Terms & Conditions for Use PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE REGISTERING FOR MEMBERSHIP AND/OR USING THIS SITE. By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of Use, do not become a member and do not use this site. MedCare Compare, Inc. ("MedCare Compare") may revise and update these Terms and Conditions at any time. The most recent Terms and Conditions are available for your review on the FAQs pages, and on your Member Profile when you join. Your continued usage of the MedCare Compare website will mean you accept those changes. THE SITE DOES NOT PROVIDE MEDICAL ADVICE CHILDREN'S PRIVACY USE OF CONTENT LIABILITY OF MEDCARE COMPARE AND ITS LICENSORS USER SUBMISSIONS PASSWORDS MEDCARE COMPARE MEMBER SERVICES MEDCARE COMPARE PUBLIC AREAS ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES INDEMNITY GENERAL JURISDICTION NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT COMPLETE AGREEMENT THE SITE DOES NOT PROVIDE MEDICAL ADVICE. The contents of the MedCare Compare Site, such as text, graphics, images, information obtained from MedCare Compare's licensors, and other material contained on the MedCare Compare Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the MedCare Compare Site. If you think you may have a medical emergency, call your doctor or 911 immediately. MedCare Compare does not recommend or endorse any specific health care providers, organizations, clinics, physicians, products, procedures, tests, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by MedCare Compare, MedCare Compare employees, others appearing on the Site at the invitation of MedCare Compare, or other visitors to the Site is solely at your own risk. CHILDREN'S PRIVACY. We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18. USE OF CONTENT. MedCare Compare authorizes you to view or download a single copy of the material on the MedCare Compare Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2006 MedCare Compare, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the MedCare Compare Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with MedCare Compare or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of MedCare Compare. All rights not expressly granted herein are reserved to MedCare Compare and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. .LIABILITY OF MEDCARE COMPARE AND ITS LICENSORS. The use of the MedCare Compare Site and the Content is at your own risk. When using the MedCare Compare Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of MedCare Compare and its suppliers. Accordingly, MedCare Compare 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 MedCare Compare Site. The MedCare Compare Site and the content are provided on an "as is" basis. MEDCARE COMPARE, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, MedCare Compare, its licensors, and its suppliers make no representations or warranties about the following: The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the MedCare Compare Site or MedCare Compare. In no event shall MedCare Compare, its licensors, its suppliers, or any third parties mentioned on the MedCare Compare Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the MedCare Compare Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not MedCare Compare, its licensors, its suppliers, or any third parties mentioned on the MedCare Compare Site are advised of the possibility of such damages. MedCare Compare, its licensors, its suppliers, or any third parties mentioned on the MedCare Compare Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. MedCare Compare, its licensors, its suppliers, or any third parties mentioned on the MedCare Compare Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.   USER SUBMISSIONS. The personal information you submit to MedCare Compare is governed by the MedCare Compare Privacy Policy. To the extent there is an inconsistency between this Agreement and the MedCare Compare Privacy Policy, this Agreement shall govern. PASSWORDS MedCare Compare has tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your MedCare Compare passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of user names and passwords; (2) authorize, monitor, and control access to and use of your MedCare Compare account and password; (3) promptly inform MedCare Compare of any need to deactivate a password. You grant MedCare Compare and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. MedCare Compare cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using MedCare Compare tools and services. MEDCARE COMPARE MEMBER SERVICES If you choose to enroll as a member of MedCare Compare, the following additional terms and conditions will apply. USE OF INFORMATION AS A MEMBER: As a member of MedCare Compare, you will have access to information provided by our health care provider members based on your health insurance plan. This information is intended for you and your dependents' personal use only. Any commercial use or sharing competitive information about MedCare Compare health care provider members is strictly forbidden and violates the terms and conditions of use of this site. If such activity is detected, immediate termination of member services will occur without refund and all other possible legal actions may be pursued. VERIFICATION OF HEALTH INSURANCE: You, your employer, your health insurance company, or your health insurance broker will be responsible and liable for verifying your health insurance plan. MedCare Compare will take all reasonable measures to confirm the applicant's health insurance status and all information submitted in the verification process. Any fraudulent applications or fraudulent use of information will result in immediate termination of member services without refund and all other possible legal actions may be