Terms and Conditions of Use
Last Updated: January 30, 2012
Welcome to MedicareNewsGroup.com. MedicareNewsGroup.com (“MNGC”) and/or its sponsors provide website features to you subject to the following conditions. If you visit our website, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practice.
When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of MNGC or its content suppliers or site sponsors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MNGC or its software suppliers and protected by United States and international copyright laws.
In addition, MNGC graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of MNGC in the U.S. and/or other countries. MNGC’s trademarks and trade dress may not be used in connection with any product or service that is not provided by MNGC, or in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits MNGC. All other trademarks not owned by MNGC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsors of MNGC.
License and Site Access
MNGC grants you a limited license to access and make use of the information posted in this site, provided you give appropriate attribution to the source of such information in any publication thereof you make. This license does not include any resale use of this site or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold or resold, except for the right to use information posted herein as aforesaid. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of MNGC or any sponsor of this site without prior, express written consent from MNGC or the applicable sponsor. You may not use any meta tags or any other “hidden text” utilizing MNGC’s name or trademarks. Any unauthorized use terminates the permission or license granted by MNGC.
If you use this 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.
Reviews, Comments, Communications and Other Content
Visitors may post reviews, comments, photos and other content; send other communications; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or worms, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of any content you post on our site. MNGC reserves the right (but does not have any obligation, express or implied) to remove or edit any such content.
If you do post content or submit material, you grant MNGC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, now or subsequently existing. You grant MNGC and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the terms and conditions for use of this site and will not cause injury to any person or entity; and that you will indemnify MNGC for all claims resulting from content you supply. MNGC has the right but not the obligation (express or implied) to monitor and edit or remove any activity or content. MNGC takes no responsibility and assumes no liability for any content posted by you or any third party, and you, by visiting our website, expressly waive any such claims against MNGC.
MNGC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us written notice of your claim of copyright infringement to the address indicated in the contacts tab on our website.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MNGC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SOFTWARE OR SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MNGC SPECIFICALLY DISCLAIMS AND YOU SPECIFICALLY WAIVE ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MNGC DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM MNGC ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. MNGC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING SIGNED OR POSTED BY MNGC.
CERTAIN STATE LAWS DO NOT ALLOW L IMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your visit to our website will be resolved by binding arbitration, rather than in court , except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to all disputes arising under your use of this site.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms and Conditions of Use as a court would.
Payment of all administration and arbitrator fees will be governed by the rules of the American Arbitration Association.
If for any reason a claim proceeds in court rather than in arbitration you and MNGC both specifically waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting our website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and MNGC.
Site Policies, Modification and Severability
We reserve the right to make changes to our site, policies and these Terms and Conditions of Use at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, such invalid term or condition shall be deemed severable and shall not affect the validity and enforceability of any other term or condition.
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