Read this agreement (“Agreement”) carefully. It sets forth the Terms and Conditions that govern your access to and use of the AccessMed.org website and is a binding contract between you and The AccessMed Foundation, a 501 (c)(3) community service organization (hereinafter referred to as AccessMed).

AccessMed reserves all rights that are not specifically granted to you under this Agreement. AccessMed may modify the Terms and Conditions of this Agreement, from time to time. Changes will be effective when posted on the AccessMed.org website. Please review these Terms and Conditions periodically.

TERMS AND CONDITIONS

So long as you comply with the Terms and Conditions of this Agreement AccessMed grants you a personal, limited, nonexclusive, nontransferable, revocable license to view the AccessMed.org website subject to the following Terms and Conditions:

You must be 18 years of age, or older, and have the legal right to agree to these Terms and Conditions. You may not utilize any of the software or services that are subject to this Agreement if you are under 18 years of age.

Your use of the accessmed.org website and information and services with the accessmed.org website is solely and exclusively at your own risk, including (but not limited to) the risk of product defects, interruptions in service, variations in quality and the possibility of exposure to offensive or otherwise undesirable content. AccessMed may modify the Terms and Conditions of this Agreement, or modify, interrupt or discontinue any or all of the services provided under this Agreement, at its sole discretion and without notice. You understand and acknowledge that your access to AccessMed services following any such changes constitutes and affirms your acceptance of these changes.

Under the Terms and Conditions of this Agreement, you specifically agree that you will not:

  • Attempt to upload any virus, malware or spyware, or other harmful software or code to the accessmed.org website or to supporting infrastructure thereof.
  • Use content or services for any illegal or unethical purpose or in any manner that causes liability or legal or ethical concern.
  • Utilize the accessmed.org website to upload, link to or publish any data that is Illegal, unethical, fraudulent, offensive, or is deemed by AccessMed, in its sole discretion, to be objectionable.
  • Upload any content that is not legally yours or that is protected by copyright or other intellectual property protections that you do not own.
  • Take any action that, in the sole discretion of AccessMed, attempts to gain unauthorized access to, or demands unreasonable capacity from the website.
  • Use any automated electronic process to retrieve, scrape or index any portion of the website.
  • In any way represent or attempt to create the impression that you, or your organization, is in any way affiliated with, or is endorsed or certified or sponsored by AccessMed.
  • In any way represent or attempt to create the impression that AccessMed in any manner represents or acts as an agent for you or your organization.

CONTENT AND USE

AccessMed developed and provides the accessmed.org website and associated services for the purpose of providing educational content related to Medicare and Medicaid and associated healthcare insurance and offering services to senior citizens to aid them in identifying and accessing their best personal Medicare and related options. AccessMed cannot and does not assume any responsibility for interactions or business activities that may result from use of the accessmed.org website or services that may be associated with it.

Please report any problems with, or misrepresentation by individuals or organizations utilizing the accessmed.org website or associated services. While AccessMed is not obligated to enforce the Terms and Conditions of this Agreement against a user, we reserve the right to take what we deem to be appropriate action, at our sole discretion.

PRIVACY

In providing the accessmed.org website and associated services, AccessMed has established the following Privacy Policy for the use of these services. By utilizing the accessmed.org website and associated services, you are acknowledging and accepting this Privacy Policy. This Privacy Policy may be revised from time to time; and your continued use of AccessMed products and services, subsequent to any such changes, will constitute your continuing acknowledgement and acceptance of the then current Privacy Statement.

AccessMed may collect personally identifiable information in the course of providing AccessMed services. AccessMed may collect domain names and IP addresses of visitors and may also collect personally identifiable information related to visitor’s usage of third-party sites accessed through the accessmed.org website and associated services and websites. AccessMed does not sell personally identifiable information to third parties.

Data collected by AccessMed may be used to improve the efficiency and effectiveness of AccessMed services. Some portions of the data that you provide may be aggregated to generate statistical analysis and reports of activity that takes place within AccessMed services. In the course of aggregating this data and preparing public reports, your personal information and identity will not be released (unless deliberately authorized by you, in writing).

AccessMed may share aggregated usage information that does not personally identify you with business partners and other affiliates. In such cases AccessMed will require the organizations that acquire this information to comply with the provisions of this privacy policy.

AccessMed will not sell your personal information to third parties for marketing purposes except in cases where you give AccessMed electronic or written permission to do so. AccessMed will make its best effort to not disclose personally identifiable information to unaffiliated third parties or mass-marketers.

