Terms of Use - Medicare Consumer - Medicare Consumer

Terms of Use

The website located at www.medicareconsumer.com (the “Website”) is a copyrighted work belonging to PRECURSOR Media LLC (“PRECURSOR Media”). PRECURSOR Media grants you the right to use the Website subject to the terms and conditions set forth below (“Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE.

The information on the Website is designed for educational and commerce purposes only. It is not intended to be a substitute for informed medical advice or care. You should not use information on the Website to diagnose or treat any health problems or illnesses without consulting your doctor. Please consult a doctor with any questions or concerns you might have regarding your or your loved one’s health condition.

Privacy Policy: Please review the PRECURSOR Media privacy policy at http://www.medicareconsumer.com/privacy (“Privacy Policy”). The terms of the Privacy Policy are incorporated into, and considered a part of, these Terms of Use.

License: PRECURSOR Media owns and operates the Website. The information and content available on the Website, or in any communications PRECURSOR Media sends you, (the “Content”) are protected by copyright laws throughout the world. Any unauthorized reproduction or modification, distribution, or performance of any Content is strictly prohibited and such conduct may be in violation of copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. PRECURSOR Media and its licensors reserve all rights to the Content.

Trademarks: All trademarks, logos and service marks (collectively, “Marks”) displayed on the Website are PRECURSOR Media’s property or the property of other third parties. You are not permitted to use these Marks without PRECURSOR Media’s prior written consent or the consent of the third party that owns the Marks.  Nothing on this Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission.

Third Party Links: The Website may contain links to other websites operated by third parties. Such third party websites are not under the control of PRECURSOR Media. PRECURSOR Media is not responsible for the content of any third party website or any link contained in a third party website. PRECURSOR Media provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites. If you decide to access any of the third party websites linked to the Website, you do this entirely at your own risk. Third party websites are subject to their own terms and policies, including privacy and data gathering practices.

User Content: If you provide any feedback, comments or suggestions to PRECURSOR Media regarding the Website or PRECURSOR Media’s services (collectively, “user content”), you grant to PRECURSOR Media sole ownership of all right, title and interest, including all related intellectual property rights, in and to all such user content and you hereby assign such user content to PRECURSOR Media free of charge.  PRECURSOR Media may use such user content for any purpose including incorporating such user content into PRECURSOR Media’s Website and/or PRECURSOR Media’s services.

Modification: PRECURSOR Media reserves the right, at any time, to modify the content or to modify, suspend, or discontinue the Website or any part thereof with or without notice. You agree that PRECURSOR Media will not be liable to you or to any third party for any modification of the content or modification, suspension, or discontinuance of the Website.

WARRANTY DISCLAIMER: PRECURSOR Media IS PROVIDING THE WEBSITE AND THE CONTENT ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. PRECURSOR MEDIA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. PRECURSOR Media DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE INFORMATION PROVIDED ON THE WEBSITE. INFORMATION AT THIS WEBSITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS WEBSITE AND MAY CONTAIN ERRORS.

LIMITATION OF LIABILITY: IN NO EVENT SHALL PRECURSOR MEDIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PRECURSOR MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. PRECURSOR MEDIA’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).

Release.  If you have a dispute with one or more users or an advertiser, you release PRECURSOR Media (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Amendment: These Terms of Use are subject to occasional revision, and if PRECURSOR Media makes any substantial changes, PRECURSOR Media will notify you by sending you an e-mail to the last e-mail address you provided to PRECURSOR Media (if any PRECURSOR Media may have in its records) and/or by prominently posting notice of the changes on the Website. Any material changes to these Terms of Use will be effective upon thirty (30) calendar days following PRECURSOR Media’s posting of notice of the changes on the Website. These changes will be effective immediately for new users of the Website. Continued use of the Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Website.

General Provisions: If any provision in these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms of Use and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using this Website, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for Santa Clara County, California for any lawsuit filed there against you by PRECURSOR Media arising from or related to these Terms of Use. These Terms of Use (which includes the Privacy Policy and any other legal notices or terms located on particular pages of this Website) constitute the entire agreement between you and PRECURSOR Media regarding the use of the Website and content. Notwithstanding the foregoing, these Terms of Use do not supersede or amend (and will not take precedence over) any signed written agreement between you and PRECURSOR Media with respect to the subject matter of that signed written agreement, unless otherwise set forth in that signed written agreement. PRECURSOR Media may assign this Agreement to a successor in interest in connection with a change of control, a sale of substantially all of its assets, or a merger, acquisition, public offering or other reorganization transaction. If you have any questions about the foregoing, please contact PRECURSOR Media at the following e-mail address: contact at PRECURSORMedia.com.

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