Please note that if you are an existing customer or supplier of the PFM, these Terms are not intended to replace or modify those contained in your customer or vendor agreements. In case of an inconsistency, the terms and conditions of your written agreements will prevail over these Terms. PFM’s products and services may be subject to separate terms and conditions which govern their use.
This Site is Not a Source of Medical Advice
The information on the Site is presented in summary form, is general in nature, and is provided for informational purposes only; it is not intended nor recommended as a substitute for professional medical advice. You should not use the Site for diagnosing a health or fitness problem or disease. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on the Site is intended to be for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on this Site.
You remain fully responsible for the materials that you provide to us, including without limitation comments, photographsand videos (“User Submissions”). You agree not to provide User Submissions that:
- infringe on the copyright, trademark, patent or other intellectual property rights of any third party;
- are false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually-explicit;
- violate a third party’s right to privacy or publicity;
- degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
- contain epithets or other language or material intended to intimidate or to incite violence; or
- violate any applicable local, state, national, or international law.
You may only submit User Submissions that are original, that you own, or that you otherwise have the right to submit. You grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sublicensable license to publish, reproduce, distribute, display, perform, edit, adapt, modify, and otherwise use your User Submissions (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed, including advertising or promotional materials. You hereby waive any moral rights you may have in your User Submissions. You represent that you have obtained the consent of all individuals who are identifiable in your User Submissions, or of the individual’s parent or legal guardian if the individual is under 18 years old, to include the individual’s likeness in your User Submissions and for us to enjoy all of the rights and privileges that you grant to us under the Terms.
You understand and agree that we are not responsible for any User Submissions and will have no liability for the content of any such communications. We are not obligated to publish or use your User Submissions. We may, but are not obligated to, monitor, review, edit, remove, delete, or disable access to your User Submissions at any time, without prior notice and in our sole discretion, for any or no reason.
You may not access or use, or attempt to access or use, the Site to take any action that could harm us or any third party, interfere with the operation of the Site, or use the Site in a manner that violates any laws. For example, and without limitation, you may not:
- impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
- engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site;
- distribute any unauthorized materials or advertise or promote goods or services without our permission (including, without limitation, by sending spam);
- frame, deep link to, or mirror the Site; or
- engage in any other conduct that restricts or inhibits any person from using or enjoying the Site, or that, in our sole judgment, exposes us or any of our users, affiliates, suppliers, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Site for any or no reason at any time without notice.
Our Intellectual Property
The Site, including without limitation the selection, coordination, and arrangement of materials available on the Site, and any code or software for the Site, is owned either by the PFM or its licensors and is protected by copyright and other intellectual property laws including without limitation the sui generis rights relating to the protection of databases. Except for User Submissions that you provide to us or as otherwise explicitly authorized under these Terms, you may not modify, edit, adapt, copy, reproduce, republish, display, perform, post, transmit, distribute, or otherwise exploit in any way the Site, in whole or in part. For materials that we explicitly label as being available for download on the Site, you may download such materials for your own limited, personal, non-commercial use only, provided (i) the materials are not modified, edited, or taken out of context in any way, (ii) you keep intact all copyright and other proprietary notices, and (iii) you include the phrase “Used with permission of the Partnership for the Future of Medicare” when you display or otherwise use such materials.
The PFM is the sole owner of all right, title and interest in and to its registered and unregistered trademarks, service marks and logos displayed on the Site (the "Trademarks"). Nothing in the Terms or on the Site grant you, by implication, estoppel, or otherwise, any license or right in and to the Trademarks. Please note that the names of the products, companies, governments, and organizations mentioned on this site may be trademarks of their respective owners.
Procedures for Notices of Claimed Copyright Infringement
We respect the intellectual property rights of others and we ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information in writing by contacting our designated agent, firstname.lastname@example.org:
- an electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner’s behalf;
- a description of the copyrighted work or a representative list of copyrighted works that you claim have been infringed;
- a description of the allegedly infringing material and information reasonably sufficient to permit us to locate the material that you claim is infringing on the Site;
- your name, address, telephone number and email address, if available, so that we may contact you if necessary;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are duly authorized to act on the copyright owner’s behalf.
