The "Service" shall mean any and all versions of the BenefitsCheckUp® software offered or available on the interactive online service offered by NCOA on the World Wide Web.
"Content" shall mean any and all content available through the Service including without limitation any images, photographs, animations, video, audio, music, text and applets incorporated into the Service.
'You' shall mean the individual who accesses this Website and utilizes BenefitsCheckUp®, including any individual who is utilizing the Content on behalf of a senior.
'Website' shall mean the location, benefitscheckup.org on the World Wide Web which is owned and managed by NCOA.Accessing the Website
All title and copyrights in and to the Service and any Content are owned by NCOA or its suppliers and licensors. All title and intellectual property rights in and to the Content which may be accessed through use of the Service is the property of the respective Content owner and may be protected by applicable copyright or other intellectual property laws and treaties. No ownership of any part of the Service or Content is transferred to You under this Agreement.
You agree not to sell, publish, distribute, retransmit, transfer, display, modify, create derivative works from, or in any way exploit the Content or any portion of it; provided, however, You may print a copy of such Content that results from the use of the Service.
The contents of the Website, such as text, graphics, images, information obtained from NCOA's licensors, and other material contained on the Website Content are for informational purposes only. The Content is not intended to be a substitute for professional advice.
NCOA does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. The Website provides information to help make decisions. The Website cannot make decisions for an individual nor does it determine actual eligibility for the programs contained within its databases. Reliance on any information provided by NCOA, NCOA employees, others appearing on the Website at the invitation of NCOA, or other visitors to the Website is solely at your own risk.
The Service places a "cookie" in the browser files of your computer. The cookie itself does not contain any personally identifying information; however, such cookies could enable NCOA to relate your use of the Service to information that You have specifically and knowingly provided.
If You are located outside the United States, note that information You provide to us is being sent to the United States. By subscribing to the Service, You consent to your data being sent to the United States.LIABILITY OF NCOA AND ITS LICENSORS
The use of the Website and the Content is at your own risk.
NCOA collects benefits and program information from many sources which comprise portions of the Content. Although NCOA routinely contacts its sources for programmatic and/or benefit changes impacting the Content, NCOA does not validate, error check or otherwise confirm the truth, accuracy or timeliness of Content that is provided to NCOA and is posted on the Website or as a result of the Service; or review, edit, censor, or warrant the quality or accuracy of Content that is provided to us that users may acquire from the Website. By making use of the Website or the Service, You agree not to sue or make any claim of any kind against NCOA regarding Content posted or available on the Website or resulting from the Service.
When NCOA becomes aware of harmful activities, in its sole and unfettered discretion, NCOA may take steps to stop the harmful activity, such as removing the offending materials, using screening software to block offending materials, denying the offender access to the Website, or any other action NCOA deems appropriate. NCOA is required to notify law enforcement when it becomes aware of the presence of child pornography on or transmitted through the Website; and to remove or block access to content or postings upon receipt of a proper notice of copyright infringement. It is also NCOA’s policy to terminate users who commit repeat violations of copyright laws. All remedies are non-exclusive.
When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of NCOA and its suppliers. Accordingly, NCOA assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the NCOA Site.No Endorsement
The Service may contain Content related to health or medicine, which are made available for informational purposes only. No Content is intended to be a substitute for professional advice, diagnosis, or treatment. NCOA does not recommend or endorse any specific care facilities, tests, products, procedures, or opinions.
The Service provides information to help make decisions. The Service cannot make decisions for an individual nor does it determine actual eligibility for the programs contained within its databases.
The advice of a physician or qualified provider should be sought for any medical or healthcare questions You may have .Disclaimer of Warranties
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE AND THE CONTENT AVAILABLE THROUGH THE SERVICE IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND NCOA SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND NCOA SPECIFICALLY DISCLAIMS ANY CONDITIONS OF QUALITY AND ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NCOA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE USE OF AND RESULTS OBTAINED FROM THE SERVICE.
NCOA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.Limitations on Liability
All Service Content is provided for informational purposes only. NCOA disclaims any and all responsibility for the Content, the accuracy of such Content and for any decisions that You or your customers, clients or employees may make based on such content.
IN NO EVENT SHALL NCOA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF NCOA, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, NCOA'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES PAID TO NCOA BY YOU FOR THE SERVICE.Linking to the Domains; 'No Framing'
NCOA reserves the right to permit reasonable, good faith and non-defamatory links to the Website so long as: (i) it is clear in the link reference that NCOA has not endorsed the contents of the referring page, and that any statements made have not been reviewed or approved by NCOA; and (ii) no use is made of NCOA’s trademarks (though wordmarks may be used if proper credit is provided on the page). NCOA does not consent to 'framing' its Content inside of any other page without express written permission.Indemnification
You agree to indemnify and hold NCOA and its directors, officers, employees, agents and affiliates harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of any terms or conditions of the Agreement or your violation of any rights of any third party.General Terms
Maintenance, Upgrades and Changes
NCOA may provide upgrades and updates to the Service from time to time. Any modifications will be made in the sole and absolute discretion of NCOA.
NCOA may change, suspend or discontinue any aspect of the Service at any time, including the availability of any feature, database, or other content. NCOA may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.Trademark Information
This Agreement does not grant to You any rights in connection with any trademarks or service marks of NCOA. Without NCOA's prior written consent, You agree not to display or use any trademarks or service marks of NCOA in any manner.U.S. Government Restricted Rights
The headings in this Agreement are for convenience and reference only and are not intended to be used in construing or interpreting any of the provisions of this Agreement.Merger
In the event that any court of competent jurisdiction determines that any provision of this Agreement is unlawful or unenforceable, in whole or in part, then each and all remaining provisions of this Agreement, and any such provision to the extent not determined to be unlawful or unenforceable, shall remain in full force and effect.Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same Agreement.Governing Law Clauses
You expressly agree that exclusive jurisdiction for any dispute with NCOA, or in any way relating to your use of the Website, resides in the courts of the of the District of Columbia and You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the District of Columbia in connection with any such dispute including any claim involving NCOA or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.