|Terms and Conditions
The US Medicare Online Service Agreement is a legal document that details your rights and obligations as a US Medicare Online Member. The US Medicare Online Web Site and related services are offered to you conditioned upon your acceptance without modification of these Terms of Service. The Terms of Service provide very important information about your US Medicare Online membership, so you should take the time to read and understand them. From time to time, it may be necessary for US Medicare Online to update or revise certain provisions of the Terms of this Service Agreement. By joining US Medicare Online and accepting the this Service Agreement, you agree that US Medicare Online may change the terms of this Service Agreement in its sole discretion without specific notice to you. If you don't agree to the changes proposed by US Medicare Online, or to any terms in this Service Agreement, your only remedy is to cancel your US Medicare Online membership.
1. Description of Service
US Medicare Online operates this Web site and associated web pages, which, for purposes of these Terms of this Service Agreement, will be referred to as the US Medicare Online Web Site. US Medicare Online offers you access to the US Medicare Online Web Sites, which provides you access to a collection of on-line resources, including Web site hosting services (the Service). US Medicare Online offers you access to the US Medicare Online Web Site in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by US Medicare Online from time-to-time in its sole discretion without notice to you. Notwithstanding the foregoing, US Medicare Online reserves the right to reject any Member registration for any reason. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Service Agreement.
2. General Use of the US Medicare Online Web Site
You promise that you will not use US Medicare Online, in whole or in part, for any purpose that is unlawful or prohibited by this Service Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the US Medicare Online Web Site other than for use in creating the Member Web Site in accordance with this Service Agreement. This means, among other activities, that you agree not to engage in the practices of screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Service in any manner that could damage, disable, overburden, or impair the US Medicare Online Web Site or interfere with any other p! arty's use and enjoyment of the US Medicare Online Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the US Medicare Online Web Site. Except with the written permission of US Medicare Online, you agree that you will not access or attempt to access password protected, secure or non-public areas of the US Medicare Online Web Site. Unauthorized individuals attempting to access prohibited areas of the US Medicare Online Web Site may be subject to prosecution.
4. Storage and Usage
You acknowledge that US Medicare Online may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (i) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on your Web Site will be retained by US Medicare Online and (ii) the maximum limits on bandwidth usage that will be allotted to you. You agree that US Medicare Online has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You further acknowledge and agree that US Medicare Online reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
5. Content Submitted to US Medicare Online
The US Medicare Online Professional Web Site includes a number of venues such as Member Web Sites and web pages, discussion boards and/or other message or communication facilities designed to enable you to disseminate and exchange thoughts and opinions to and with other members of the public. Since US Medicare Online firmly believes in the value of free and open dissemination and exchanges, it is under no obligation to monitor, pre-screen, or otherwise censor your thoughts and opinions. Therefore, US Medicare Online cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Always use caution when posting any personally identifying information about you or your employees on the US Medicare Online Web Site or any Member Web Sites.
6. Member Conduct
The Service is provided to assist you with the operation of your business. Your right to use the Service is personal to you, your company and its employees. You, and not US Medicare Online, are entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (Member Content) posted via the Service. US Medicare Online does not control the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. US Medicare Online reserves the right, but is not obligated to review the Member Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. US Medicare Online also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in wh! ole or in part, from the Member Content in US Medicare Online sole discretion. With respect to the content on your US Medicare Online website you agree not to:
a. post, upload or otherwise transmit any content which is misleading to others or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity to others, including, but not limited to, consumers;
b. post, upload or otherwise transmit any content that is inappropriate, harmful to minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
c. post, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d. post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
e. post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or attempt to access the accounts of others, or attempt to penetrate security measures of US Medicare Online, its vendors or suppliers or other entities' systems (hacking), whether or not the intrusion results in corruption or loss of data
f. post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on our infrastructure that exceed the limits provided by your membership;
g. post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation;
h. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
i. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
j. forge any headers or other manipulation of identifiers in order to disguise the origin of any content transmitted through the service;
k. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
l. resell, rent, license, lend, transfer or otherwise grant access to US Medicare Online Professional to any other person or exploit for any commercial purpose US Medicare Online services by any and all means.
m. sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, liquor, and tobacco products that (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via your Member Web Site could cause US Medicare Online to violate any law, statute or regulation.
