PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR ACCESSING ELIGIBILITY.TOOLS WEBSITE OR ANY CONTENT OR MATERIAL MADE ACCESSIBLE THROUGH ELIGIBILITY.TOOLS (COLLECTIVELY, “WEBSITES” or “WEBSITE” or "SOFTWARE"). BY USING OR ACCESSING ELIGIBILITY.TOOLS, YOU (COLLECTIVELY "COMPANY") AGREE TO THE TERMS HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE ELIGIBILITY.TOOLS. These terms apply only to ELIGIBILITY.TOOLS and are not the terms governing the purchase or use of other RITIKO LLC’s products or services.
The Website is maintained by RITIKO LLC. In order to provide information related to ELIGIBILITY.TOOLS products and services, RITIKO LLC does not make any representations or warranties about the Website. Use of the Website is at your own risk. RITIKO LLC may modify a Website or these terms without notice and at its sole discretion. All modifications are effective immediately after the change is made. Please review these terms each time you visit or access a Website to ensure that you are aware of any changes.
1. Licenses
RITIKO, LLC hereby grants to the Company, including the Company’s authorized users, a non-exclusive, non-sublicensable, non-assignable license to access and use the Software system solely for learning about ELIGIBILITY.TOOLS, ordering its products and services, using the ELIGIBILITY.TOOLS service or maintaining your customer account, according to these terms and policies.
2. Fees
Covid-19 Emergency. Fees may be suspended at the discretion of RITIKO LLC during the Covid-19 crisis. Companies with free accounts during the Covid-19 emergency may be forced to close at the discretion of RITIKO LLC. Companies will be charged $500 and have their accounts closed if abuse is detected and continues after repeated warning.
Fees for Paid Services. ELIGIBILITY.TOOLS is offered for a fee that is based on the enrolled plan. By using the service, you agree to pay the specified fees and fees associated with specific features, such as Recurring Payments. ELIGIBILITY.TOOLS charges recurring fees. For recurring fees, we’ll bill or charge you in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the support team.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of ELIGIBILITY.TOOLS. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
Payment. If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase a ELIGIBILITY.TOOLS annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase.
Cancelling Automatic Renewal. You can cancel your subscription at any time. Please contact the support team to cancel your account.
Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.
Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.
3. Proprietary Rights
RITIKO, LLC is the exclusive legal owner of ELIGIBILITY.TOOLS, including all Intellectual Property included in the ELIGIBILITY.TOOLS Service.
RITIKO, LLC will retain all interest in and to the Services, including all documentation, modifications, improvements, upgrades, derivative words, and all other Intellectual Property rights in connection with the Service, including RITIKO, LLC's name, logos. and trademarks reproduced through the Service.
4. Confidential Information (HIPPA Agreement)
RITIKO, LLC. agrees to keep “Protected Health Information” (“PHI”) as defined in 45 C.F.R. §164.501 of the Privacy Rules strictly confidential and shall not use or disclose PHI except as permitted herein or as required by law. RITIKO, LLC may use or disclose PHI as may be necessary for the performance of RITIKO LLC's obligations under this Agreement; provided that RITIKO, LLC. may not make use or disclose PHI that would not be permissible under the Privacy Rules as defined under the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), including the standards for privacy of individually identifiable health information set forth in 45 C.F.R. Parts 160 and 164, subparts A and E if made by the Company or would violate the minimum necessary policies and procedures of the Company.
RITIKO, LLC. may also use or disclose PHI for the proper management and administration of ELIGIBILITY.TOOLS or to carry out RITIKO, LLC's legal responsibilities, provided that RITIKO, LLC. shall only disclose PHI for such purposes if:
RITIKO, LLC. agrees that it shall request from Company and disclose to third parties, only the minimum PHI necessary to perform a specific function for or on behalf of Company. RITIKO, LLC. shall maintain reasonable safeguard and take such steps as are reasonably necessary to prevent the unauthorized use, dissemination of or access to PHI and agrees to promptly report to Company any unauthorized use or disclosure of PHI of which RITIKO, LLC. becomes aware. RITIKO, LLC. shall ensure that its employees and agents who have access to PHI for the purpose of this Agreement are informed of RITIKO, LLC. obligations hereunder and that any such employees and agents of RITIKO, LLC agree in writing to implement reasonable and appropriate safeguards to protect PHI and adhere to the same restrictions and conditions applicable to RITIKO, LLC. under this Agreement.
