users by sending a written request to Amrita and Amrita shall respond to Policy Owner’s request within five (5) business days of receiving such written request. Policy Owner agrees with Amrita that Policy Owner shall be solely responsible for all activity conducted using the Policy Owner’s Amrita Password and shall notify Amrita immediately if Policy Owner’s Amrita Password is lost or stolen or has been, or reasonably could be expected to be, accessed or used by an unauthorized person or entity and that Amrita has no liability whatsoever to Policy Owner or any other person or entity for any unauthorized use of a Policy Owner’s Amrita Password. 3. Settlement Events. The System provides an on-line marketplace operated by Amrita that provides a venue for Registered Policy Owners (defined below) to (a) post information on the System regarding Policy that the Registered Policy Owner owns and seeks to sell in a Life Settlement Transaction (as defined below) to a viatical or life settlement provider registered with Amrita and authorized to engage in Settlement Events (“Registered Providers”) and (b) receive electronically through the System from Registered Providers indications of their interests to purchase a Policy in a transaction between Policy Owner and a Registered Provider to be completed off-line outside of the System ((a) and (b) collectively, a “Settlement Event”). “Registered Policy Owner” means a Policy Owner who has (i) satisfied all the conditions of Amrita’s registration process for a Policy Owner as determined by Amrita in its sole and absolute discretion, including without limitation, Policy Owner’s acceptance of the System Agreements and (ii) received from Amrita access to the System and remains at all times in compliance with the System Agreements. “Life Settlement Transaction” means the sale of a Policy which insures the life of an individual (an “Insured”) for an amount less than the death benefit payable under such Policy. 4. Policy Owner Provided Content and Information. Policy Owner grants Amrita and the life expectancy report providing companies listed on the Amrita Web Site (the “Registered LE Companies”) the right to use the content and information submitted by Policy Owner to Amrita (the “Policy Owner Content") in accordance with the Amrita Privacy Policy. Amrita and the Registered LE Companies are entitled to copy and store all data and information transmitted through the System by or to Policy Owner and to use such data and information to provide the services and functions of the System; provided, that such data and information will be treated as Confidential Information by Amrita in accordance with Section 5 below. Amrita may record and observe any and all transactions and activity on the System to assist Amrita in providing and maintaining the System; however, Amrita does not undertake any obligation to record or observe any or all transactions or activities. Amrita may use and disclose any such transactions and activity in an aggregated form that will not disclose the purchase price offered by Registered Providers or sales price officered by Policy Owners or violate applicable laws. 5. Confidentiality and Privacy Obligations. (a) Policy Owner acknowledges and agrees with Amrita that in the course of using the System, Registered Providers or Registered LE Companies may receive from Covered Entities and their Business Associates (as such terms are defined by the Health Insurance Portability and Accountability Act of 1996 and regulations promulgated thereunder (“HIPAA”)), confidential information regarding Insured that constitutes “protected health information” (“PHI”) under HIPAA. (b) Policy Owner further acknowledges and agrees with Amrita that in the course of using the System, Registered Providers or Registered LE Companies may receive through the System confidential nonpublic personally identifiable information regarding Policy Owner and/or the Insured that constitutes “Non-Public Personal Information” as such term is defined in the Gramm-Leach-Bliley Act of 1999 and state insurance laws or regulations enacted pursuant to GLBA, as each may be amended from time to time (“GLBA”), including without limitation, Policy Owner’s or Insured’s data and financial information (“NPI”). (c) Amrita may receive the information of the Policy Owner or Insured that such Policy Owner or Insured maintains as confidential including, but not limited to PHI and NPI (collectively, the “Confidential Information”). Confidential Information shall not include any information that (a) is known by a Amrita prior to receiving it from the other party; (b) is in the public domain or becomes generally known to the public by some action other than breach of this Section 5; (c) is received from a third party without obligation of confidentiality or in violation of any agreement or law; or (d) is independently developed by the receiving party. Amrita shall use the Confidential Information of Policy Owner or Insured only as permitted herein and as permitted or required under applicable law. 6. The System is a Online Venue for Indications of Interests to Buy and Sell Policies. The System is only a venue for Registered Policy Owners