Terms And Conditions
Your access to, browsing of and use of this website (the “Site”) is subject to the following terms and conditions (the “Terms and Conditions”) as well as all applicable laws. Please read the Terms and Conditions carefully. By accessing, browsing or using the Site, you accept and acknowledge your agreement with and assent to, without limitation or qualification, the Terms and Conditions. If you do not agree to the Terms and Conditions, then please do not access, browse or use the Site.
All designs, text, graphics, the selection and arrangement thereof, and all code and software on and in the Site are Copyright © 2021, Segal Medicare Experts (SME). All rights reserved. You should assume that the underlying code and everything you see or read on the Site (collectively, the “Information”) is copyrighted unless otherwise noted. You may not use the Information other than in accordance with the Terms and Conditions without the prior written consent of SME.
You may not metatag, frame, redistribute, retransmit, replicate, reproduce, sell or exploit the Information without the prior written consent of SME, except that you may view and download one copy of the Information to one computer for your own personal, non‑commercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. SME neither warrants nor represents that your use of the Information will not infringe upon the rights of another.
You may not use any type of automated method of retrieving data from the Site, nor access, acquire, copy, or monitor the Site or the Information, nor in any way reproduce or circumvent the navigational structure or presentation of the Site or the Information. You may not obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site without the prior written consent of SME.
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of SME and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of SME or such third party that may own the Trademarks displayed on the Site. The Trademarks displayed on the Site may not be used other than in accordance with the Terms and Conditions. You are also advised that SME will aggressively enforce its intellectual property rights to the fullest extent of the law, including, without limitation, seeking criminal prosecution.
Errors And Omissions
Although SME uses its best efforts to provide Information that is accurate and up to date at the time it is posted, SME assumes no liability or responsibility for any errors or omissions in the Information. The Information may contain technical inaccuracies, typographical errors or information that may have become outdated over time. While SME may revise the Information from time to time, SME does not undertake, and hereby disclaims, the duty to correct, keep current or update the Information.
SME IS PROVIDING THE SITE AND THE INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE INFORMATION OR ANY SITE THAT IS HYPERLINKED HERETO OR HEREFROM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF THE INFORMATION, AND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Disclaimer Of Liability
Your access to, browsing of and use of the Site is at your own risk.
NEITHER SME NOR ITS OFFICERS, EMPLOYEES, CONTRACTORS, NOR THEIR RESPECTIVE AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE INFORMATION SHALL BE LIABLE FOR ANY DAMAGES, LOSSES OR OTHER LIABILITIES, INCLUDING, WITHOUT LIMITATION, (A) DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (B) LOSS OF OR DAMAGE TO DATA, SOFTWARE OR COMPUTER EQUIPMENT, (C) LOSS OF OR DAMAGE TO INCOME OR PROFITS, (D) LOSS OF OR DAMAGE TO PROPERTY OR (E) CLAIMS OF ANY PERSON OR ENTITY, WHETHER BASED IN LAW OR IN EQUITY OR ON STATUTE, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY REASON ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, BROWSING OF OR USE OF THE SITE, THE INFORMATION OR ANY SITE HYPERLINKED HERETO OR HEREFROM, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, VIRUS, TROJAN HORSE, WORM OR OTHER HARMFUL COMPONENT, OR LINE FAILURE, OR ANY DECISION MADE OR ACTION OR INACTION IN RELIANCE ON THE SITE, THE INFORMATION OR ANY SITE HYPERLINKED HERETO OR HEREFROM.
Please note that some jurisdictions may not allow the exclusion of liability for incidental or consequential damages, so some of the above exclusions may not apply to you.
You agree to indemnify and hold harmless SME and its officers, employees, contractors, and their respective affiliates, from any and all suits, claims, actions, proceedings, damages, losses and other liabilities (including, without limitation, reasonable attorneys’ fees and costs), in connection with or otherwise relating to your access to, browsing of or use of the Site, your violation of the Terms and Conditions or your violation of the rights of another.