pursued. INFORMATION YOU SUBMIT: You are using the Member Services at your own risk and you, along with your health care provider, are personally responsible for verifying its suitability for your needs. CHARGES AND BILLING: With the exception of Early Group Enrollment, (which is payable by check only), you are responsible for providing a valid credit card number at the time you register for Member Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Member Service account at the prices then in effect. MedCare Compare reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Member Service at any time with at least thirty (30) days' notice. MEMBERSHIP TERM AND PRICING: With the exception of trial memberships, early group enrollment and special offers, your membership term is twelve (12) months from the date you register and MedCare Compare receives valid payment. Early Group Enrollment membership term is twelve (12) months from the date MedCare Compare’s member services are activated for service. The membership term for other special offers are described and accepted upon registration. CANCELLATION: If you cancel your MedCare Compare membership anytime during your membership term, you will not receive a refund. CONTACT US: Questions or comments regarding the MedCare Compare web site, including any reports of non-functioning links, should be directed by email to service@medcarecompare.com. We try to answer every email in a timely manner but are not always able to do so. MEDCARE COMPARE LIVE AND MEMBER TO MEMBER AREAS ("PUBLIC AREAS"). In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions: 1. Using a Public Area for any purpose in violation of local, state, national, or international laws; 2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; 3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by MedCare Compare in its sole discretion; 4. Posting chain letters or pyramid schemes; 5. Impersonating another person; 6. Distributing viruses or other harmful computer code; 7. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent; 8. Allowing any other person or entity to use your identification for posting or viewing comments 9. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of MedCare Compare, exposes MedCare Compare or any of its customers or suppliers to any liability or detriment of any type. MedCare Compare reserves the right (but is not obligated) to do any or all of the following: 1. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s). 2. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions. 3. Terminate a user's access to any or all Public Areas and/or the MedCare Compare Site upon any breach of these Terms and Conditions. 4. Monitor, edit, or disclose any communication in the Public Areas. 5. Edit or delete any communication(s) posted on the MedCare Compare Site, regardless of whether such communication(s) violate these standards. MedCare Compare or its licensors have no liability or responsibility to users of the MedCare Compare Site or any other person or entity for performance or nonperformance of the aforementioned activities   ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES. MedCare Compare may provide links to third-party web sites. MedCare Compare also may select certain sites as priority responses to search terms you enter and MedCare Compare may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. MedCare Compare does not recommend and does not endorse the content on any third-party web sites. MedCare Compare is not responsible for the content of linked third-party sites, sites framed within the MedCare Compare Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites. MedCare Compare does not endorse any product advertised on the MedCare Compare Site.   INDEMNITY. You agree to defend, indemnify, and hold MedCare Compare, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.   GENERAL. MedCare Compare is based in Minneapolis, Minnesota, in the United States of America. MedCare Compare makes no claims that MedCare Compare and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the MedCare Compare Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement. JURISDICTION. You expressly agree that exclusive jurisdiction for any dispute with MedCare Compare, or in any way relating to your use of the MedCare Compare Site, resides in the courts of the State of Minnesota and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Minnesota in connection with any such dispute including any claim involving MedCare Compare or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT: If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting MedCare Compare (identified on the Contact Us page) and providing the following information: 1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. 2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. 3. Your name, address, telephone number and (if available) e-mail address. 4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. 5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf. 6. A signature or the electronic equivalent from the copyright holder or authorized representative. COMPLETE AGREEMENT. Except as expressly provided in a particular "legal notice" on the MedCare Compare Site, these Terms and Conditions and the MedCare Compare Privacy Policy and Agreement constitute the entire agreement between you and MedCare Compare with respect to the use of the MedCare Compare Site, and Content. Thank you for your cooperation. We hope you find the MedCare Compare Site helpful and convenient to use! Questions or comments regarding this web site, including any reports of non-functioning links, should be submitted using our Feedback Form. We try to answer every email in a timely manner but are not always able to do so. © 2006 MedCare Compare Inc. All rights reserved.