Should AccessMed be acquired by another organization or otherwise sell some or all of its assets, information that you have provided is likely to become the property of the acquirer. AccessMed may outsource some aspects of the development and management of AccessMed services. During this process, information that you provide may be shared with outsourced technology vendors. AccessMed may also share your information in the case of legal action or court orders. AccessMed services may utilize a variety of technologies (including but not limited to cookies) to collect information that helps us to better understand website usage and to improve the services that we deliver. AccessMed will protect the information that you provide by means of the best electronic and physical security measures available to us. Nonetheless, transmission of information over the Internet involves security risks. As a result, we cannot and do not guarantee the security or confidentiality of the information that you transmit, or we store.

If you have any questions or concerns about your privacy, we urge you to not utilize the accessmed.org website and associated services.

INDEMNITY

You agree to indemnify and hold AccessMed and its subsidiaries, affiliates, suppliers, partners, directors, officers, employees and representatives harmless from any and all liabilities, claims, expenses  including legal fees and from any demand or claim made by any third party arising out of your use of the accessmed.org website and associated services, or arising as a result of your breach of this Agreement, or arising out of your purchase of products or services associated with your use of the accessmed.org website and associated services, or arising out of any intellectual property or other legal dispute associated with your use of the accessmed.org website and associated services.

AccessMed reserves the right, in its sole discretion and at your expense, to assume the exclusive defense and control of any matter for which you are required, under the Terms and Conditions of this Agreement, to indemnify us. You agree to reasonably cooperate as requested by AccessMed, in the defense of any claims and agree not to settle any such matter without first obtaining written consent from AccessMed.

DISCLAIMER AND LIMITATION OF LIABILITY

THE CONTENT, SERVICES AND FUNCTIONS OF ACCESSMED SERVICES ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” WITH NO CLAIMS OR WARRANTIES OF ACCURACY, QUALITY, MERCHANTABILITY OR RELIABILITY. ACCESSMED AND ITS AFFILIATES, SUPPLIERS AND OTHER RELATED ENTITIES DISCLAIM LIABILITY FOR ANY DAMAGES, LOSS OF PROFIT OR PROPERTY OR DAMAGE TO REPUTATION, OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT. YOUR USE OF THE CONTENT, SERVICES AND FUNCTIONS OF ACCESSMED SERVICES IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. ACCESSMED AND ITS AFFILIATES, SUPPLIERS AND OTHER RELATED ENTITIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT ACCESSMED SERVICES ARE FIT FOR A PARTICULAR PURPOSE. THE CONTENT AND FUNCTIONS OF ACCESSMED SERVICES ARE PROVIDED SOLELY FOR GENERAL INFORMATION AND DO NOT CONSTITUTE AN OFFER TO SELL ANY PRODUCT OR SERVICE OR TO PROVIDE OTHER PROFESSIONAL ADVICE.

ACCESSMED AND ITS AFFILIATES, SUPPLIERS AND OTHER RELATED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED FOR PRODUCTS AND SERVICES OFFERED ON, OR THROUGH, OR RELATED TO THE ACCESSMED.ORG WEBSITE OR ACCESSMED SERVICES. NO ORAL OR WRITTEN REPRESENTATION MADE BY ANY ACCESSMED REPRESENTATIVE SHALL CREATE A REPRESENTATION OR WARRANTY TO THE CONTRARY.

ACCESSMED AND ITS AFFILIATES, SUPPLIERS AND OTHER RELATED ENTITIES CANNOT AND DO NOT WARRANT ACCESSMED SERVICES, THE QUALITY OR RELIABILITY OF INTERNET ACCESS OR THE QUALITY OR RELIABILITY OF DATA TRANSMISSION.

INTELLECTUAL PROPERTY RIGHTS

The content of the accessmed.org website and associated services is protected by copyright, trademark, trade secret and other intellectual property laws. The rights granted to you under this Agreement are limited to viewing and sharing that information through electronic transmission including but not limited to social media and other Internet links. Otherwise, AccessMed does not grant you any expressed or implied rights. Any and all such rights are retained by AccessMed.

GOVERNING LAW

Arizona state law governs this Agreement without regard to its conflict of law provisions. In the event of any legal proceeding between you and AccessMed, you agree to submit to the jurisdiction of State and/or Federal courts located within the State of Arizona.

ENTIRE AGREEMENT

This Agreement is the entire agreement between you and AccessMed. It replaces any and all prior understandings, oral or written. This Agreement may be modified by AccessMed at its sole discretion. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, then that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. AccessMed may assign or transfer this Agreement without your consent.

BY ACCESSING THE ACCESSMED.ORG WEBSITE OR UTILIZING ANY ACCESSMED SERVICE, YOU ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.