and Registered Providers to communicate indications of interests to buy or sell Policies. Policy Owner acknowledges and agrees with Amrita that (a) this Agreement is not a viatical or life settlement contract; (b) Amrita is not a party to, nor deemed to be a party to, any Life Settlement Transaction (including, without limitation, the underlying purchase and sale agreement for a Life Settlement Transaction) arranged or consummated between the Policy Owner and any Registered Providers or otherwise; (c) Amrita does not offer or attempt to negotiate viatical settlement transactions or Life Settlement Transactions; (d) Amrita is not an agent, subagent or representative of any Registered Policy Owner; (e) Amrita does not receive a fee, commission, or other consideration from Policy Owner; (f) Amrita is not a viatical or life settlement provider or an agent, subagent or representative of any Registered Provider; and (g) Amrita is not involved in any underlying Life Settlement Transactions that are arranged using the System for Settlement Events between the Policy Owner and any Registered Providers (including, without limitation, the underlying purchase and sale agreement for any Life Settlement Transaction) and such Life Settlement Transactions will be effected and consummated, if at all, by the Policy Owner and a Registered Provider outside the System in accordance with all applicable laws and regulations. As a result, Amrita has no control over, and disclaims and makes no representations or warranties, express or implied, regarding the benefits, income tax or other tax consequences, quality, safety or legality of any proposed Life Settlement Transaction, or of the sale of any Policy listed by the Policy Owner on the System or which is the subject of a Settlement Event, the truth or accuracy of the listings, the creditworthiness or ability of any Registered Provider to pay the amount owed for the purchase of a Policy from the Policy Owner in a Life Settlement Transaction. Amrita does not make any representations or warranties, express or implied, regarding (a) the number of providers who will become Registered Providers, (b) the number of Registered Providers who will actively participate in the System, or (c) whether any Registered Provider will express an interest in purchasing any Policy listed on the System by a Policy Owner. Amrita does not make any representations or warranties, express or implied, regarding whether any proposed Life Settlement Transaction arising from a Settlement Event will be effected or completed. Amrita does not transfer or effectuate the transfer of legal ownership of any Policy listed by the Policy Owner on the System or the beneficiary’s right to receive payment of the death benefit thereunder, if any, from the Policy Owner to a Registered Provider. Amrita makes no representations or warranties, express or implied, and assumes no responsibility or obligation to verify, the truth or accuracy of any of the information supplied to Amrita by the Policy Owner, any Registered Provider or any Registered LE Company and made available on the System or the viability or legality of any of the transactions arranged between the Policy Owner and any Registered Provider. 7. Compliance with Laws; Prevention of Fraud and Misrepresentation. Policy Owner shall at all times in using the System comply with all applicable laws and regulations applicable to its making of offers to sell or arranging the sale of any Policy in a Life Settlement Transaction. Through Policy Owner’s use of the System and Policy Owner shall not take any action or fail to take any action, directly or indirectly, that could mislead or defraud the insurance company that has issued any Policy or any Registered Provider in connection with any Life Settlement Transaction resulting from Policy Owner’s use of the System. If, at any time, Policy Owner becomes aware of any false, inaccurate, incomplete or misleading information obtained by Policy Owner from the System, provided by Policy Owner to the System or Amrita or obtained through Policy Owner’s use of the System pertaining to any Policy, Policy Owner shall immediately provide written notice thereof to Amrita. 8. Reservation of Rights. Amrita retains all the intellectual property and proprietary rights in and to all aspects of the System, including, without limitation, any related patent rights, copyrights, trade secrets, trade names, service marks, associated goodwill, moral rights, and any other similar rights or intangible assets recognized under any laws or international conventions. 9. Term of Agreement. This Agreement shall commence on the date accepted by Amrita as indicated below until terminated as provided herein. Either Policy Owner or Amrita may terminate this Agreement at any time upon ten (10) days advance written notice of termination provided to the other party; provided, that Amrita may terminate this Agreement immediately upon written notice if Policy Owner breaches any provision of this Agreement or any applicable law or regulation. Termination of this Agreement shall automatically terminate Policy Owner's right to access and use the System, its registration with Amrita. 