Terms of Use
Terms of Use Agreement
Please Read This Terms of Use Agreement Before Accessing This Website.
Effective Date: May 22, 2008
This Terms of Use Agreement sets forth the standards of use of the Medx Publishing, Inc. (“Medicare.com”) Online Service. By using the Medx Publishing, Inc. website (“Medicare.com Site,” or the “Site,”) you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Medicare.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1.
Description of
Service
Medicare.com is providing Member
with a range of information
and tools relating to Medicare coverage,
health and wellness. There are
articles, tools, images, and other
content (“Content”) written by us or
commissioned from medical writers;
content we have licensed from well respected
sources and/or partners
such as Healthwise, Inc. The Content we write and
commission is written
by insurance coverage experts, medical and health experts
and reviewed
by insurance and medical experts before it is posted. Content
provided
by our partners is also, where appropriate, subject to review by health
and medical experts. We accept advertising on the Site, but try to be
responsible in what we will and won’t accept. We make sure that all ads
are
clearly marked. Everything we offer on the Site is referred to in
these Terms of
Service collectively as "the Services." Most of what's
on the Site is viewable
without registering with us, but to actively
participate or store your
information, you must register as a
member. Review our Privacy Policy, Posting
Guidelines, Editorial
Policy, and Advertising Policy for additional information
on how we do
business.
2.
This Site Does Not Provide
Medical Advice
The contents
of the Medicare.com, such as text, graphics,
images, information
obtained from Medicare.com's licensors, and other material
contained on
the Medicare.com Site ("Content") are for informational purposes
only.
The Content is not intended to be a substitute for professional medical
advice, diagnosis, or treatment. Always seek the advice of your
physician or
other qualified health provider with any questions you may
have regarding a
medical condition. Never disregard professional
medical advice or delay in
seeking it because of something you have
read on the Medicare.com!
If you think you may have a medical emergency,
call your
doctor and/or 911 immediately. Medicare.com does not
recommend or endorse any
specific tests, physicians, products,
procedures, opinions, or other information
that may be mentioned on the
Site. Reliance on any information provided by
Medicare.com,
Medicare.com employees, others appearing on the Site at the
invitation
of Medicare.com, or other visitors to the Site is solely at your own
risk.
3. We Are Not Associated With Any Government Nor Do We Claim To Be
This website is a private website and is not, associated, endorsed or authorized by the Social Security Administration, the Health Care Financing Administration, the Department of Health and Human Services or the Center for Medicare and Medicaid Services nor do we claim to be. This site contains basic information about Medicare, services related to Medicare and services for people with Medicare. There are several publicly funded health services in various countries called Medicare:
- Medicare (Australia) is a comprehensive public health program, administered by Medicare Australia. Visit their website at www.medicareaustralia.gov.au
- Medicare (Canada) is a comprehensive, universal (for all the citizens and permanent residents in the country) public health financing system. Visit their website at www.hc-sc.gc.ca
- Medicare (United States) is a publicly funded health insurance program generally for the elderly and disabled. Visit their website at www.Medicare.gov
4. Conditions & Treatments
The information in the Conditions & Treatments area is designed to help you become a more informed health care consumer. All Content we post has been reviewed in conformance with our Editorial Policy. The information in this area supplements, but is not a substitute for, the care or advice provided by your health care providers. You should always speak to your health care provider before beginning, changing or stopping any medication or nutritional, dietary, herbal or homeopathic supplement or adopting any treatment for a health problem. You are solely responsible for any decisions or actions you take based on the information in the Conditions and Treatments area, including choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments.
5. Disclaimer of Warranties.
The site is provided by Medicare.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Medicare.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Medicare.com shall have no liability for any interruptions in the use of this Website. Medicare.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
6.
Limitation of Liability
MEDICARE.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN
PARTICULAR
MEDICARE.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL, OR
INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS
OF REVENUE, OR LOSS OF
USE, ARISING OUT OF OR RELATED TO THIS WEB SITE
OR THE INFORMATION CONTAINED IN
IT, WHETHER SUCH DAMAGES ARISE IN
CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN
EQUITY, AT LAW, OR
OTHERWISE, EVEN IF MEDICARE.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF
SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION
OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE
SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
7.
Indemnification
Member agrees to indemnify and hold Medicare.com, its
parents,
subsidiaries, affiliates, officers and employees, harmless from any
claim or demand, including reasonable attorneys’ fees and costs, made
by any
third party due to or arising out of Member’s use of the
Service, the violation
of this Agreement, or infringement by Member, or
other user of the Service using
Member’s computer, of any intellectual
property or any other right of any person
or entity.
8. Modifications and Interruption to Service
Medicare.com reserves the right to modify or discontinue the Service with or without notice to the Member. Medicare.com shall not be liable to Member or any third party should Medicare.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Medicare.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
9.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
10. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Medicare.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Medicare.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
11.
Governing Jurisdiction of the Courts
Our website is operated and provided in the State of
Tennessee. As such, we are subject to the laws of
the
State Tennessee, and such laws will govern this Terms of Use, without giving
effect to any choice of law rules.
We make no
representation that our website or other services are
appropriate,
legal or available for use in other locations. Accordingly, if you choose
to access our
site you agree to do so subject to the internal laws of
the State
Tennessee.
12.
Compliance with Laws
Member assumes all knowledge of applicable law and is
responsible
for compliance with any such laws. Member may not use the Service in any
way that violates applicable state, federal, or international laws,
regulations
or other government requirements. Member further agrees not
to transmit any
material that encourages conduct that could constitute
a criminal offense, give
rise to civil liability or otherwise violate
any applicable local, state,
national, or international law or
regulation.
13.
Copyright and Trademark Information
All content included or available on this site, including
site
design, text, graphics, interfaces, and the selection and arrangements
thereof is ©2008 Medx Publishing, Inc., the operator for Medicare.com,
with all
rights reserved, or is the property of Medicare.com and/or
third parties
protected by intellectual property rights.
Any use of materials on the website, including reproduction for
purposes
other than those noted above, modification, distribution, or
replication, any
form of data extraction or data mining, or other
commercial exploitation of any
kind, without prior written permission
of an authorized officer of Medicare.com
is strictly prohibited.
Members
agree that they will not use any robot, spider, or other
automatic device, or
manual process to monitor or copy our web pages or
the content contained therein
without prior written permission of an
authorized officer of Medicare.com.
Medicare.com by Medx Publishing™ are proprietary marks of
Medx
Publishing, Inc. doing
business as Medicare.com. Medicare.com’s
trademarks may not be used in
connection with any product or service
that is not provided by Medicare.com, in
any manner that is likely to
cause confusion among customers, or in any manner
that disparages or
discredits Medicare.com.
All other trademarks displayed on Medicare.com’s website are
the
trademarks of their respective owners, and constitute neither an endorsement
nor a recommendation of those Vendors.
In addition, such
use of trademarks or links to the web sites of Vendors
is not intended
to imply, directly or indirectly, that those Vendors endorse or
have
any affiliation with Medicare.com.
14.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as
enacted
through the Digital Millennium Copyright Act, Medicare.com designates
the following individual as its agent for receipt of notifications of
claimed
copyright infringement.
By Mail:
Medx Publishing, Inc.
Attn: Officer of Privacy
750 Old Hickory
Blvd
Building 2, Suite 150
Brentwood, TN
37027
CustomerHelp@Medicare.com
15. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Medicare.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
