User Agreement, Educational Disclaimer, Assumption of Risk, and Limited Release

MA Casualty Test Prep Support · Version 2026-09-24.3
Operator: Jim Tanner and Associates LLC
Effective for you when you affirmatively accept this version.

1. Parties, acceptance, and scope

This Agreement is between you and Jim Tanner and Associates LLC (the “Company,” “we,” “us,” or “our”). “Service” means the MA Casualty Test Prep Support website and study software, including accounts, lessons, illustrations, vocabulary, practice questions, answer explanations, simulations, games, multiplayer rooms, scores, progress reports, downloadable materials, local opportunity information, questions and answers, and related support provided through the Service. Access to this study software is free. Any separate live class, product, or event is outside this free software-access arrangement and may have its own terms, disclosed separately.

You accept by selecting the required unchecked acknowledgments and activating the acceptance button while signed in to your account. Creating an account, receiving an email, visiting a page, or having accepted an earlier version does not by itself constitute acceptance of a new version. Your acceptance applies to your subsequent use of the Service under this version; it is not a retroactive release of claims that accrued before acceptance. If you decline, you may leave the Service and contact us about your account.

“Protected Parties” means the Company; Jim Tanner individually; and the Company's owners, members, managers, officers, employees, instructors, volunteers, authorized agents, contractors, content contributors, licensors, hosting providers, and technology service providers, but only to the extent of their involvement in providing or supporting this Service. This definition does not represent that every listed category is currently involved. It does not make an examination administrator, regulator, or unaffiliated business a party to this Agreement merely because we mention or link to it.

2. Adult users and account responsibility

The study software is intended for users who are at least 18 years old and have legal capacity to agree. By accepting, you confirm both. Do not create or use an account for a child or accept on another person's behalf. If you lack legal capacity to accept, contact us before using the Service.

Provide accurate account information, keep your password private, use your own account, and tell us promptly if you believe someone has accessed it without authorization. Do not impersonate another user, transfer your account, or misrepresent qualifications or licensing status. You are responsible for activity you authorize and for reasonable care of your login information. This provision does not make you automatically responsible for a security incident caused by a Protected Party or for conduct that applicable law does not permit us to attribute to you.

3. Independent, supplemental, and unverified educational resource

The Service is meant to help users study and practice. It is not an official licensing program, approved prelicensing course, continuing-education course, professional certification, or substitute for required instruction. Participation, game achievement, a displayed completion message, or a practice score does not satisfy any legal training or licensing requirement and does not confer a credential.

The Service is not an official product of, and is not presented as approved or endorsed by, the Commonwealth of Massachusetts, Massachusetts Division of Insurance, Pearson or Pearson VUE, Prometric, NIPR, NAIC, LegalShield, IDShield, or any other regulator, examination administrator, insurer, professional body, or test-preparation organization. Jim Tanner or other contributors may separately be independent LegalShield associates; that relationship does not make this Service an official LegalShield or IDShield resource.

Neither the overall question bank nor every individual statement, answer, explanation, illustration, simulation setting, or local guidance item has been independently verified by a testing or test-preparation organization. Review by the Company, an instructor, another user, or a software tool does not establish such verification. A citation, link, revision date, or reference to an official source identifies supporting material; it does not certify the accuracy or completeness of our interpretation or imply that the source reviewed this Service.

Materials may be drafted, summarized, adapted, illustrated, or assisted by automated software or artificial intelligence. Human and automated work can contain errors, invented or unsupported assertions, confusing wording, omissions, and outdated information. AI-assisted features, if made available, are subject to these same limitations. Do not treat a confident answer, polished presentation, or repeated answer as proof of correctness.

4. No guarantees, promises of results, or exam equivalence

WE DO NOT GUARANTEE OR PROMISE THAT YOU WILL PASS AN EXAMINATION, QUALIFY FOR OR OBTAIN A LICENSE, IMPROVE A SCORE, MASTER A SUBJECT, FINISH BY A PARTICULAR DATE, OBTAIN EMPLOYMENT, SELL A PRODUCT, RECRUIT AN ASSOCIATE, EARN INCOME, OR RECEIVE ANY OTHER PARTICULAR BENEFIT. Results depend on many factors outside our control, including your preparation, judgment, experience, the official examination, and changing requirements.

