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Terms of Use
PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE ACCESSING ANY PORTION OF THIS WEBSITE, CONTENT, OR PARTICIPATING IN ANY CHATROOM, NEWSGROUP, BULLETIN BOARD, MAILING LIST, WEBSITE TRANSACTION OR OTHER ON-LINE ACTIVITY AVAILABLE ON THIS OR ANY OTHER NATIONAL INSURANCE MARKETS, INC. WEBSITE.
Please note, the following Terms of Use (or "Terms) govern your use of any Website (or "Site") maintained and/or supported by National Insurance Markets, Inc, including www.Medicare-PartD.com and www.Medical-Insurance-America.com.
Your use or viewing of this site or any products or services offered on this site will constitute your agreement to be bound by any and all of the Terms of Use listed here and throughout this site.
Q1GROUP LLC and National Insurance Markets, Inc. reserve the sole right to change or modify the aforementioned Terms of Use here and throughout our website at our own discretion and at any time without prior notice. Your subsequent use or viewing of this website will constitute your agreement and binding acceptance to any changes or modifications to the Terms set forth here or anywhere throughout the website.
Use of our sites is subject to existing laws and legal process. Nothing contained here in these Terms of Use or elsewhere within this website shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.
Definitions of "Use" and "Content"
- "Use of the Website"
Your "Use" is meant to include, but not limited to, the viewing of content (written, media and graphic) and use of any functionality or services provided on this website. - "Website Offerings or Content"
Any data or content or information or graphics (including, but not limited to static or vector graphics), photographs, images, illustrations, marks, logos, products, features, links, media, sound, flash, or video clips, features or functions or functionality, or services. Content can be created by us, by a partner, or by a User (like you) or any combination of these.
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The Use of Content without Permission is Prohibited
Please note, as a user of our site, you may not modify, publish, transmit, transfer, sell, reproduce, create derivative works, distribute, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part. If you would like to request permission to use any of the content on our sites, please contact us directly at 1-800-322-8467 for more information.
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Disclaimer about our Content
Please note that the content and services provided to you on our website(s) are meant to assist you with learning more about insurance and insurance related topics. However, no content, service, article or text within this websites should be relied on for medical, legal or financial advice. Before relying upon content on this website, you should consult the appropriate or licensed professional(s) in your state or area. Accordingly, we do not make any representations or guarantees to the accuracy, the integrity, or the quality of the content on our website(s).
Without limitation, we are not responsible for postings by users of their opinion(s) on message board, forums, or feedback sections of our sites.
Please note that you may be exposed to content that you find disagreeable, offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using this content. We have the reserved right, but not the inherent obligation, to remove any content that may, in our sole discretion, violate these Terms or that is found by the editorial staff to be otherwise objectionable.
PLEASE NOTE: If you feel you might be offended by the content of this website, you should not continue.
Please also note that, while me make every effort to secure our servers from malicious third-party attacks or hack, we cannot insure that the content of our website has not been wrongly altered by a malicious and unpermitted third-party. If you notice any information that you believe is accidentlly or intentionally or misleading, please contact us at: 1-800-322-8467.
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Disclaimer of Third-Part Links
Our site may contain links to other Internet sites owned by other third parties. Your use of these sites is at your own risk. Your use of each of those sites is also subject to the conditions, if any, that each of those sites has posted. We have no control over sites and are not responsible for any changes to or content on them. Our inclusion of any third-party content or links to a third-party site is not an endorsement of that content or of the third-party or of the linked site. Your activities with any third parties are strictly outside of our control and should be considered as only between yourself and the third-party.
Indemnity from Third-Party Liability: As part of these Terms of Use, you agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. You hereby agree to indemnify, defend and hold harmless National Insurance Markets, Inc., all of our officers, directors, owners, managers, employees, agents, partners, and assigns of the same from and against any and all liability, losses, costs, claims, damages, and expenses (including attorneys' fees) incurred by National Insurance Markets, Inc, all of our officers, directors, owners, employees, agents, and partners in connection with any claim arising from your action with any third party linked to this site.
