We at the Medicare Rights Center (“MRC”, “we”, “us” or “our”) welcome you to our web site (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 and Conditions.

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 and conditions 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, in our sole discretion without prior notice.

Submissions

We provide you with the opportunity to submit inquiries, suggestions, ideas, comments, stories or other information to us and other users (collectively, “Submissions”). Any Submissions will be considered non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, 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.

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

Private or personal information which 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; 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 and conditions described in this document please contact info@medicarerights.org. 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 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 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

We grant 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 web sites or web pages to which the Site links or is linked, including any social networking web sites such as Twitter or Facebook that we may use to promote MRC and our activities. 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 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 sites 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 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 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 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 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 and conditions 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.

Refund Policy 

If you believe you have submitted a duplicative transaction, please send an e-mail to donations@medicarerights.org for a full refund.

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