7. Third Party Content
For your convenience, the US Medicare Online Web Site contains content and information from third party providers and/or links to their Web sites (Third Party Content). Such content is not under the control of US Medicare Online and US Medicare Online is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. US Medicare Online does not pre-screen contain available on the US Medicare Online Service and does not assume any responsibility or liability for the content provided by others. US Medicare Online is providing such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by US Medicare Online of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, content, software, or sites. US Medicare Online does reserve the right to remove c! ontent that, in US Medicare Online judgment, does not meet its standards, but US Medicare Online is not responsible for any failure or delay in removing such material.
OC US Medicare Online is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release US Medicare Online (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
8. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE AND OUR SUPPLIERS PROVIDE OUR SERVICE, THE US Medicare Online PROFESSIONAL WEB SITE AND YOUR MEMBER WEB SITE AS IS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, TITLE AND NON-INFRINGEMENT.
B. US Medicare Online AND OUR SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, THE US Medicare Online WEB SITE OR MEMBER WEB SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL US Medicare Online AND/OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF US Medicare Online OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND REALTED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU IN NO EVENT SHALL US Medicare Online BE LIABLE TO MEMBER OR ANY THIRD PARTY IN AN AGGREGATE AMOUNT GREATER THAN TH! E AMOUNT MEMBER ACTUALLY PAYS TO US Medicare Online UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither US Medicare Online nor its suppliers is responsible for any of your data residing on US Medicare Online or its suppliers' hardware. You are responsible for backing-up your data and information that may reside on the US Medicare Online or its suppliers' hardware, whether or not such information is produced through the use of US Medicare Online. It is your responsibility to take the necessary steps to ensure your primary means of business is maintained.
10. Proprietary Rights
US Medicare Online does not claim ownership of the Content you provide to US Medicare Online or place on your Web Site. However, you grant US Medicare Online a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Member Content on and through the US Medicare Online Web Site and in US Medicare Online promotional or advertising materials only for the limited purpose of promoting the Service, and (ii) sublicense to third parties such Member Content to the extent necessary for the creation and maintenance of, in part or in whole, such Web sites. No compensation will be paid or due you with respect to US Medicare Online or its sub licensee use of the materials as licensed above. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Member Website,! you warrant and represent that you own or otherwise control the rights necessary to do so and to grant US Medicare Online the license set forth above, and you will defend and indemnify US Medicare Online and its suppliers from any third party claim related to a breach of any of the foregoing representations and warranties.
11. US Medicare Online Software Licenses
US Medicare Online provides you with a non-exclusive, non-transferable, limited license to use US Medicare Online software, which you agree to use in accordance with this Service Agreement. You may not sub-license, or charge others to use or access, our software without first obtaining written permission from us. All software is owned by US Medicare Online and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification or redistribution of the software is expressly prohibited, and may result in severe civil and criminal penalties. US Medicare Online software, its structure, sequence and organization and source code are considered trade secrets of US Medicare Online and its suppliers and are protected by trade secret laws. WITHOUT LIMITED THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPORDUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED! . YOU MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
You agree to indemnify and hold US Medicare Online and its suppliers, affiliates, partners, subsidiaries, employees harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), made by any third party due to or arising out of (i) your violation of these Terms of Service; and (ii) any information, included but not limited to Member Data, and your publicly posted information, submitted, posted, or otherwise provided by you to your Member Web Site and/or US Medicare Online and/or its affiliates. These obligations will survive any termination of your relationship with US Medicare Online or your use of the US Medicare Online Professional Web Site. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of US Medicare Online and/or its suppliers, affiliates, partners, subsidiaries and employees.
13. Copyright and Trademark Notices
All materials on the US Medicare Online Web Site (as well as the organization and layout of the US Medicare Online Web Site) are owned and copyrighted or licensed by US Medicare Online, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the US Medicare Online Professional Web Site is permitted without the written permission of US Medicare Online. Any rights not expressly granted herein are reserved.
US Medicare Online System Suite, US Medicare Online, US Medicare Online , the US Medicare Online logo, US Medicare Online Online, US Medicare Online Express, US Medicare Online Publisher, US Medicare Online Storebuilder, and other US Medicare Online logos and product and service names are trademarks of US Medicare Online. (the US Medicare Online Marks). Without US Medicare Online prior permission, you agree not to display or use in any manner, the US Medicare Online Marks.