RITIKO, LLC. shall upon the Company’s request or upon termination of the Agreement, return to the Company or destroy, as directed by the Company, all PHI and all copies and reproduction there of maintained by RITIKO, LLC. or its agents, and shall retain no copies of such information, unless the parties agree that such destruction or return is not feasible, in which case the parties shall agree to continue to extend the protection of this Agreement to the PHI and to limit RITIKO, LLC. further use or disclosure of such information to those purposes that make its return or destruction infeasible for so long as RITIKO, LLC. maintains such PHI.
RITIKO, LLC. shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the electronic PHI it creates, receives, maintains or transmits on behalf of the Company, as required under HIPAA Security Regulations set forth in 45 C.F.R. Part 164 and will require its agents to whom It provides electronic PHI, to implement reasonable and appropriate safeguards to protect PHI.
Should RITIKO, LLC. breach any of its obligations under this section, the Company shall have the right to terminate the Agreement upon thirty (30) days written notice to RITIKO, LLC, provided, however, if such breach is remedied by RITIKO, LLC. to the reasonable satisfaction of Company during said thirty (30) day period, this Agreement shall not terminate. The provisions of this Agreement shall survive termination of the Agreement with respect to any PHI retained by RITIKO, LLC following termination.
5. No Warranty
RITIKO LLC does not guarantee that the Service will be error-free, virus-free, or uninterrupted. RITIKO LLC will not be liable for any unauthorized alteration, theft, or destruction of any of the Customer's data.
ELIGIBILITY.TOOLS Is Provided On An "AS-IS" And "AS-AVAILABLE" Basis. RITIKO LLC expressly disclaims all warranties of any kind whatsoever, whether express or implied with regards to ELIGIBILITY.TOOLS and any content, technologies, data or information available through ELIGIBILITY.TOOLS, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. RITIKO LLC disclaims all warranties that:
Any content accessed, downloaded or otherwise obtained on or through the use of ELIGIBILITY.TOOLS is used at your own discretion and risk. you are responsible for backing up your own data and content, including any third party content related to your use of ELIGIBILITY.TOOLS or related services. RITIKO LLC shall have no responsibility or liability for any damage or loss to any data or content or damage or loss to your computer systems or loss of data, including but not limited to a loss that results from the download, use or unavailability of any applications or content. RITIKO LLC reserves the right to discontinue and/or make changes to, update and monitor the use of ELIGIBILITY.TOOLS without notice. Nothing on a Website constitutes a warranty on RITIKO LLC’s products or services.
6. Waiver of Liability
You waive all liability of RITIKO LLC related to ELIGIBILITY.TOOLS, even if RITIKO LLC is aware of the possibility of liability.
7. Indemnity
You agree to indemnify and hold RITIKO LLC harmless against any damages, costs, fees, and expenses (including reasonable attorney fees) related to a third party claim related to your use of the websites, including your use of a link on a website or your submission of information or content through the website.
8. Minimum Age Requirement
You must be at least 18 years old to use ELIGIBILITY.TOOLS.
9. Entire Agreement
These terms along with any terms incorporated by reference represent the entire and final agreement between the parties regarding the subject matter, and supersede all prior or contemporaneous agreements, whether written or oral.
10. Governing Law
This Agreement shall be governed by, and constructed and interpreted in accordance with, the laws of the State of Massachusetts without regard to such State’s principles of conflict of laws. The parties irrevocably and unconditionally agree that the exclusive place of jurisdiction for any action, suit or proceeding (“Actions”) relating to this Agreement shall be in the courts of the United States of America sitting in the District of Massachusetts or, if such courts shall not have jurisdiction over the subject matter thereof, in the courts of the State of Massachusetts siting therein, and each such party hereby irrevocably and unconditionally agrees to submit to the jurisdiction of such courts for purposes of any such Action brought in such courts or to the convenience of the forum.
11. Other Ritiko's Terms and Conditions
These terms are separate from other terms and conditions that apply to other RITIKO LLC's products and services. The terms and conditions applicable to each specific product and service offerings will be made available when you register to use those offerings.