Practice questions are educational exercises, not a representation that you will encounter those questions on a real examination. We do not claim access to confidential examination items, and you must not provide them. Simulations approximate selected aspects of an examination; question counts, weighting, time limits, instructions, navigation, accessibility features, scoring, passing standards, and testing-center procedures may differ. A percentage shown here is not necessarily the scaled score used by an official examination provider.

Hints, repeated attempts, disabled wrong answers, game rewards, streaks, badges, rankings, completion indicators, and suggested review topics are learning or engagement features. They do not establish independent mastery, official readiness, professional competence, eligibility, or authorization to sell or advise. “Correct” within an exercise means correct according to that exercise's stored answer; the stored answer itself can be wrong. Testimonials and another person's success do not promise your results.

Statements such as “prepare,” “support,” “build confidence,” or “practice the experience” describe the intended educational use. They are not contractual promises of accuracy, suitability, readiness, or an outcome. Nothing in this Agreement authorizes misleading advertising or negates a specific obligation or remedy that the law does not permit us to disclaim.

5. Your obligation to verify important information

Before scheduling, paying for, or taking an examination, applying for a license, enrolling someone in a product, making a business representation, or acting on a legal or insurance issue, verify the applicable facts directly with the appropriate current official source. These may include the Massachusetts Division of Insurance, the current examination administrator, the licensing authority for the relevant state, an insurer or product provider, or a qualified professional.

Requirements and interpretations can change without our knowledge. Confirm deadlines, fees, eligibility, accommodations, identification requirements, exam format and duration, passing standards, retake rules, permitted sales activities, product availability, compensation rules, and continuing-education obligations yourself. If this Service conflicts with an authoritative current source, do not rely on this Service to resolve the conflict. Ask the relevant authority or qualified adviser. We do not undertake to monitor every change or alert each user to every correction.

Use the Service as one supplemental learning aid. You decide how much preparation you need, which resources to use, whether to take an examination, and what business or personal action to take. You remain responsible for complying with applicable law and your separate agreements.

6. No professional advice or professional relationship

The Service supplies general educational information. It does not provide individualized legal, insurance-coverage, tax, accounting, financial, investment, medical, cybersecurity, or regulatory advice. Access, messages, questions, or answers do not create an attorney-client, fiduciary, insurer-insured, employer-employee, partnership, agency, or professional-adviser relationship.

Hypothetical examples simplify facts and may omit exceptions, exclusions, conditions, policy language, jurisdictional differences, or recent changes. Actual coverage and legal obligations depend on the governing documents, facts, and law. Do not use an illustration, answer, or informal instructor comment to decide an actual claim, dispute, legal deadline, sale, or client's rights. Obtain appropriate professional advice.

Local LegalShield or IDShield opportunity information is independent educational commentary, not an official company compliance ruling, legal opinion, promise of compensation, or modification of an associate agreement or product contract. Confirm current company rules and state requirements directly before acting. This section applies even when an answer is attributed to an experienced associate or marked as reviewed.

7. Permitted use, content, and examination integrity

While you comply with this Agreement, we grant a limited, personal, nonexclusive, nontransferable, revocable permission to use the Service for your own lawful study. You may save or print this Agreement and materials expressly offered for personal download. Other rights remain with the Company or the applicable content owner. References to trademarks do not transfer ownership or imply sponsorship.

Do not resell or redistribute protected course content, publish answer banks, remove attribution, copy the software for commercial use, share access credentials, bypass access controls, extract other users' information, introduce malicious software, overwhelm the Service, manipulate scores, or interfere with another person's access. These restrictions do not prohibit activities expressly protected by applicable law.

Do not upload, request, disclose, or trade confidential official exam questions, stolen materials, or content that violates another person's copyright, privacy, or contractual rights. Do not use the Service to cheat on a live examination or claim official licensing or certification based on results shown here. We may remove content or restrict access where reasonably necessary to address misuse or legal obligations.