14. Notification of Claims of Copyright Infringement
Any notifications of claimed copyright infringement should be sent to US Medicare Online Registered Agent. Please see US Medicare Online contact information on the US Medicare Online website.
US Medicare Online reserves the right at anytime and from time to time to modify, discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that US Medicare Online shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You further agree that US Medicare Online shall have the right to remove Elements from your Member Web Site, with or without notice to you, at any time at our sole discretion, if we discontinue offering the Element for any reason.
16. Termination and Cancellation
17. General Information
This Service Agreement shall be governed in all respects by the laws of the State of Delaware, U.S.A. as such laws are applied to agreements entered into and to be performed entirely within Delaware between Delaware residents. Both parties submit to exclusive jurisdiction and venue in the courts located in Orange County, Delaware and further agree that any cause of action arising under this Service Agreement shall be brought in a court in Orange County, Delaware. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Service Agreement or your rights in your Web Site, and any attempt to the contrary is void. This Service Agreement sets forth the entire understanding and agreement between us with r! espect to the subject matter hereof. The section titles in the Service Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18. Information for Delaware Residents
Under Delaware Civil Code Section 1789.3, Delaware Members are entitled to the following specific consumer rights information:
Pricing Information - Current rates for using US Medicare Online Professional may be obtained by going to the pricing schedule on the US Medicare Online corporate Web Site. US Medicare Online reserves the right to change any fees, surcharges, and monthly membership fees or to institute new fees at any time.
a. Complaints - The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
Please report any violations of these Terms of Service to our [email protected]
20. Independent Review
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
The following is a list of additional Terms of Service information for some specific US Medicare Online products and services. These additional Terms of Service are in addition to the above information.
21. Email - Acceptable Use Definitions
i. Member refers to the business entity that has contracted with US Medicare Online for e-mail services. Each Member may have multiple domain accounts and each domain account may have one or more End User.
ii. End User refers to the person, persons, or entity using a specific account (designated by a unique e-mail address) within a domain controlled by the Member and operated by US Medicare Online.
a. Unsolicited Bulk E-mail
Any member who sends unsolicited advertisements or solicitations, commercial or otherwise, may have their account disabled and be disallowed further service. The Member is responsible for ensuring that the email services obtained from US Medicare Online are used in an appropriate manner by their End Users. Therefore, the Member must take steps to manage the use of the services obtained in such a way that network abuse is minimized. The Member must also make contact information publicly available, and must respond in a timely manner to any complaints. US Medicare Online shall consider any complaints regarding the Member's End Users to apply to the Member. In extreme cases, US Medicare Online operations personnel have the option to immediately disable any account in order to forestall further abuse or damage to e-mail systems. Should this occur, the Member shall be notified as soon as possible.
Unsolicited advertisements or solicitations sent from other networks which reference e-mail accounts hosted at US Medicare Online shall be treated as if they originated from the account referenced, unless there is sufficient reason given for US Medicare Online operations staff to believe that the message truly originated with some unrelated party
b. Filtering of Incoming E-mail
As owner of the equipment and other resources utilized to provide services, US Medicare Online has the legal right to block electronic communications from other entities on the Internet. Members should be aware that such blocking or filtering might take place if deemed necessary by designated members of the US Medicare Online operations staff (or a third party chosen by US Medicare Online and made known to the Member.) Whenever possible, the party being blocked shall be made aware of such action before it occurs.
c. Illegal Activities
Email services offered may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or of state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. US Medicare Online reserves the right to cooperate with law enforcement and other legal authorities in investigating claims of illegal activity. US Medicare Online and its suppliers will not release any information regarding our Members (excepting that which is public knowledge. The Member agrees that US Medicare Online judgment as to the validity of any such order shall be considered proper and final.
d. Right to Damages
Nothing contained in this Section 24 shall be construed to limit action US Medicare Online may take or remedies available to us in any way with respect to any of the described conduct. US Medicare Online reserves the right to take any additional actions we may consider appropriate with respect to such conduct, including without limitation taking action to recover costs and expenses of identifying offenders and removing them from our network or systems, and levying cancellation charges to cover costs in the event of disconnection for the causes outlined in this Policy document. In addition, US Medicare Online reserves at all times all rights and remedies available to us with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and US Medicare Online reserves the right to enforce such policy or rule at its sole discretion.