Site Terms

By using this Site, you agree to be bound by these Terms of Use (“Terms”) as they may be periodically amended and modified from time to time. You should check these Terms for any changes each time you use the Site. Medicare Nerds LLC ("Medicare Nerds",“we”, “us” and “our”) is the operator of this Site. This Site is made available to you on the precondition that you accept all of the terms and conditions contained herein. Please do not use this Site if you do not agree with and accept these terms. By continuing to use this Site you are accepting and consenting to be governed by these Terms.

The information on this Site is intended for general informational purposes and should not be relied on as the sole basis for making decisions. Medicare Nerds does not guarantee that the information contained on this Site is current, accurate or complete. You rely on the material on this Site at your own risk. We reserve the right to change the contents of this Site at any time and for any reason and shall not have any obligation to update any information contained on this Site. No employment, partnership, agency of joint venture relationship exists between Medicare Nerds and you as a result of your use of this Site or these Terms.

Prohibited Uses

Medicare Nerds reserves the right, at its discretion, to refuse or terminate a person’s registration, or deny access to this Site. Medicare Nerds grants you a license to use this Site and such license is revocable by us, and in our sole discretion, at any time and for any reason. You are prohibited from using, modifying, distributing, broadcasting, transferring, transmitting, uploading, licensing, selling, reverse engineering or creating derivative works from any trademarks or Content on this Site. You are also prohibited from using the Site to compete with Medicare Nerds.

Disclaimers and Limitation of Liability

THIS SITE IS PRESENTED ON AN “AS IS” BASIS AND YOU ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. Medicare Nerds RESERVES THE RIGHT TO LIMIT OR RESTRICT YOUR ACCESS TO THE SITE IN ANY WAY AND AT ANY TIME. Medicare Nerds EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY TYPE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: 1) IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY; 2) WARRANTIES IMPLIED FROM A COURSE OF DEALING OR PERFORMANCE; 3) WARRANTIES THAT THE SITE OR THE SITE’S SERVER WILL BE FREE FROM VIRUSES; 4) THAT INFORMATION ON THE SITE WILL BE TIMELY, COMPLETE OR ACCURATE; OR 5) THAT THE SITE SHALL BE SECURE AND ERROR FREE.

BY USING THIS SITE YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL CONSEQUENCES RESULTING FROM YOUR USE OF THIS SITE. YOU AGREE, ACKNOWLEDGE AND ACCEPT: 1) THAT YOU DID NOT HAVE TO PAY TO USE THIS SITE; 2) THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, Medicare Nerds, ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR ANY DAMAGES OF ANY KIND ARISING FROM: A) LOSS OF DATA OR DAMAGE TO YOUR COMPUTER THAT RESULTS FROM ANY MATERIALS YOU DOWNLOAD FROM THIS SITE, YOU DOWNLOAD AT YOUR OWN RISK; B) ANY ACTIONS TAKEN BY US OR WHICH WE FAIL TO TAKE REGARDING COMMUNICATIONS YOU SEND TO US; C) YOUR INABILITY TO USE THIS SITE; D) ANY PRODUCTS, SERVICES OR OTHER INFORMATION OR MATERIALS FEATURED ON THIS SITE, OR THE REMOVAL THEREOF; E) OR ANYTHING ARISING OUT OF YOUR USE OF THIS SITE OR ANY WEBSITE YOU ACCESS THROUGH THIS SITE. Medicare Nerds WILL NOT PROVIDE, AND YOU SHOULD NOT CONSTRUE ANY COMMUNICATION, INFORMATION OR ADVICE OBTAINED THROUGH THIS SITE, WHETHER ORAL OR WRITTEN, AS CREATING ANY WARRANTY OF ANY KIND. THE DISCLAIMERS IN THESE TERMS ARE VALID ONLY WHERE THEY ARE NOT PROHIBITED BY LAW.

Medicare Nerds makes no warranties of any kind regarding web sites which are not operated by Medicare Nerds to which you may be directed or hyperlinked from this Site. These hyperlinks are included by Medicare Nerds for your convenience, and Medicare Nerds makes no representations or warranties with regard to the material on these sites or the suitability, safety or accuracy of any material on such web sites. Medicare Nerds has no responsibility for products or services offered or provided by any third party.

Personal Information

You agree that any personal information that you enter on this Site will be accurate, current and complete. Your name and any personal information submitted shall be treated in accordance with the Medicare Nerds Privacy Policy.

Indemnity

You agree to hold harmless, defend and indemnify Medicare Nerds and any of our affiliates, officers, directors, employees, agents, licensors, contractors, subcontractors, service providers and suppliers against any and all damages, losses, costs, expenses, liabilities, including any all reasonable court costs and attorneys’ fees which result from any violation of these Terms, a technical problem you experience with the Site, or any issues resulting from your use of the Site. Medicare Nerds reserves the exclusive right, at Medicare Nerds’ own expense, to assume control of the defense of any matter for which you would be held responsible for indemnifying Medicare Nerds for any losses incurred. You agree to cooperate with Medicare Nerds in regards to the defense of any such matter. Any claim or cause of action you may have with respect to Medicare Nerds or the Site must be commenced within one (1) year after the claim or cause of action arose.

Applicable Law

This Site is intended to be accessed and used where such access and use is permitted by law. This Site and these Terms are governed by the laws of the State of Hawaii. Medicare Nerds does not guaranty that accessing or using this Site complies with the laws of the jurisdiction in which you are located. It is your responsibility to educate yourself as to the laws of your jurisdiction and act accordingly. By using this Site you are irrevocably consenting to the non-exclusive jurisdiction of the state and federal courts located in the State of Connecticut for purposes of adjudicating any action relating to these Terms and waive any objection to venue or jurisdiction in such actions.

General Information

You understand that these Terms and any other policies posted on this Site shall constitute the entire agreement and understanding between you and us regarding the subject matter thereof (the “Agreement”). You understand that the Agreement shall supersede all other, prior or contemporaneous communications between you and us, whether those communications are oral or written. A printed copy of these Terms shall be admissible, under the same conditions and to the same extent as other business documents and records, in a judicial or administrative proceeding that relates to the use of the Site. If any provision of the Agreement is found to be unenforceable, unlawful or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. You are responsible for periodically checking this Site for any changes to these Terms. Medicare Nerds may amend, alter or change these Terms, in our sole discretion, at any time and for any reason, by posting on this Site a revised version of these Terms. If you continue to use this Site after changes to these Terms are posted then you consent to being governed by such changes. Medicare Nerds' failure to enforce or exercise any provision or right of these Terms shall not be deemed a waiver of such provision or right.

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