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As a User of this Website, You Represent and Warrant that:
- You are at least 18 years of age.
- Please note that anyone under the age of at least 18 years of age is not permitted to use this website or any of the services offered on our website or to submit any individual information about themselves to this website.
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Your Responsibility for Content
You are solely responsible for all materials, whether publicly posted or privately sent, that you upload, post, e-mail, transmit, or otherwise make available on our website ("published"). As part of theses Terms of Use, you certify that you own all intellectual property rights in the content published on our site. You hereby grant us and our partners a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish your content or information and subsequent versions of your content for the purposes of displaying your content on our sites, distributing your content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or storing your content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed.
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Your Responsibility for Paying for Fee-Based Services
Some of the services provided by this website require you to pay a fee as described in the content where these services are offered.
Please note that as a part of these Terms of Use, you agree to pay all fees and charges that you incur in U.S. Dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges.
All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If we receive partial payment of any invoices, we will apply such partial payment in the amounts and proportions to the outstanding charges as we determine. Our acceptance of any partial payment by you does not mean that we waive our rights to collect the full balance owed to us.
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Your Responsibility for Security
Please note, we make every effort to ensure the security of our website, its content, and any information that you voluntarily provide to this website.
If we issue you a password or login credentials, you may not reveal this information to another person. You may not use another person's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security at: 1-800-322-8467 or through our support center: Our Customer Support Center. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
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Your Responsibility as a Member of our Online Community
Please note that as part of these Terms of Use, you agree that you will not use our sites to take any of the following actions:- Defame, abuse, harass, threaten, or otherwise violate the legal right of others;
- Publish, post, upload, e-mail, distribute, or disseminate any inappropriate, vulgar, profane, defamatory, racial, obscene, indecent, or unlawful content (including images);
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer software or hardware or telecommunications equipment;
- Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Upload or Download any file that you know or reasonably should know cannot be legally obtained in such manner;
- Interfere with or disrupt our sites, servers, or networks;
- Take any action that imposes an unreasonably or disproportionately large load on our technical or business infrastructure;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
- Impersonate any person or entity, including, but not limited to, a National Insurance Markets, Inc. representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
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You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities only to send and receive messages and material that are proper and related to that particular Forum. If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.
Please note that unauthorized access to our sites is a breach of our Terms of Use and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by National Insurance Markets, Inc. for use in accessing our Please note that, as stated earlier; your use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.
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Indemnification
As previously noted, as part of these Terms of Use, you agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. You hereby agree to indemnify, defend and hold harmless National Insurance Markets, Inc., all of our officers, directors, owners, managers, employees, agents, partners, and assigns of the same from and against any and all liability, losses, costs, claims, damages, and expenses (including attorneys' fees) incurred by National Insurance Markets, Inc, all of our officers, directors, owners, employees, agents, and partners and assigns in connection with any claim arising from your actions, including, but not limited to, claims for defamation, violation of rights of publicity / privacy, copyright infringement, or trademark infringement arising out of your use of this website.
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General Disclaimer
In addition to the disclaimers already made, we disclaim any responsibility for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material or functionality. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using links from our sites. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
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No Representations or Warranties - Limitations on Liability
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE GRAPHICS OR INFORMATION OR MATERIALS OR CONTENT OR FUNCTIONALITY ON OUR SITES. OUR SITES AND THEIR CONTENT/FUNCTIONALITY ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL OR CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF USE OR LOST PROFITS), SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
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Controlling Law
These Terms shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, and the parties irrevocably consent to bring any action to enforce these Terms before a court of competent jurisdiction in Pittsburgh, Pennsylvania.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
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Arbitration
Q1GROUP LLC and National Insurance Markets, Inc. reserve the right to resolve any controversy or claim relating to these Terms of Use by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (AAA). Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. If such arbitration is elected, the arbitration shall be conducted in Pittsburgh, Pennsylvania, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
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Last updated on: 07/18/2008
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