Please Read This Terms of Use Agreement Before Accessing This Website.
Effective Date: May 22, 2008

This Terms of Use Agreement sets forth the standards of use of the Medx Publishing, Inc. (“Medicaremd.com”) Online Service. By using the Medx Publishing, Inc. website (“Medicaremd.com Site,” or the “Site,”) you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Medicaremd.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Medicaremd.com is providing Member with a range of information and tools relating to Medicare coverage, health and wellness. There are articles, tools, images, and other content (“Content”) written by us or commissioned from medical writers; content we have licensed from well respected sources and/or partners such as Healthwise, Inc. The Content we write and commission is written by insurance coverage experts, medical and health experts and reviewed by insurance and medical experts before it is posted. Content provided by our partners is also, where appropriate, subject to review by health and medical experts. We accept advertising on the Site, but try to be responsible in what we will and won’t accept. We make sure that all ads are clearly marked. Everything we offer on the Site is referred to in these Terms of Service collectively as “the Services.” Most of what’s on the Site is viewable without registering with us, but to actively participate or store your information, you must register as a member. Review our Privacy Policy, Posting Guidelines, Editorial Policy, and Advertising Policy for additional information on how we do business.

2. This Site Does Not Provide Medical Advice

The contents of the Medicaremd.com, such as text, graphics, images, information obtained from Medicaremd.com’s licensors, and other material contained on the Medicaremd.com 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 Medicaremd.com! If you think you may have a medical emergency, call your doctor and/or 911 immediately. Medicaremd.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Medicaremd.com, Medicaremd.com employees, others appearing on the Site at the invitation of Medicaremd.com, or other visitors to the Site is solely at your own risk.

3. We Are Not Associated With Any Government Nor Do We Claim To Be

This website is a private website and is not, associated, endorsed or authorized by the Social Security Administration, the Health Care Financing Administration, the Department of Health and Human Services or the Center for Medicare and Medicaid Services nor do we claim to be. This site contains basic information about Medicare, services related to Medicare and services for people with Medicare. There are several publicly funded health services in various countries called Medicare:

  • Medicare (Australia) is a comprehensive public health program, administered by Medicare Australia. Visit their website at www.medicareaustralia.gov.au
  • Medicare (Canada) is a comprehensive, universal (for all the citizens and permanent residents in the country) public health financing system. Visit their website at www.hc-sc.gc.ca
  • Medicare (United States) is a publicly funded health insurance program generally for the elderly and disabled. Visit their website at www.Medicare.gov

4. Conditions & Treatments

The information in the Conditions & Treatments area is designed to help you become a more informed health care consumer. All Content we post has been reviewed in conformance with our Editorial Policy. The information in this area supplements, but is not a substitute for, the care or advice provided by your health care providers. You should always speak to your health care provider before beginning, changing or stopping any medication or nutritional, dietary, herbal or homeopathic supplement or adopting any treatment for a health problem. You are solely responsible for any decisions or actions you take based on the information in the Conditions and Treatments area, including choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments.

5. Disclaimer of Warranties.

The site is provided by Medicaremd.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Medicaremd.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Medicaremd.com shall have no liability for any interruptions in the use of this Website. Medicaremd.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

6. Limitation of Liability

MEDICAREmD.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MEDICAREmD.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MEDICAREmD.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

7. Indemnification

Member agrees to indemnify and hold Medicaremd.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

8. Modifications and Interruption to Service

Medicaremd.com reserves the right to modify or discontinue the Service with or without notice to the Member. Medicaremd.com shall not be liable to Member or any third party should Medicaremd.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Medicaremd.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

9. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

10. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Medicaremd.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Medicaremd.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

11. Governing Jurisdiction of the Courts

Our website is operated and provided in the State of Tennessee. As such, we are subject to the laws of the State Tennessee, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Tennessee.

12. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

13. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 Medx Publishing, Inc., the operator for Medicaremd.com, with all rights reserved, or is the property of Medicaremd.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Medicaremd.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Medicaremd.com. Medicaremd.com by Medx Publishing™ are proprietary marks of Medx Publishing, Inc. doing business as Medicaremd.com. Medicaremd.com’s trademarks may not be used in connection with any product or service that is not provided by Medicaremd.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Medicaremd.com. All other trademarks displayed on Medicaremd.com’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Medicaremd.com.

14. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Medicaremd.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:
Medx Publishing, Inc.
Attn: Officer of Privacy 725 Cool Springs Blvd, Suite 600
Franklin, TN 37067
CustomerHelp@Medicaremd.com

15. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Medicaremd.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.