8. Games, rooms, and interactions with other users

Game rooms and competitive activities are for learning and recreation. Points, badges, rankings, and virtual rewards have no cash value and are not wages, compensation, licensing credit, or a promised prize. No gambling or wagering is permitted. Results may be affected by network latency, interruptions, software errors, differences in accessibility needs, participant behavior, or the accuracy of the underlying question bank.

Participants in a shared room may see the nickname, participation, answers, or scores the game displays. A room code is an invitation mechanism, not a promise of confidentiality; anyone with whom an authorized user shares a code may be able to join under the room's rules. Use an appropriate nickname and avoid placing private information in it. Be respectful; harassment, threats, discrimination, impersonation, scams, and unwanted solicitation are prohibited.

Other users' statements and actions are their own. We do not guarantee their identity, expertise, honesty, availability, or conduct, and do not undertake to continuously monitor every interaction. Report concerns to the contact address below. You may leave a room or stop participating. This section does not excuse duties or liability that cannot lawfully be disclaimed.

9. Questions, submissions, and information handling

Submit only material you have the right to provide. Do not include passwords, government identification numbers, payment-card details, confidential client information, confidential exam items, or another person's sensitive personal information. The questions feature is not a confidential professional-advice channel and does not create a privileged relationship. We do not promise an answer, a response deadline, or ongoing individual coaching.

You retain any rights you have in your original submissions. You grant us a nonexclusive permission to store, reproduce, format, and review them to operate the Service, answer your question, provide support, address misuse, and comply with law. We may use service providers for those purposes. This permission does not authorize us to publish a private question with your identity for advertising or unrelated public use without a separate lawful basis or your permission.

The Service records account information, study activity, attempts and answers, progress, game activity, questions, and agreement acceptance. Authorized administrators may review learning activity to provide support and operate the Service. Shared games display the information described in Section 8. Operational providers may process information needed to host, secure, maintain, or deliver the Service. Your agreement acceptance record includes your account identity, the time, the version and exact copy accepted, and acknowledgment wording. Relevant records may be retained as reasonably needed to operate accounts, comply with law, resolve disputes, and establish the terms accepted, subject to applicable privacy rights.

Any privacy notice specifically presented for this Service supplements these disclosures. Acceptance of this Agreement is not consent to unrestricted data use, a waiver of applicable privacy rights, or an enrollment in optional marketing. Use the contact address below for account, access, correction, deletion, or privacy requests. We will address requests under applicable law; some records may need to be retained where legally permitted or required.

10. Technical limitations and assumption of ordinary study risks

You voluntarily choose to use a supplemental, unverified learning tool with known limitations. Ordinary risks include learning an incorrect or incomplete explanation, spending time on material that is not examined, encountering an inaccurate answer key or timer, overestimating readiness, losing access or saved work, experiencing an interrupted session, receiving no response to a question, or finding that a referenced resource changed or disappeared. Those risks can lead to wasted study time, examination or retake fees, licensing delays, lost opportunities, or other losses.

To the extent permitted by law, you accept those ordinary risks and agree to exercise your own judgment and verify consequential information. The Service may contain bugs or become unavailable through maintenance, outages, device or network problems, malicious activity, or events beyond reasonable control. We do not promise uninterrupted availability, permanent storage, complete security, preservation of every answer, restoration of lost progress, or compatibility with every device. Keep copies of records you need and allow time for alternative preparation.

This assumption of ordinary risks does not include consent to fraud, intentional misconduct, gross negligence, recklessness, or the violation of rights that cannot lawfully be waived. It does not excuse compliance with applicable accessibility, privacy, security, consumer-protection, or other mandatory obligations.

11. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXAM ALIGNMENT, OR SUCCESSFUL RESULTS. No general study recommendation, response, illustration, description, or support message creates an additional warranty.

Some jurisdictions do not permit particular warranty exclusions. A warranty that cannot lawfully be excluded remains in effect to the extent required by law. These disclaimers do not override a separately stated, legally binding express promise, mandatory refund right, or other nonwaivable protection.

