Terms of Use

1. Who these terms are between

These Terms of Use govern your access to www.mtrgp.com and to any MTR intelligence product made available to you. They are between you and MTR Group, Inc., a Delaware corporation.

Access to MTR intelligence products is additionally governed by a written licence agreement between MTR and your organization. Where these terms and that agreement conflict, the agreement controls for the subject it addresses.

2. What MTR provides

MTR produces computed competitive intelligence for Medicare Advantage markets. The MTR Latitude Study is delivered as an interactive brief. MTR SIGMA and the MTR API are additional interfaces over the same computed output and are in development.

Products are licensed per entity to the named readers identified in your agreement. A licence is not a transfer of ownership in the models, the software, the output format, or the underlying methodology.

3. Licence and restrictions

Subject to your agreement and to payment of applicable fees, MTR grants your organization a non-exclusive, non-transferable, revocable licence to use the delivered intelligence for its own internal business purposes, for the term of the agreement.

Unless your agreement expressly permits it, you may not:

• redistribute, resell, sublicense, or publish MTR output, in whole or in part, outside the licensed entity;
• provide access to any person who is not a named reader under the licence;
• use MTR output to build, train, or benchmark a competing product or model;
• remove, obscure, or alter any provenance stamp, version identifier, or attribution carried by a deliverable;
• reverse engineer the models, the scoring, or the output contract.

4. Internal validation is not restricted

Nothing in these terms restricts your organization's internal model validation, benchmarking, audit, or regulatory examination activities with respect to MTR output, including comparison of MTR output against your own or third-party models, provided the results are used for your organization's internal governance and compliance and not to develop a competing commercial product or service.

MTR builds its deliverables to be checked, and this section exists so that the restriction above cannot be read to forbid the checking.

Checking means tracing a figure to the run and versions that produced it, recomputing it from the world-level record delivered under your licence, and comparing it to published outcomes. It does not include access to the models, the scoring, or the methodology.

5. Acceptable use of this website

The public pages of this site are provided for evaluation by prospective clients and interested readers. You may not:

• access the site by automated means, including crawling, scraping, or bulk downloading, except for search-engine indexing that honours our robots directives;
• use site content, including sample study pages, product mockups, and transcripts, to train or evaluate a machine-learning or artificial-intelligence model, or to build or benchmark a competing product;
• probe, disrupt, or circumvent the site's security or access controls;
• frame or mirror the site, or misrepresent your affiliation with MTR.

6. Your responsibility for decisions

MTR output is decision support. It is not a decision, and it is not a recommendation to enter into any transaction.

You are responsible for the business decisions your organization makes, including any decision informed by MTR output, and for applying your own actuarial, legal, regulatory, and commercial judgment before acting. MTR is not a party to those decisions and does not assume responsibility for their outcomes.

7. What MTR does not claim

The following limits are properties of the product rather than disclaimers appended to it, and they apply to every deliverable:

• MTR does not publish exit or withdrawal probabilities. Withdrawal signals are delivered as an early-warning watchlist that names counties and states its limitation.
• Equilibrium output is a structural characterization of the configurations a market can settle into. It is not a point forecast and must not be read as one.
• MTR does not produce revenue estimates, margin forecasts, enrollment projections, or market share projections.
• MTR output is not investment advice, legal advice, actuarial certification, medical advice, or regulatory guidance, and creates no fiduciary relationship.
• Forecast accuracy is measured on a defined asset against held-out years. Any accuracy figure MTR publishes refers to that asset and to nothing else.

8. Warranties

MTR warrants that it will perform its services in a professional and workmanlike manner consistent with the standards of its industry.

Except as expressly provided, MTR disclaims all other warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. MTR does not warrant that any model, projection, or characterization will prove accurate, complete, or error-free.

9. Limitation of liability

To the fullest extent permitted by law, MTR's total liability for all claims arising out of or relating to these terms or to any MTR product shall not exceed the total fees paid by your organization to MTR in the twelve months preceding the event giving rise to the claim.