10. Non-Circumvent. During the Exclusivity Period (as defined below), Policy Owner agrees that to the extent permitted under applicable law, Policy Owner shall not, directly or indirectly, offer to sell the Policy to, solicit any offers to purchase the Policy from, or arrange any viatical settlement transaction or life settlement transaction involving the Policy with (a) any Registered Provider, except pursuant to a transaction with a Registered Provider resulting from the Policy Owner’s submission of the Policy to the System and the Registered Provider submitting as part of a Settlement Event the highest price for an indication of interest to purchase the Policy, (b) any of the affiliates (as defined below) of any Registered Provider, or (c) any other person or entity. “Exclusivity Period” means the period commencing on the first date on which Policy Owner submits the Policy to the System and ending one (1) year from the date on which the Policy is removed or withdrawn from the System. 11. Policy Owner Compensation. (a) Sales Proceeds. Policy Owner shall be compensated for any completed Life Settlement Transaction involving a Policy that Policy Owner has submitted to the System in an amount determined in its agreement with the Registered Provider who submits the highest bid through the System for such Policy. (the “Purchasing Provider”) Policy sale proceeds due to Policy Owner from a Purchasing Provider shall be paid directly from the Purchasing Provider to the Policy Owner. Policy Owner does hereby release, discharge, and hold harmless Amrita and its affiliates (as defined below) and its shareholders, directors, officers, employees, and agents, from the payment of any sales proceeds or other compensation due to Policy Owner from any Purchasing Provider as a result of any completed Life Settlement Transaction involving a Policy that Policy Owner has submitted to the System. “Affiliate” means any natural person, association, partnership, limited liability company, joint venture, trust or corporation who directly or indirectly Controls (as defined below), is Controlled by , or is under common Control with Amrita. “Control” means the power to exercise a controlling influence over the management or policies of a person. (b) Policy Owner Fee. Within ten (10) business days after the Amrita’s receipt of the payment by such Purchasing Provider of the fee due from the such Purchasing Provider to Amrita under the terms of the Purchasing Provider’s agreement with Amrita (the “Provider Fee”), Amrita will remit a portion of such Provider Fee to the Policy Owner (the “Policy Owner Fee”) equal to a percentage of the Policy gross sales proceeds as described on the Amrita Web Site respective to such Purchasing Provider. 12. Life Expectancy Reports. Amrita shall be solely responsible for all costs associated with life expectancy reports ordered by Amrita from Registered LE Companies through the System (the “LE Reports”). 13. Release and Waiver. Policy Owner accepts and assumes all the risks of using the System, and Amrita shall not be responsible for any of the acts or omissions of any users on the System. Policy Owner acknowledges that because the System is merely a venue for others to conduct the negotiation of Life Settlement Transactions, in the event Policy Owner has a dispute with one or more users of the System, Policy Owner hereby releases Amrita and its affiliates (and each of their shareholders, directors, officers, agents, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Policy Owner waives any applicable laws (to the extent permitted by law) limiting the effect of the above release to claims known or suspected to exist at the time of making the release. Moreover, if Policy Owner is a resident of California, Policy Owner waives California Civil Code §1542 (and any laws of similar content which may be in effect in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” 14. Breach by Policy Owner. Without limiting any other remedies available to Amrita, Amrita may limit Policy Owner’s use of the System, issue a warning, temporarily suspend, indefinitely suspend or terminate Policy Owner’s status as a Registered Policy Owner and Policy Owner’s use of the System and refuse to provide access to Settlement Events to Policy Owner if: (a) Policy Owner breaches any provision of this Agreement; (b) Amrita is unable to verify or authenticate any information provided by Policy Owner to Amrita or any Registered Provider; or (c) Amrita believes that Policy Owner’s actions may affect use of or access to the System by others, cause any damage, liability, injury, loss or harm in any way to users of the System or Amrita. Policy Owner shall at all times cooperate and comply with all requests made by Amrita for the purpose of verifying Policy Owner’s compliance with the terms and conditions of this Agreement. Policy Owner understands that its failure to cooperate and comply in all respects with such requests may result in the immediate suspension or termination by Amrita of Policy Owner’s access and use of the System and its registration with Amrita. 