12. Limited release and agreement to hold harmless

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE AND AGREE TO HOLD THE PROTECTED PARTIES HARMLESS FROM CLAIMS FOR YOUR OWN LOSSES ARISING FROM YOUR VOLUNTARY USE OF OR RELIANCE ON THE SERVICE AFTER ACCEPTANCE, INCLUDING CLAIMS BASED ON A PROTECTED PARTY'S ORDINARY NEGLIGENCE IN CREATING, SELECTING, CHECKING, EXPLAINING, UPDATING, PRESENTING, OR OPERATING THE SERVICE. This limited release includes legally waivable claims arising from inaccurate or outdated educational information, mistaken answer keys or feedback, imperfect simulations, lost study progress, ordinary technical failures, unsuccessful examination attempts, licensing delays, and decisions you make in reliance on the Service.

This is an express release of certain ordinary-negligence claims, not a release of every possible claim. It does not cover fraud, intentional or willful misconduct, gross negligence, recklessness, a breach of an obligation that cannot lawfully be released, or any claim or remedy that applicable law prohibits releasing. It does not release another person's independent rights, claims predating your acceptance, or liability for personal injury or other loss where that liability cannot lawfully be waived. Section 14 applies to every part of this release.

13. Limits on damages and indemnification

Excluded damages. To the extent permitted by law, the Protected Parties will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from the Service, including lost profits, earnings, business opportunities, goodwill, anticipated savings, or data, even if advised that such loss is possible. A loss is not automatically excluded merely because it is listed here if the law requires otherwise.

Exclusion of financial liability for legally waivable claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT IN EVERY CASE TO SECTION 14, THE PROTECTED PARTIES DISCLAIM FINANCIAL LIABILITY FOR CLAIMS ARISING FROM YOUR VOLUNTARY USE OF OR RELIANCE ON THIS FREE SERVICE, INCLUDING DIRECT DAMAGES AND CLAIMS BASED ON ORDINARY NEGLIGENCE, AND YOU AGREE TO WAIVE RECOVERY OF MONETARY DAMAGES FOR THOSE LEGALLY WAIVABLE CLAIMS. This provision does not establish a compensation fund, promise any payment, or authorize any charge. It does not exclude any liability, damages, or remedy that the law prohibits excluding. If an exclusion cannot lawfully be enforced, the rights and remedies required by applicable law remain available.

Third-party claims caused by your conduct. To the extent permitted by law, you will indemnify and hold the Protected Parties harmless from reasonable, documented losses, liabilities, and reasonable legal expenses arising from a third-party claim to the extent caused by your unlawful use of the Service, material breach of this Agreement, intentional misconduct, or infringement of another person's rights through material you submit. This obligation does not require you to pay for a Protected Party's own negligence or wrongdoing, and does not shift liability that applicable law prohibits shifting.

We must give reasonably prompt notice of a claim for which indemnification is sought and reasonably cooperate, subject to legitimate confidentiality and security needs. A failure to give prompt notice relieves your obligation to the extent it materially prejudices your defense. We may participate with our own counsel at our expense unless otherwise lawfully agreed. Neither side may settle a claim in a way that admits fault by, imposes nonmonetary obligations on, or fails to release the other without that party's written consent, which will not be unreasonably withheld.

14. Rights and liabilities that remain protected

Nothing in this Agreement excludes, releases, restricts, or shifts liability or a right or remedy to the extent doing so is prohibited by applicable law. This includes nonwaivable consumer rights and remedies under Massachusetts General Laws Chapter 93A or other applicable consumer-protection laws, as well as nonwaivable privacy, accessibility, statutory, and other rights. The exclusions, release, assumption of risk, and indemnification provisions do not apply to fraud, willful or intentional misconduct, gross negligence, or recklessness by the party seeking protection.

You may report concerns to a regulator, cooperate with an investigation, provide truthful reviews, or exercise rights that the law protects. This Agreement does not impose a nondisparagement obligation, require confidential treatment of unlawful conduct, require arbitration, waive a jury trial, impose a class-action waiver, or shorten a statutory claim-filing period. A court may determine the validity and scope of any provision. If a provision cannot be enforced, Section 19 governs.