MTR shall not be liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, lost business opportunity, or the cost of substitute services, even if advised of the possibility of such damages.

These limits do not apply to liability that cannot be limited under applicable law.

10. Indemnification

You agree to indemnify and hold harmless MTR Group, Inc. and its officers, directors, employees, and agents from third-party claims arising out of: use of MTR output in violation of these terms or of your licence; redistribution or publication of MTR output outside the licensed scope; decisions your organization makes or represents to others based on MTR output; and access obtained through your credentials, whether or not authorized.

MTR will indemnify your organization against third-party claims alleging that MTR output, as delivered and unmodified, infringes a valid United States intellectual property right, provided you notify MTR promptly, allow MTR sole control of the defense and settlement, and cooperate reasonably. Where such a claim is made, MTR may at its option modify the affected material, replace it with functionally equivalent material, obtain rights for continued use, or terminate the licence and refund a pro rata portion of fees paid.

11. Intellectual property

The MTR models, simulation engine, scoring methodology, output contract, software, brand, and site content are the property of MTR Group, Inc. and are protected as copyright, trade secret, and trademark.

Nothing in these terms grants you any right in MTR's intellectual property beyond the licence expressly stated.

Feedback is voluntary. If you provide suggestions or feedback about MTR products, you grant MTR a non-exclusive, perpetual, irrevocable, royalty-free licence to use it. Feedback does not include your organization's confidential information, which remains yours.

12. Website content and availability

Site content, including any illustrative product mockups, sample study pages, and pricing estimates, is provided for evaluation. Illustrative material is labelled as such and does not represent any real organization's competitive position. Pricing estimates produced by the configurator on this site are estimates; final pricing is confirmed in a written agreement.

MTR may modify or discontinue any part of this site at any time and does not warrant uninterrupted availability.

13. Suspension and termination

MTR may suspend or terminate access where these terms or a licence agreement are violated, or where continued access presents a legal, security, or regulatory risk. On termination you must stop using MTR output and delete copies held on your systems, except where your agreement provides otherwise or where retention is required by law.

14. Events outside either party's control

Neither party is liable for delay or failure to perform, other than payment obligations, caused by events beyond its reasonable control, including natural disasters, war, terrorism, labour disputes, internet or utility failures, and acts of government.

For MTR this expressly includes the delay, correction, restatement, or discontinuation of the public data sources its products are computed from, including CMS publications. Where a source is materially delayed or restated, MTR will say so, and release timing keyed to that source moves with it.

15. Governing law

These terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Disputes arising from these terms shall be resolved in the courts located in that jurisdiction.

16. Changes to these terms

MTR may update these terms for site visitors by posting the revised version here with a new revision date; the revised terms apply from that date forward and do not apply retroactively.

For licensed clients, changes to terms that affect a licence take effect only at renewal or with your organization's written agreement, whichever your agreement provides.

17. General

Severability: if any provision of these terms is held unenforceable, the remainder continues in effect, and the provision is enforced to the maximum extent permitted.

Entire agreement: for site visitors, these terms and the Privacy Policy are the entire agreement concerning use of this site. For licensed clients, the signed agreement is the entire agreement for the subjects it governs and supersedes these terms in full for the licensed relationship.

No waiver: a failure to enforce a provision is not a waiver of it, and a waiver on one occasion is not a waiver on any other.

Assignment: you may not assign these terms without MTR's written consent. MTR may assign them in connection with a merger, acquisition, or sale of substantially all assets, and they bind permitted successors.

Survival: sections concerning intellectual property, indemnification, warranty disclaimers, limitation of liability, and governing law survive termination.

Notices: legal notices to MTR must be sent to the contact address below and are effective on receipt. Notices to you may be given to the contact details your organization has provided.

18. Contact

Questions about these terms can be sent to legal@mtrgp.com.