THE BURBANK GROUP
Terms of Use The Burbank Group offers for use certain proprietary, online, interactive computer programs (�Products�) related to the calculation of settlements and awards in personal injury and wrongful death actions, and more particularly, the valuation and competitive bidding of periodic future payments often referred to as structured settlements.
Access to the �Products� is generally controlled by Identification(ID�s) and Passwords issued by The Burbank Group to plaintiff�s attorneys, structured settlement brokers/advisors and/or insurers, referred to collectively as subscribers. A subset of �Products� referred to as �Simple Award Calculations� is offered free of charge to plaintiff's attorneys for the purpose of making valuation calculations. Access to this different class of �Products� is also generally controlled by Identification (ID�s) and Passwords issued by the Burbank Group to authorized users. A second subset of �Products� referred to as either �Summary ... Calculator� or '... Evaluator' is offered free of charge to assist in developing and valuing structured settlements or their elements. Access to this different class of �Products� is generally available without ID or password. A different class of �Products� referred to as �Demonstrations� is offered to familiarize potential subscribers with the operation of the �Products�.
Subscribers and business visitors receiving
and using ID's and passwords are referred to collectively as authorized users. 1. Limited Right to Use. This Web site is owned and operated by The Burbank Group. Unless otherwise specified, all Materials on this Web site are the property of The Burbank Group and are protected by copyright. By using issued identification and passwords or accessing programs whose access is not controlled by ID and/or password, users agree that access to �Products� is not meant to, nor does it, convey any right to or interest in the �Products� other than the right to use the �products� for their intended purpose and in accordance with the terms and conditions of use as stated below. More particularly, a. The business visitor agrees that its purpose in accessing the systems or requesting and/or using ID�s and Passwords is the evaluation of �Products� with a view to eventual subscription either in his/her capacity as an attorney or structured settlement broker/advisor or Insurer. The business visitor further agrees to limit use of the �Products� to that evaluation and to restrict access to any ID and Password to its employees and/or associates tasked with the evaluation. b. The subscribing broker/advisor agrees that it is responsible for security and control of ID and Password issued to it or its employees, and to restrict use of ID and Password to persons in their employ or to agents of their firm or company. c. The attorney in whose name ID and Password have been issued agrees that he/she is responsible for security and control of his/her ID and password, and to restrict use of ID and Password to persons in his/her employ or to agents of his/her firm. Authorized users are solely responsible for ensuring that ID�s and Passwords issued to them are secured and protected. The Burbank Group will only provide ID�s and Passwords by mail or e-mail addressed to the authorized users for whom they were issued. 2. Signing. Various of the �Products� contain facilities for signing bids, proposals, responses and acceptances. By using the ID�s and Passwords in connection with any of these facilities, the subscribing broker/advisor or insurer agrees to be bound by the terms of any quote, proposal, bid or bid response with which use is associated. By using the ID�s and Passwords in connection with any of these facilities, the attorney agrees to be bound by the terms of any acceptance with which use is associated in the same manner and to the same extent that affixing a signature to any acceptance would be binding. 3. Warranties and Access. The Burbank Group warrants to the subscribing user that the �Products� are generally fit for their purpose and when properly employed will yield reliable results, but it does not warrant that any or all the 'Products' are free of defects. Unless otherwise specified, the Burbank Group assumes no responsibility for accuracy, correctness, or content of the Materials provided on this Web site. User should not assume that the Materials on this Web site are continuously updated or otherwise contain current information. Aside from the warranty of fitness for use made to subscribing attorney and/or subscribing broker/advisor, the materials provided at this Web site are provided "as is" and any warranty (express or implied), condition, or other term of any kind, including without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement, or title is hereby excluded. The Burbank Group has contracted with an internet server to provide continuous availability to the �Products� offered on this site, but will not guarantee continuous unfettered access. 4. Use. Authorized users may operate the �Products� to which access is authorized and view or print output from the �Products�. Subscribers may utilize output, reports or files generated by the �Products� in any manner consistent with the purpose of achieving settlement in a case and in accordance with the purpose for which the individual �Product� was established. They may also transmit, copy, distribute or upload/download materials from this Web site for use in conjunction with the purpose of achieving settlement. Aside from these exceptions, no materials published by The Burbank Group on this Web site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from The Burbank Group. The use of any such Materials on any other Web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark, and other similar laws. 5. Links to Other Sites. The linked sites are not under the control of The Burbank Group and The Burbank Group is not responsible for the content of any linked site or any link contained in a linked site. The Burbank Group reserves the right to terminate any link or linking program at any time. The Burbank Group may provide links from this Web site to other sites as a convenience and in no way should this be interpreted as an endorsement of any company, content, or products to which it links. If a user decides to access any of the third party sites linked to this Web site, they do this entirely at their own risk. 6. Trademarks. The trademarks, service marks, and logos of The Burbank Group and others used in this Web site ("Trademarks") are the property of The Burbank Group and their respective owners. Users have no right to use any such Trademarks, and nothing contained in this Web site or the Terms of Use grants any right to use any Trademarks without the prior written permission of The Burbank Group or the respective owner. 7. Regional Information. Information that the Burbank Group publishes on this Web site may contain references or cross references to The Burbank Group products and services that are not announced or available in all countries, states or regions of the world. Such references do not imply that The Burbank Group intends to announce such products or services in any country, state or region in which they are not currently offered. 8. General. If a user has any questions regarding the Terms of Use for this Web site, please contact The Burbank Group at burbss@burbankgroup.com.
Contact Information
Copyright � 1998-2008 The Burbank Group
Structured Settlements:burbss@burbankgroup.com
Export Support:burbexport@burbankgroup.com
Webmaster: jgille@burbankgroup.com
Last modified: January 8, 2008