Welcome to our Web site (the "Medicare Interactive Site"). The Medicare Rights Center ("MRC ", "we", "us" or "our") provides the services available on the Medicare Interactive Site to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Medicare Interactive Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

Privacy

Please review our Privacy Statement, which also governs your visit to the Medicare Interactive Site, so that you may understand our privacy practices.

Accuracy of Information

We attempt to be as accurate as possible when describing our resources and services on the Medicare Interactive Site; however, we cannot guarantee that the content available on the Medicare Interactive Site, including without limitation, the descriptions of the resources and services available on the Medicare Interactive Site, is accurate, complete, reliable, current, or error-free.

Your Account

If you use the Medicare Interactive Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the Medicare Interactive Site on someone else's behalf, you represent that you have the authority to bind that person as a principal to all the Terms and Conditions provided herein, and you agree to accept liability for harm caused by any wrongful use of the Medicare Interactive Site resulting from such access or use. We reserve the right to refuse service, terminate accounts, or remove or edit content, for any reason, in our sole discretion without prior notice.

Submissions

We provide users the opportunity to submit inquiries, suggestions, ideas, comments, or other information to us and other users (collectively, "Submissions"). To the extent that Submissions are made through the publicly accessible areas of the Medicare Interactive Site (e.g. message boards, chat rooms, and forums), Submissions will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Statement, By transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use any Submission in any form, media, or technology, whether now known or hereafter developed, and for any purpose including, without limitation, developing, distributing and promoting resources and services. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false identity or e-mail address, impersonate any person or entity, or otherwise mislead us or other users as to the origin of any Submission.

MRC does not allow Submissions or other postings which contain:

private or personal information which might identify an individual;
profanity or obscenities;
personal attacks on other individuals;
slanderous, defamatory, obscene, pornographic, threatening or harassing comments; or
other information that MRC deems in its sole discretion to be inappropriate for the Medicare Interactive Site.
The chat rooms, message boards, and forums available on the Medicare Interactive Site may be used for non-commercial purposes only. You may not post any information intended to promote or generate revenue for yourself or any third party. Although we periodically monitor the content posted on the Medicare Interactive Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, if you believe that Submissions or other postings are violating these Terms and Conditions, please contact [insert the Medicare Rights Center's mailing address, phone number, and e-mail address]. MRC reserves the right to take any action that it deems appropriate to enforce these Terms and Conditions.

Intellectual Property

All content that MRC makes available on the Medicare Interactive Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the combinations thereof (the "Content") is the property of MRC, our affiliates, or our licensors, and may be protected by United States and international copyright laws. The trademarks, logos, and service marks displayed by MRC on the Medicare Interactive Site (collectively, the "Trademarks") are the registered and unregistered marks of MRC, our affiliates, our licensors or our partners, in the United States and other countries. All other Trademarks not owned by us, our affiliates or our partners that appear on the Medicare Interactive Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except for the limited purposes set forth below, or as permitted under applicable law, neither the Content, the Trademarks, nor any other portion of the Medicare Interactive Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

Limited Use

We grant you a limited right to access and make personal use of the Medicare Interactive Site. This limited right does not include the right to: (i) frame or utilize framing techniques to enclose the Medicare Interactive Site or any portion thereof without our prior written consent; (ii) modify or download the Medicare Interactive Site or its contents (except caching); (iii) make any use of the Medicare Interactive Site or its Content other than personal use; (iv) create any derivative work based upon either the Medicare Interactive Site or its Content; (v) collect account information for the benefit of another party; (vi) use any metatags or any other "hidden text" utilizing our name or the Trademarks without our express written consent; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. Any unauthorized use by you of the Medicare Interactive Site terminates the limited right set forth in these Terms and Conditions without prejudice to any other remedy provided by applicable law.

Third Party Links

We are not responsible for the content of any non-MRC Web sites or Web pages to which the Medicare Interactive Site links or is linked. Links appearing on the Medicare Interactive Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any non-MRC Web sites or Web pages is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, non-MRC Web site or Web pages to which the Medicare Interactive Site links or is linked, nor do we assume any responsibility or liability for the actions, content, products, or services of such site and pages, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all non-MRC Web sites and Web pages that you visit.

Representations and Warranties; Limitation of Liability

THE MEDICARE INTERACTIVE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE MEDICARE INTERACTIVE SITE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES THAT THE CONTENT AVAILABLE ON THE MEDICARE INTERACTIVE SITE, INCLUDING WITHOUT LIMITATION, DESCRIPTIONS OF THE RESOURCES AND SERVICES AVAILABLE ON THE MEDICARE INTERACTIVE SITE, IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. FURTHERMORE, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE MEDICARE INTERACTIVE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ANY FEES PAID BY YOU TO MRC TO USE THE MEDICARE INTERACTIVE SITE.

Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising out of or relating to your use of the Medicare Interactive Site.

Disputes

These Terms and Conditions are governed by the laws of the State of New York. You hereby irrevocably consent to the exclusive personal jurisdiction of, and venue in, the state and federal courts of the State of New York located in the County of New York with respect to any disputes arising out of or relating to your use of the Medicare Interactive Site. General You acknowledge and agree that these Terms and Conditions, together with our Privacy Statement, constitute the complete and exclusive agreement between us concerning your use of the Medicare Interactive Site. Nothing contained in these Terms and Conditions may be construed as creating any agency, partnership, or other form of joint enterprise between us. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Medicare Interactive Site. Any changes are effective thirty (30) days after the posting of such changes on the Medicare Interactive Site. Your continued use of the Medicare Interactive Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You agree to comply immediately with any such termination or a notice of your breach of these Terms and Conditions, including, as applicable, by ceasing all use of the Medicare Interactive Site. Our failure to require your performance of any provision hereof will not affect the full right to require such performance at any time thereafter, nor will our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions is unenforceable or invalid under any applicable law or held to be so by any applicable court decision, these Terms and Conditions will be construed as not containing the particular invalid or unenforceable provision. If you have any questions regarding these Terms and Conditions, please contact the Medicare Rights Center at 1460 Broadway, New York, NY 10036 or e-mail info@medicareinteractive.org.

Posted on January 20, 2003