15. No Warranties. AMRITA (A) PROVIDES THE SYSTEM AND ALL INFORMATION PROVIDED ON THE SYSTEM, INCLUDING THE LE REPORTS, “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY; AND (B) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AMRITA MAKES NO WARRANTIES ABOUT (I) THE ACCURACY, RELIABILITY, ACCESSIBILITY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION SUPPLIED BY ANY REGISTERED PROVIDER OR REGISTERED POLICY OWNER, USER OR OTHER THIRD PARTY; (II) WHETHER POLICY OWNER SHOULD ENTER INTO TRANSACTIONS WITH ANY REGISTERED PROVIDER AND THE ENFORCEABILITY OF ANY TRANSACTIONS OR OBLIGATIONS; (III) THE ACCURACY OF POSTINGS MADE ON THE SYSTEM BY ANY REGISTERED PROVIDER, REGISTERED POLICY OWNER, REGISTERED LE COMPANY, USER OR ANY THIRD PARTY; OR (IV) THE RESULTS THAT MAY BE OBTAINED BY USING THE SYSTEM. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to Policy Owner. Policy Owner may also have other legal rights that vary from state to state. 16. No Guaranty of Uninterrupted Service. AMRITA IN NO WAY GUARANTEES TIMELY, CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OR AVAILABILITY OF THE SYSTEM, AND OPERATION OF THE SYSTEM MAY BE INTERRUPTED (A) BY AMRITA OR THOSE UNDER ITS CONTROL IN AMRITA’S SOLE DISCRETION FOR MAINTENANCE, UPGRADES, OR SITUATIONS THAT AMRITA DEEMS PRESENT A RISK TO THE SYSTEM OR ANY USERS OF THE SYSTEM; OR (B) FACTORS OUTSIDE OF AMRITA’S CONTROL. 17. Limitation on Amrita’s Liability. IN NO EVENT SHALL AMRITA, ITS AFFILIATES, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, MULTIPLE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SYSTEM OR THIS AGREEMENT, WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF AMRITA, ITS AFFILIATES, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES TO POLICY OWNER AND ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED ONE THOUSAND DOLLARS ($1,000.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Policy Owner. 18. Indemnity by Policy Owner of Amrita. Policy Owner covenants and agrees with Amrita that Policy Owner shall reimburse and indemnify and hold Amrita and its affiliates, and any of their respective shareholders, directors, officers, employees, agents (the “Amrita Indemnified Parties”) harmless from, against and in respect of any and all actions, suits, claims, interest, penalties, proceedings, investigations, audits, demands, losses (direct or indirect), liabilities, damages, assessments, fines, judgments, costs and expenses (including, without limitation, reasonable attorneys’ fees) incurred by any of the Amrita Indemnified Parties that result from (a) any inaccuracy in or breach of any representations or warranties made by Policy Owner in the System Agreements or any other information furnished to the Amrita Indemnified Parties by or on behalf of Policy Owner; (b) any nonfulfillment of any covenant, duty or agreement of Policy Owner under the System Agreements or any of the agreements and instruments contemplated by any Life Settlement Transaction; (c) any violation by Policy Owner of any law or regulation or the rights of a third party; (d) any unauthorized use of Policy Owner’s Amrita Password; (e) any claims or litigation matters which relate or are due to the conduct of Policy Owner; (f) any claims made by a third party, including without limitation, Registered Providers, alleging facts which, if true, would entitle the Amrita Indemnified Parties to indemnification pursuant to (a) through (f) above; and (g) any fees or expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Amrita Indemnified Parties in enforcing their rights hereunder. 19. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 20. Notices. Except as explicitly stated otherwise, any notices required or permitted to be given hereunder by Policy Owner to Amrita shall be given by Policy Owner to Amrita by contacting Amrita as directed on the System (see “Contact Us” on Exchange) and to Policy Owner at the email address provided by Policy Owner to Amrita during Policy Owner’s registration process. Notice by Amrita to Policy Owner by email shall be deemed to constitute notice in writing and shall be deemed to be given twenty-four (24) hours after an email is sent. Alternatively, either party may give the other party notice by certified mail, postage prepaid and return receipt requested, to Amrita’s office address set forth below (for notice to Amrita) or to Policy Owner’s office address provided by Policy Owner to Amrita during Policy Owner’s registration process (for notice to Policy Owner). In such case, notice shall be deemed given three (3) days after the date of its mailing. 21. Resolution of Disputes. Each party hereto irrevocably waives its right to trial in any action brought hereunder. Any action, claim or controversy at law or equity that arises out of this Agreement, other than any action, claim or controversy arising under Section 5 or Section 10 of this Agreement, shall be resolved exclusively through binding arbitration administered by JAMS in San Diego County, California using a single arbitrator in accordance with JAMS’ applicable rules. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in the arbitration proceeding, as determined by the arbitrator, shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with such arbitration proceeding. 