Medicare's Most Wanted

MEDICARESMOSTWANTED.COM - MEDICARESMOSTWANTED.BLOGSPOT.COM

TERMS OF USE, USERS AGREEMENT, PRIVACY & COPYRIGHT INFORMATION
Last Update: 09-30-2009

1. ACCEPTANCE OF TERMS – MEDICARESMOSTWANTED.COM and MEDICARESMOSTWANTED.BLOGSPOT.COM (referred to hereafter as "PROVIDER") provides a collection of news stories related to Medicare and Medicaid fraud, (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"). By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular services, you agree to abide by any applicable posted guidelines for all PROVIDER services, which may change from time to time.  Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with PROVIDER in any way, your only recourse is to immediately discontinue use of PROVIDER.

2. MODIFICATIONS TO THIS AGREEMENT - We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. CONTENT of REPLIES - You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all content that you post, email or otherwise make available via the Service. You understand that PROVIDER does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the PROVIDER site and Content available through the Service may contain links to other websites, which are completely independent of PROVIDER. PROVIDER makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will PROVIDER be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that PROVIDER does not pre-screen or approve Content, but that PROVIDER shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

4. COPYRIGHT - The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by "Limited License," below, is strictly prohibited. If you do so without a license, you hereby agree to pay us a fee of $7,500.00 per violation, payable within 30 days. You do not acquire ownership rights to any article, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

5. COPYRIGHTED WORK OF THIRD PARTIES - Some of the content on the Site may be the copyrighted work of third parties. The fair use of a copyrighted work, for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright. This constitutes a 'fair use' of any such copyrighted material as provided for in Title 17 U.S.C., § 107 of the US Copyright Law. This material is distributed for nonprofit educational purposes. If you are the copyright owner and you disagree with PROVIDER use of your copyrighted material, please email the webmaster and he will replace any such material from the website.

6. THIRD PARTY CONTENT, SITES, AND SERVICES - The PROVIDER site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of PROVIDER, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.  Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that PROVIDER shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that PROVIDER is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release PROVIDER, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

7.  NOTIFICATION OF CLAIMS OF INFRINGEMENT - If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify PROVIDER agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at webmaster@medicaresmostwanted.com or: Copyright Agent - PROVIDER - 4012 S. Rainbow Blvd., #K-594, Las Vegas, NV 89103 - Please provide our Agent with the following Notice: a) Identify the material on PROVIDER site that you claim is infringing, with enough detail so that we may locate it on the website; b) 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; c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) Your address, telephone number, and email address; and e) Your physical or electronic signature. PROVIDER will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

8. PRIVACY AND INFORMATION DISCLOSURE - Your use of the PROVIDER website, blog or the Service signifies acknowledgement of agreement to our Privacy Policy. Privacy for viewers of our website “PROVIDER” is a priority concern. Viewers can surf our website anonymously and be assured that his or her privacy will not be violated. PROVIDER does not collect and sell personal information to any other outside parties. Our website traffic software is configured to collect page viewing information that is used in aggregate form to promote our website to advertisers and to help direct our promotional efforts. PROVIDER will not disclose users information unless to comply with legal process related to stalking, harassment, threats against the general public and/or threats against the United States of America. 

9. CONDUCT -You agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that impersonates any person or entity, including, but not limited to, a craigslist employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.); e) that includes personal or identifying information about another person without that person's explicit consent; f) that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch"; g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; h) that constitutes or contains  "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the PROVIDER sites which are not designated for such purposes; or emailed to PROVIDER users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. j) that includes links to commercial services or web sites, except as allowed in "services"; k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Nevada law. l) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; m) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: o) contact anyone who has asked not to be contacted; p) "stalk" or otherwise harass anyone; q) collect personal data about other users for commercial or unlawful purposes; r) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by PROVIDER; s) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; t) attempt to gain unauthorized access to PROVIDER computer systems, blogs and message board forums or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the PROVIDER website; or w) use any form of automated device or computer program that enables the submission of postings on PROVIDER blog without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

10. NO SPAM POLICY - You understand and agree that sending unsolicited email advertisements to PROVIDER users or email addresses or through the PROVIDER’s computer systems are expressly prohibited by these Terms. Any unauthorized use of PROVIDER computer systems or message boards is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

11. LIMITATIONS ON SERVICE -You acknowledge that PROVIDER may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings and messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that PROVIDER has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that PROVIDER reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that PROVIDER shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. ACCESS TO THE SERVICE - PROVIDER grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by PROVIDER. A limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in message board listings or in any subset of personals classified listings. PROVIDER permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media).  If the total number of such postings displayed or linked to on your website exceeds five hundred (500) postings, your use will be presumed to be in violation of these Terms, absent express permission granted by PROVIDER to do so.  You may also create a hyperlink to the home page of PROVIDER website so long as the link does not portray PROVIDER, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. PROVIDER may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. PROVIDER permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to PROVIDER as the source, (d) your use or display does not suggest that PROVIDER promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden PROVIDER systems.  PROVIDER reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of the Service beyond the scope of authorized access granted to you by PROVIDER immediately terminates said permission or license.  In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from PROVIDER.

13. TERMINATION OF SERVICE -You agree that PROVIDER, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if PROVIDER believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that PROVIDER shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of these Terms.

14. PROPRIETARY RIGHTS - The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of PROVIDER. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of PROVIDER, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service PROVIDER is a registered mark in the U.S. Patent and Trademark Office. Although PROVIDER does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to PROVIDER an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant PROVIDER all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

15. DISCLAIMER OF WARRANTIES - YOU AGREE THAT USE OF THE PROVIDER SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. PROVIDER SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CRAIGSLIST SITE AND THE SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PROVIDER SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE PROVIDER.  TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PROVIDER OR THE SERVICE.  Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

16. LIMITATIONS OF LIABILITY - UNDER NO CIRCUMSTANCES SHALL PROVIDER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PROVIDER SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MEDICARESMOSTWANTED.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE PROVIDER SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PROVIDER SITE OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PROVIDER SITE OR THE SERVICE OR ANY LINKS ON THE PROVIDER SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PROVIDER SITE OR THE SERVICE OR ANY LINKS ON THE PROVIDER SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.

17. INDEMNITY -You agree to indemnify and hold PROVIDER, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

18. ARBITRATION OF DISPUTES - The Terms constitute the entire agreement between you and PROVIDER and govern your use of the Service, superseding any prior agreements between you and PROVIDER. Any and all disputes arising out of or related to these Terms of Use and/or your relationship with PROVIDER and/or your use of the blog shall be submitted to binding arbitration according to the rules of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. All parties submit to exclusive jurisdiction in Las Vegas, Clark County, Nevada. The arbitration shall take place exclusively in Las Vegas, Clark County, Nevada at American Arbitration Association or Nevada Arbitration Association before a retired judge and shall be governed by Nevada law without regard to its conflict of law provisions.