Last Updated: October 2013
IMPORTANT- PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, REMEDIES AND OBLIGATIONS.
Welcome to www.mymedicarematters.org, (the “Web Site”), a web site of NCOA Services, LLC (“NCOAS”). The Web Site is a tool to provide information and resources to the aging community in the United States, including information concerning access to benefits and community resources and discussion forums.
These Terms of Service govern your rights and obligations concerning use of the Web Site. Please read these Terms of Service carefully. If you do not agree with these terms, please do not use the Web Site.
These Terms of Service form a legal agreement between you and NCOAS. By accessing, browsing, or using this Web Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and to comply with all applicable laws and regulations.
NCOAS may provide upgrades and updates to the Web Site from time to time. Any modifications will be made in the sole discretion of NCOAS without notice to you.
This Web Site and its content Web Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without NCOAS’s prior written consent, except that NCOAS grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Web Site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. However, any software and other materials that are made available for downloading, access, or other use from this Web Site with their own license terms, conditions, and notices will be governed by those terms, conditions, and notices.
Your failure to comply with the terms, conditions, and notices on this site may result in automatic termination of any rights granted to you, without prior notice. In that event, you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission granted in these Terms of Service, NCOAS does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not copy any of the content from this Web Site on another web site or in any other media.
Changes to these Terms of Service or Web Site
NCOAS may change or modify these Terms of Service from time-to-time without notice other than posting the amended Terms on the Web Site. The amended Terms will automatically be effective when posted on our Web Site. Your continued use of our Web Site after any changes in these Terms of Service shall constitute your consent to such changes. NCOAS reserves the right to change, modify or discontinue, temporarily or permanently, the Web Site (or any portion of it), including any and all content contained on the Web Site, at any time without notice. You agree that NCOAS will not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site (or any portion of it).
The Web Site contains content of third parties and is not promised or guaranteed to be correct, current, or complete, and may contain inaccuracies or errors. NCOAS provides no assurances that any reported problems with the Web Site will be resolved by NCOAS, even if NCOAS elects to provide information with the goal of addressing a problem.
In addition, you agree not to use the Web Site to:
- infringe or misappropriate the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets and patents;
- sell, publish, distribute, retransmit, transfer, display, modify, create derivative works, or in any way exploit content placed on the Web Site, or any portion of it;
- damage, disable, overburden or impair the Web Site;
- upload, post, transmit, share or otherwise make available any material that contains 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;
- intimidate or harass another person;
- threaten harm to yourself or others;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- advertise, transmit, store, post, display or otherwise make available obscene or offensive speech or material; or
- engage in activities, whether lawful or unlawful, that NCOAS determines in its sole discretion to be harmful to other users of the Web Site, its operations, or NCOAS’s reputation, goodwill or customer relations or which may expose NCOAS, its licensees or its licensors or users to any harm or liability of any type.
Postings on the Web Site
NCOAS collects benefits and program information from many sources which comprise portions of the content contained on the Web Site. Although NCOAS routinely contacts its sources for programmatic and/or benefit changes impacting the content on the Web Site , NCOAS does not validate, error check or otherwise confirm the truth, accuracy or timeliness of content that is provided to NCOAS and is posted on or generated through the Web Site; or review, edit, censor, or warrant the quality or accuracy of content that is provided to us that users may acquire from the Web Site. By making use of the Web Site, you acknowledge that NCOAS does not provide any warranty or representation concerning the accuracy or completeness of the content generated by the Web Site.
ANY LINKS ON THE WEB SITE THAT ALLOW YOU TO ACCESS A THIRD PARTY SITE ARE NOT UNDER THE CONTROL OF NCOAS AND ACCORDINGLY NCOAS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY THIRD-PARTY LINKED SITE, ANY LINK CONTAINED IN SUCH LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NCOAS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY SUCH LINKED SITE. NCOAS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK TO A THIRD-PARTY SITE DOES NOT IMPLY ENDORSEMENT BY NCOAS OF THE SITE.
Intellectual Property Rights
Use of the Web Site does not grant to you any rights in connection with any trademarks or service marks of NCOAS or its licensors. Without NCOAS’s prior written consent, you agree not to display or use any trademarks or service marks of NCOAS or its licensors in any manner. All title and intellectual property rights in and to the content which may be accessed through use of the Web Site is the property of the respective content owner and may be protected by applicable copyright or other intellectual property law. No ownership of any part of the content is transferred to you in any manner whatsoever.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, NCOAS has adopted a policy of terminating, in appropriate circumstances and at NCOAS’s or its licensees’ discretion, users who are deemed to be repeat infringers. NCOAS or its licensees may also at their discretion limit access to the Web Site and/or terminate the access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Disclaimer of Warranties
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEB SITE AND THE CONTENT AVAILABLE THROUGH THE WEB SITE IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND NCOAS, ITS LICENSEES, LICENSORS AND THIRD PARTY REPRESENTATIVES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND NCOAS, ITS LICENSEES AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY CONDITIONS OF QUALITY AND ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
NCOAS AND ITS LICENSORS AND THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF THE WEB SITE TO ACHIEVE YOUR INTENDED PURPOSE.
NCOAS, ITS LICENSEES AND THEIR RESPECTIVE THIRD PARTY REPRESENTATIVES DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR OTHERWSIE MADE AVAILABLE THROUGH THE WEB SITE AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitations on Liability
USE OF THE WEB SITE IS AT YOUR OWN RISK.
NCOAS disclaims any and all responsibility for any content or postings on the Web Site, the accuracy of such content and for any decisions that you may make based on it.
IN NO EVENT SHALL NCOAS, ITS LICENSEES OR ITS LICENSORS, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE WEB SITE INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF NCOAS, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
If NCOAS becomes aware of harmful or potentially harmful activities or inaccurate or misleading information or content, in their discretion, NCOAS may take steps to stop such activity or remove such inaccurate or misleading information, such as removing any offending materials or postings; using screening software to block offending materials or activity; denying the offender access to the Web Site, or any other action NCOAS deems appropriate, in its discretion.
U.S. Government Restricted Rights
The Web Site shall be considered a “commercial item” as that term is defined in 48 C.F.R. 2.101 (October 1995) consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 227.7202-1, 227.7202-3 and 227.7202-4 (June 1995), as updated and amended from time to time. If you are a U.S. Government user, you may access the Web Site only as a commercial item subject to these Terms of Service.
Governing Law; Venue and Jurisdiction
By visiting or using the Web Site, you agree that the laws of the State of Delaware, without regard to its conflict of laws provisions, will govern these Terms of Service and any dispute of any sort that might arise between you and NCOAS. You agree that exclusive jurisdiction for any dispute with NCOAS, or in any way relating to your use of the Web Site, resides in the courts of the of the District of Columbia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the District of Columbia in connection with any such dispute including any claim involving NCOAS or its licensors, employees, contractors, officers, directors, telecommunication providers, and content providers.
If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Please direct any questions you may have about these Terms of Service and/or notify NCOAS of any violations by writing to ncoasprivacy@NCOA.org.