15. External services and links

Links and references are provided for convenience. Third-party websites, examination administrators, licensing agencies, products, payment services, and external software operate under their own terms. Their availability, content, security, charges, and decisions are outside our control. A link is not a guarantee or endorsement. You are responsible for reviewing the third party's current requirements before using its service or paying it. The Company cannot issue a license, change an examination score, compel admission to an exam, or refund a fee collected by another organization.

16. Free access and changes to the Service

Access to this study software is provided free of charge. No purchase, subscription, payment method, or recurring billing is required for access, and accepting this Agreement does not authorize any charge. Free access does not waive mandatory consumer or other legal rights. Examination administrators, licensing authorities, or other third parties may charge their own fees; those fees are separate from this free Service.

We may revise, add, remove, limit, suspend, or discontinue features or content, subject to applicable law. We do not promise that a specific question bank, game, feature, account arrangement, or support offering will remain available indefinitely. When legally required, we will provide notice and applicable remedies. A change in content does not itself certify that earlier or remaining content is accurate.

17. Suspension, termination, and stopping use

You may stop using the Service at any time and contact us to request account closure. We may suspend or terminate access for a material breach, misuse, security concern, legal requirement, or discontinuation of the Service, subject to applicable law. Where reasonable and appropriate, we may provide an explanation or an opportunity to correct a problem; urgent security, safety, or legal circumstances may require immediate action.

Stopping use or closing an account does not erase obligations lawfully arising while this Agreement applied. Provisions that by their nature apply after termination—including intellectual-property rights, limited submission permissions needed for lawful record retention, disclaimers, the limited release, liability limits, indemnification, dispute provisions, and preserved rights—survive only to the extent lawful and relevant. Mandatory deletion and other privacy rights remain in effect.

18. Updated agreements, disputes, and governing law

If we revise this Agreement, we will identify the new version and require affirmative acceptance before you resume protected study features under that version. We will not treat silence, a prechecked box, or continued browsing as acceptance of a material revision. A revised agreement applies prospectively after acceptance, except to the extent the parties separately and lawfully agree otherwise. You may save the current agreement and access the copy recorded with your acceptance.

Massachusetts law governs this Agreement and disputes relating to the Service, without applying conflict-of-law rules to deprive a consumer of mandatory protections of another jurisdiction. Unless applicable law requires or permits a different forum that cannot be waived, disputes may be brought in a state or federal court of competent jurisdiction in Massachusetts. Nothing here prevents use of an available small-claims court or a legally protected consumer forum. There is no mandatory arbitration requirement.

You are encouraged to contact us first so we can try to resolve a concern. Informal contact is not a contractual prerequisite to filing a claim, does not toll a deadline unless law or a written agreement provides otherwise, and does not replace any notice or demand procedure imposed by applicable law.

19. General terms and contact

This Agreement governs use of this Service together with any separate terms specifically presented and affirmatively accepted for a particular offering. It does not modify official licensing requirements, a third-party product contract, or an associate agreement. No informal statement can expand a release or reduce a nonwaivable right.

If a provision is held unenforceable, it will be limited only to the extent a court may lawfully do so; otherwise it will be severed, and the remaining provisions will continue where lawful. A failure to enforce a provision once is not a waiver of future enforcement. You may not transfer account access or contractual rights without our written consent except as permitted by law. A lawful transfer of the Service does not eliminate accrued obligations or your mandatory rights.

The Protected Parties are intended beneficiaries only of the protections this Agreement lawfully extends to them. No unrelated third party acquires broader rights under this Agreement. Section headings aid navigation and do not enlarge any provision.

Contact for this Service, legal notices, questions, and account requests:
Jim Tanner and Associates LLC
jim.tanner@jimtannerandassociates.com

For legal process or a notice that applicable law requires to be delivered in a particular way, use the legally required method; this email address does not replace statutory service requirements. You may ask us for an appropriate mailing address if one is needed.