Terms of Use

Welcome to our Website, owned and operated by the National Council on Aging ('NCOA'). On our Website, We have included BenefitsCheckUp®, a screening and assessment web service designed to provide information about benefits and programs that seniors may be eligible for due to certain criteria (e.g., past job experience, age, military service, financial status) and, in some cases, to allow seniors the ability to apply for federal subsidy for Medicare Prescription Drug Programs. This Agreement sets forth the Terms of Use which apply to the use of the BenefitsCheckUp® web service. By accessing this Website and using the BenefitsCheckUp® web service, You agree to be bound by the following Terms of Use. If You do not agree to all of these Terms of Use, do not use this site!

Definitions

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

When You access the Website and Service, You represent and warrant that: (i) You have read and understand these Terms of Use; (ii) You have and will access the Website and Service and provide information to NCOA with the bona fide intent to use or to evaluate the Service either for yourself or on behalf of a senior, and not with an ulterior motive, such as to download portions of the Website or Service or to provide information to a third party without express permission by NCOA and/or the applicant; and (iii) in using the Website or Service, You will comply with all applicable international, country, federal, and state laws, rules and regulations.

Misuse of the Website

You violate these Terms of Use when You make any use of the Website or the Service to: (i) infringe or misappropriate the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets and patents; (ii) violate others’ privacy, publicity or other personal rights; (iii) advertise, transmit, store, post, display or otherwise make available pornography or obscene speech or material; (iv) transmit, display or post defamatory, harassing abusive or threatening language; and/or (v) engage in activities, whether lawful or unlawful, that NCOA determines in its sole and unfettered discretion to be harmful to other users of the Website, Website operations, Service, or NCOA’s reputation, goodwill or customer relations.

Limitations on Use

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.

If You violate any of these Terms of Use, your permission to use the Content automatically terminates and You must immediately destroy any copies You have made of any portion of the Content .

Privacy

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 Service and documentation are "commercial items" as that term is defined in 48 C.F.R. 2.101 (October 1995) consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 227.7202-1, 227.7202-3 and 227.7202-4 (June 1995). If You are the U.S. Government or any agency or department thereof, the Service and documentation are subscribers hereunder (i) only as a commercial item, and (ii) with only those rights as are granted to all other end users pursuant to the Terms of Use of this Agreement.

Headings

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

The Terms of Use Agreement posted on the Service contains the entire agreement between the parties relating to the matters contemplated hereby and all prior or contemporary agreements, understandings, representations and statements oral or written, are merged herein. The non-enforcement or waiver of any provision on one occasion shall not constitute a waiver of such provision on any other occasions unless expressly so agreed in writing.

Severability

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.

These Terms of Use are governed by the internal substantive laws of the District of Columbia, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Privacy Statement

These Terms of Use co-exist with our Privacy Statement and together both policies govern the general practices and usage of this Website and Service. Use of this Website and Service at any time shall be deemed conclusive evidence of Your agreement that your license to access and use the Website and Service is governed by these Terms of Use and NCOA’s Privacy Statement. NCOA encourages You to familiarize yourself with both documents. NCOA’s Website Privacy Statement may be found on the same page that contained the link to these Terms of Use.

NCOA is committed to protecting the privacy of children. You should be aware that this Website is not intended or designed to attract children under the age of 13. NCOA does not collect personally identifiable information from any person it actually knows is a child under the age of 13.

Acceptance; Changes to These Terms of Use

NCOA may change these Terms of Use at any time by posting revisions to its Website. Your use of this Website constitutes acceptance of the provisions of these Terms of Use and Your continued usage after such changes are posted constitutes acceptance of each revised Terms of Use. If You do not agree to the terms and condition of these Terms of Use or any revised policy, please exit this Website immediately.

Questions

Please direct any questions You may have about these Terms of Use and/or notify NCOA of any violations by writing to privacy@benefitscheckup.org

Please direct any questions you may have about these Terms of Use and/or notify us of any violations by writing to comments@benefitscheckup.org.