TERMS AND CONDITIONS OF USE

We at the Medicare Rights Center (“MRC”, “we”, “us” or “our”) welcome you to our website (the “Site”). This document describes the terms and conditions of your use of the Site. By accessing or using the Site, you are acknowledging that you have read, understand and agree, without limitation or qualification, to be bound by these Terms & Conditions (the “Terms”).

Privacy

Please review our Privacy Policy, which describes our privacy practices.

Accuracy of Information

The information, materials and services offered on this Site are for general informational purposes only. We attempt to be as accurate as possible when describing our resources and services on the Site; however, we cannot guarantee that the content available on the Site, including without limitation the descriptions of the resources and services available on the Site, is accurate, complete, reliable, current or error-free.

Your Account

Some areas of the Site will invite you to create an account and password. If you choose to create an account, 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 Site on someone else’s behalf, you represent that you have the authority to bind that person as a principal to all the Terms provided herein, and you agree to accept liability for harm caused to MRC or the Site resulting from such access or use. We reserve the right to refuse service, terminate accounts or remove or edit content, for any reason, at our sole discretion without prior notice. We may also change content from free to fee-based, or provide product discounts, at our sole discretion without prior notice.

Fee-based Services

MRC offers certain services for a fee on this Site (the “Fee-based Services”), including but not limited to webinars and Medicare Interactive Pro (MI Pro) courses. You agree that we may automatically update Fee-based Services, that these Terms will apply to such updates and that by using Fee-based Services, you agree to be bound by these Terms.

1. You are responsible for paying all fees specified on the Site for Fee-based Services, minus any discounts and plus any additional sums which are mutually agreed between MRC and you, in a timely manner and in full, in line with the payment mechanism or mechanisms associated with this Site.

2. Any Fee-based Service purchase grants you a limited, personal, non-exclusive, non-transferable and revocable license to use such Fee-based Service you have purchased for the length of time specified at the time of purchase (the “License Term). You can stop using Fee-based Services at any time. If you have purchased Fee-based Services on an auto-renew basis, your license will automatically renew for successive License Terms unless you provide MRC with written notice of your intent not to renew at least 10 days prior to the expiration of your then-current License Term. You may use Fee-based Services only for your personal, non-commercial use. You agree that you will not share Fee-based Services content with any third party without prior written permission from Medicare Rights.

3. Medicare Rights reserves the right to cancel, interrupt, modify or reschedule any Fee-based Service at any time. If such changes are not acceptable to you, you can request a termination of your license, and MRC will consider such request. In such event, MRC will also consider a pro rata refund for the remainder of your License Term.

4. Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of any Fee-based Service does not confer any academic credit, nor does it grant continuing education units, unless otherwise stated. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. Nothing in these Terms or otherwise with respect to your participation in any Fee-based Service establishes any relationship between you and any educational institution with which MRC or its partners may be affiliated; enrolls or registers you in any educational institution or in any course offered by any educational institution; or entitles you to use the services or resources of any educational institution beyond participation in agreed-upon services.

Submissions

We provide you with the opportunity to submit inquiries, suggestions, ideas, comments or other information to us and other users (collectively, “Submissions”). Any Submissions will be considered non-proprietary and non-confidential, and by submitting Submissions you grant MRC the right to use your Submission without any restriction or any compensation to you. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant MRC a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable 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 email address, impersonate any person or entity or otherwise mislead us or other users as to the origin of any Submission.

We do not wish to receive, and reserve the right to reject, Submissions or other postings which contain:

  • Private or personal information that might identify an individual (other than information in which you identify yourself);
  • Profanity or obscenities;
  • Personal attacks on other individuals;
  • Slanderous, defamatory, obscene, pornographic, threatening or harassing comments; and/or
  • Other information that MRC deems in its sole discretion to be inappropriate for the Site.

Any chat rooms, message boards, forums, guestbooks or other venues available on the Site for you to post or submit Submissions may be used for non-commercial purposes only. You may not post or submit any information intended to promote or generate revenue for yourself or any third party. Although we periodically monitor the content posted on the 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 the Terms described in this document, please contact mi@medicarerights.org. MRC reserves the right to take any action that it deems appropriate to enforce these Terms.

Intellectual Property

All content that MRC makes available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, 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 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 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 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

MRC grants you a limited right to access and make personal use of the Site, including the right to print portions of the Site for your personal use. This limited right does not include the right to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof without our prior written consent; (ii) modify or download the Site or its contents (except caching); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the 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 Site terminates your limited right to use Content without prejudice to any other remedy provided by applicable law.

Third Party Links

We are not responsible for the content of any non-MRC websites or web pages to which the Site links or is linked. Links appearing on the 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 websites 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 websites or web pages to which the Site links or is linked, nor do we assume any responsibility or liability for the actions, content, products or services of such sites and pages, including without limitation their privacy policies and Terms. You should carefully review the Terms and privacy policies of all non-MRC websites and web pages that you visit.

For any paid services purchased through a third party, all transactions are subject to the terms and conditions of those third parties

Representations and Warranties; Limitation of Liability

THE 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 SITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES THAT THE CONTENT AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION DESCRIPTIONS OF THE RESOURCES AND SERVICES AVAILABLE ON THE SITE, IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FURTHERMORE, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE 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.

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 Site.

Governing Law and Jurisdiction

These Terms 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 Site.

General Terms

You acknowledge and agree that this document, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site. Nothing contained in this document 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 at any time by posting the changes on the Site. Any changes are effective thirty (30) days after the posting of such changes on the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. 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 this document is unenforceable or invalid under any applicable law or held to be so by any applicable court decision, the remainder of this document will be construed as not containing the particular invalid or unenforceable provision.

If you have any questions regarding these terms and conditions, please e-mail questions to info@medicarerights.org, or address correspondence to:
Medicare Rights Center
266 West 37th Street, 3rd Floor
New York, NY 10018

Posted on April 3, 2017