22. Governing Law and Consent to Jurisdiction and Venue. This Agreement shall be governed by, and enforced and construed in accordance with, in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents without giving effect to its conflicts or choice of laws principles, doctrines or rules. The exclusive venue for all actions, relating in any manner to this Agreement or use of the System, shall be in a federal or state court of competent jurisdiction in San Diego County, California. Each party hereby irrevocably consents and submits to the in personam jurisdiction of such courts, and to the extent permitted by law, hereby consents that all services of process may be made by any nationally recognized overnight courier, or by certified or registered mail, postage prepaid and return receipt requested. Each party irrevocably waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. A final judgment in any such action shall be conclusive and may be enforced in any other jurisdiction in any manner provided by law. 23. Severability. If any term, provision, clause or part of this Agreement or the application thereof is held invalid, void or unenforceable, the remainder of this Agreement, and all the other terms, provisions, clauses and parts hereof, shall not be affected thereby and will continue in full force and effect. 24. Assignment. This Agreement may be assigned by Amrita at any time without prior notice to or the approval of Policy Owner. Policy Owner may not assign this Agreement or any of its rights created hereunder, or delegate any of its duties or obligations created hereunder, to any other person or entity, in whole or in part without Policy Owner’s receipt of the prior written consent of Amrita. Subject to the foregoing restriction, any permitted assignment of this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. 25. Headings. Headings used herein are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 26. No Waiver. Amrita’s failure to act with respect to a breach by Policy Owner shall not be deemed to be or constitute a waiver of Amrita’s right to act with respect to subsequent or similar breaches by Policy Owner. 27. Entire Agreement; Modifications. The System Agreements (which includes this Agreement) sets forth the entire understanding and agreement between Policy Owner and Amrita with respect to the subject matter hereof. Amrita may modify this Agreement by giving prior notice of such changes to Policy Owner and those changes shall be effective as to Policy Owner’s participation in subsequent Settlement Events. 28. Force Majeure. Amrita shall not be liable for delay or failure in any of its performance hereunder due to causes beyond its reasonable control, including, but not limited to, an act of God, terrorism, war, natural disaster, governmental regulations, communication or utility failures or casualties or the failures or acts of third parties. 29. Policy Owner Representations and Warranties. Policy Owner represents and warrants to Amrita during the Term that (a) Policy Owner has all necessary rights and authority to enter into this Agreement and to grant all applicable rights; (b) Policy Owner’s performance of this Agreement shall not violate, conflict with, or result in a default under any other agreement, including confidentiality agreements to which Policy Owner is a party; (c) any application and other information submitted to Amrita by Policy Owner is true, accurate and correct; (d) any Policy Owner Content provided to Amrita for the System: (i) shall not infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other intellectual property right or proprietary rights of any third party; and (ii) shall not violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, unfair competition, anti-discrimination or false advertising). 30. Policy Owner Agreement Execution. This Agreement is a legally binding contract. Policy Owner agrees to be bound by this Agreement whether Policy Owner executes this Agreement manually or electronically. To execute this agreement manually, Policy Owner shall (a) print this Agreement, manually, (b) complete and sign the Policy Owner information and (c) the list of Policy Owner's Authorized Users, if any, on Schedule A and (d) submit the complete Agreement to Amrita by either email to [email address] or facsimile to [Fax number]. Policy Owner may also execute this agreement electronically by typing directly into this Agreement (a) the Policy Owner information; (b) the Policy Owner’s name on the line indicating “Policy Owner’s Signature” and (c) the list of Policy Owner’s Authorized Users, if any, on Schedule A and (d) submitting the completed Agreement to Amrita electronically through the Amrita Web Site. 31. Survival of Certain Sections. The Sections entitled “Confidentiality and Privacy Obligations,” “Reservation of Rights,” “Non-Circumvent,” “Release and Waiver,” “Limitation on Amrita’s Liability,” “Indemnity by Policy Owner of Amrita,” “Resolution of Disputes,” and “Governing Law and Jurisdiction” shall survive any termination or expiration of this Agreement.
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Terms & Conditions of Use
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