Products And Services On The Site
The products and services described on the Site may not be available in all geographic areas. Not all persons or entities are eligible for all of the products and services described on the Site. SME reserves the right to determine the eligibility for any such product or service. SME may at any time and without notice make changes in, temporarily suspend or permanently discontinue the products or services described on the Site.
SME and its respective contractors, both individually and collectively, make no representations with respect to the contents hereof and specifically disclaim any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application or purpose. The material provided on the Site is designed for educational and purposes only. The contents of the Site, such as text, graphics, images, information obtained from SME’s licensors, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the SME Site. If you think you may have a medical emergency, call your doctor or 911 immediately. SME does not recommend or endorse any specific tests, procedures, or other information that may be mentioned on the Site. Reliance on any information provided by SME or SME employees or contractors are solely at your own risk.
SME also may use web beacons to collect non-personal information about your use of the Site and the sites of certain third-party advertisers and sponsors and your use of special promotions or newsletters. Used in combination with cookies, a web beacon is an often-transparent graphic image, usually no larger than 1 pixel x 1 pixel that is placed on a site or in an e-mail that is used to monitor the behavior of the user visiting the site or sending the e-mail. The information collected by web beacons allows SME to statistically monitor how many people are using the Site.
The third-party advertisements and content on, and sites hyperlinked to or from, the Site are provided solely as a convenience to you and are not under the control of SME. SME may select certain third-party sites, advertisements or content as priority responses to search terms that you enter on the Site and may allow advertisers to respond to certain search terms that you enter on the Site with third-party sites, advertisements or content. SME may frame third-party advertisements or content on the Site. SME does not endorse and has not reviewed any or all of the third-party advertisements or content on, or sites hyperlinked to or from, the Site. SME does not make any representations or warranties regarding, and is not responsible for, the content or accuracy of any third-party advertisements or content on, or sites hyperlinked to or from, the Site. The products and services which can be accessed, purchased or obtained through such third-party advertisements, content and sites are from persons or entities other than SME. Transactions with respect to such products or services are between you and such third parties and are not the responsibility of SME. SME does not make any, and hereby disclaims all, representations or warranties of any kind, including, without limitation, the warranties of non-infringement, merchantability or fitness for a particular purpose, with regard to such services and products. If you chose to hyperlink to or from any third-party site hyperlinked to or from the Site, then doing so shall be at your own risk and SME recommends that you carefully review such third-party sites’ terms and conditions and security and privacy policies, as they may differ from those of SME.
SME may combine, in a non-identifiable format, the protected health information you provide together with information provided by other users to create aggregate data that may be disclosed to third parties. Aggregate data does not contain any information that could be used to contact or identify you. SME may also send your protected health information in a form that cannot be used to personally identify or contact you to a data warehouse for analysis of health trends and effectiveness of health programs.
SME does not authorize the downloading or exportation of the Information to any jurisdiction which prohibits the downloading or exportation of such Information or to any jurisdiction prohibited by United States export control laws.
Choice Of Law, Jurisdiction, And Venue
The Site, the Information, the Terms and Conditions, any suit, claim, action or proceeding arising out of, or with respect to, any of the foregoing, or any judgment entered by any court in respect thereof, shall be governed by and construed in accordance with the laws of the State of California, without regard to its principles of choice of laws. Any suit, claim, action or proceeding arising out of, or with respect to, the Site, the Information or the Terms and Conditions, or any judgment entered by any court in respect thereof, shall be brought exclusively in the courts of the State of California. All parties hereby consent to personal jurisdiction in the State of California, acknowledge that venue is proper in the courts of the State of California, or in the United States District Court, and waive any objections that may exist, now or in the future, with respect to any of the foregoing.
SME may at any time and without notice revise the Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
In the event that any one or more of the provisions contained in the Terms and Conditions shall be declared invalid, void or unenforceable, the remaining provisions of the Terms and Conditions shall remain in full force and effect, and such invalid, void or unenforceable provision shall be interpreted as closely as possible to the manner in which it was written.