We will terminate the privileges of users who repeatedly infringe copyright. Please note that United States law provides significant penalties for falsely submitting a notice of copyright infringement.
Public and Unsolicited Information
The Site may provide opportunities to provide the PFM feedback regarding the Site. However, the PFM and its employees do not accept or consider other unsolicited ideas or information, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, new product names, original creative artwork, samples, demos, or other works (“Unsolicited Information”). Please do not send any Unsolicited Information to PFM.
If, despite our request that you not send us Unsolicited Information, you still send us Unsolicited Information, including without limitation by posting Unsolicited Information on the Site, all such Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY, and the PFM and its affiliates are free to use such information for any purpose and in any manner whatsoever.
Links to Other Websites
The Site may frame or contain references or links to other websites or content that are not controlled by the PFM (the “Third Party Sites”). These references and links to the Third Party Sites are provided for your reference and convenience only, and do not imply any review or endorsement of the material on these Third Party Sites or any association with their operators. The PFM is not responsible for the content of these Third Party Sites. The Third Party Sites (and any Websites to which they link) may contain information about uses of products that have not been approved or cleared by the Food and Drug Administration. The PFM does not endorse any usage of products as featured on Third Party Sites. The Third Party Sites (and the Websites to which they link) may contain information that is inaccurate, incomplete, or outdated. Your access and use of the Third Party Sites (and any Websites to which they link) is solely at your own risk. Please note that Third Party Sites are governed by their own terms and conditions and privacy policies. We recommend that you carefully read those documents before using Third Party Sites.
Dealings with Advertisers
Your dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree that we are not responsible nor shall we be liable for loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertiser on the Site.
Disclaimer of Warranties
THE SITE AND ANY INFORMATION OR CONTENT ON THE SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE SITE, INFORMATION, OR CONTENT. THE PFM AND ITS AFFILIATES DO NOT WARRANT THE TITLE, ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE, INFORMATION, OR CONTENT, AND WE HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. THE PFM DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL THE PFM, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE OR YOUR RELIANCE ON ANY INFORMATION OR CONTENT. THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE PFM OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE PFM AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS IN THE AGGREGATE. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THE TERMS SHALL REMAIN IN EFFECT. Any action on any claim against the PFM must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.
In the event that any legal action is taken resulting from (i) your use of the Site or information or content included on the Site, including your breach of these Terms, or (ii) any Unsolicited Information provided by you, you agree to defend, indemnify, hold harmless and pay any reasonable legal and accounting fees without limitation incurred by the PFM, its affiliates, its and their directors, officers, employees, agents, investors or licensors. The PFM shall have the right, at its option and expense, to participate in the defense and/or settlement of any claim or action, or to assume the exclusive defense and control of any matter otherwise subject to indemnification by you without relieving your indemnification obligations. In no event shall you settle any suit or claim imposing any liability or other obligations on the PFM without its prior written consent.
The Site is administered by the PFM from the District of Columbia in the United States. The Site and its contents are designed to comply with United States laws and regulations and are intended for use by United States residents only. We do not intentionally provide access to the Site to individuals located outside the United States. Access to the Site may not be legal by certain persons or in certain countries outside of the United States. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Materials published on this Site may refer to products or services that are not available in your country. Furthermore, the PFM makes no representation that the materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from countries where their contents are illegal is prohibited. You should not construe anything on the Site as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country in which you are located.
The Terms and any claim relating to the Site shall be governed by and construed in accordance with the laws of the District of Columbia, United States of America, without reference to any conflict of law principles. You hereby consent to venue in and jurisdiction of the state and federal courts sitting in the District of Columbia (United States).
The Terms constitute the entire agreement between you and the PFM with respect to your access to and use of the Site. All provisions of the Terms pertaining to indemnification, disclaimer or warranties, limitation of liability and proprietary rights shall survive the termination of the Terms for any reason. If any provision of the Terms is invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that closely matches the intent of the original provision. Any failure by us to exercise or enforce any right or provision under the Terms shall not constitute a waiver of such right or provision, and no waiver by the PFM of any right under or provision of the Terms shall be deemed to be either a waiver of any other such right or provision of a waiver of that same right or provision at any other time. All rights not expressly granted herein are hereby reserved.