These Terms of Use (“Terms”) set forth the terms and conditions governing your use of the PartBAccess.com website, mobile app and any other services that link to these Terms (the “Services”), which is presented by the Part B Access for Seniors and Physicians Coalition (the “Coalition”). These Terms are a legal contract between you and the Coalition, governing your access to and use of the Services. Please read the Terms carefully before using the Services. By using the Services, you acknowledge that you have read, understood, and accept, without limitation or qualification, these Terms. Do not use the Services if you do not accept these Terms.
The Services are designed to comply with laws and regulations of the United States and are intended for access and use by U.S. residents only.
I. The Services Do Not Provide Medical Advice
The information provided on the Services is for informational and/or educational purposes only. We are not engaged in rendering medical or similar professional services or advice via the Services, and the information provided is not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. You should consult a physician or other medical professional for advice regarding any medical condition or treatment thereof. Your reliance upon any content or information provided through the Service is solely at your own risk. You should not construe the Coalition’s publication of any such content as an endorsement by the Coalition of the views expressed in it, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of the content.
II. Amendments to These Terms
The Coalition may modify or change these Terms at any time with or without prior notice to you. You should visit this page periodically to review the current Terms; the date of the last update will be posted at the top of these Terms for your convenience. Your continued use of the Services following the posting of any changes to the Terms constitutes your acceptance of those changes. If at any time you do not agree with these Terms, you must immediately stop using the Services.
III. Restrictions on Use
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. Without limiting the foregoing, you agree not to:
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
- Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
- Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services;
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our users’ computers or systems; or
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services at any time without notice.
IV. Submissions
If you submit information or materials to us (including without limitation ideas, know-how, concepts, techniques, feedback, data, questions, comments, suggestions, strategies, artwork, statistics, graphs, processes, plans, freeware, scripts, code or vulnerabilities), you grant the Coalition an unrestricted, perpetual, irrevocable, royalty free, worldwide, transferable and sublicensable license to use in any way for any commercial or non-commercial purpose, including without limitation the right to reproduce, copy, display (publicly or otherwise), perform (publicly or otherwise), modify, transmit, distribute, edit, reformat, translate, and make derivative works from those materials or information. You understand that you will not be compensated or credited for any such use. You agree that you shall have no recourse against the Coalition nor any right to license fees or royalties for any alleged or actual infringement or misappropriation of any property included in your communications to us.
V. Registration
You may be asked to register for certain activities in connection with the Services by creating a user profile. When you register, you agree to provide accurate, current and complete information about yourself as requested or directed on the Service and to promptly update this information to maintain its accuracy. The Coalition may suspend or terminate any account or other registration and to refuse any and all current or future use of the Services if it suspects that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username that you are given or select in connection with the Services, and you are responsible for all activities that occur under your password or account.
VI. Intellectual Property
All content, information, materials, text, images, audio, video, computer code and software appearing on the Service (collectively, the “Content”) is the property of the Coalition or third parties. No title or ownership rights are transferred to you under these Terms, and nothing herein shall be construed as a license to you under any Coalition patent, trademark, copyright, or trade secret. You may access, use and display the Services without modification or alteration in any way, and only so long as you comply with these Terms. You may access, use and display the Services on a single computer or device and download and print copies of the Content only for non-commercial, informational, personal use in seeking information about and applying for financial assistance for prescription medication on behalf of you or another.
- Copyright. The Content is protected under the copyright laws of the United States and other countries. All copyrights in the Service are owned by the Coalition or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. Unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way exploit any part of the Content except that you may make use of the Content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Content. To obtain written consent to use a copyrighted work, please contact please contact use by using the feedback form. Copying or downloading these materials for anything other than your personal use in seeking information about financial assistance for prescription medication on behalf of you or another is a violation of these Terms of Use and may be a violation of copyright laws.
- Trade and Service Marks. All rights in product names, the Coalition name, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Coalition products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to the Coalition or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of the Coalition, its affiliates, or any third party. To obtain written permission to use the trade and service mark rights of the Part B Access Coalition, please contact use by using the feedback form.
VII. Disclaimer of Warranties
Your use of the Services is at your own risk. The Services, including text, graphics, links, or other items, are provided “as is.” We make no representations or warranties about the operation of the Services or the information, materials, goods, or services appearing or offered on the Services. Without limiting the generality of the foregoing, we disclaim all warranties, express, statutory, or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement of any third party intellectual property or proprietary rights, freedom from computer virus, and any warranties relating to the accuracy, reliability, correctness, or completeness of the information made available on the Service. Further, we make no warranty that the Services will meet your needs or requirements or the needs or requirements of another person. The Coalition does not warrant that the Services, Content, functions, or materials contained therein will be timely, secure, accurate, complete, up-to-date, free of viruses or errors, or uninterrupted.
If applicable law does not allow the exclusion of some or all of the above implied warranties, those exclusions will apply to you to the fullest extent permitted by applicable law.
VIII. Links to the Service
You may link to the Services subject to the following restrictions. You agree that you will not (a) include links to any page other than PartBAccess.com; (b) “frame” or impose editorial comment, commercial material or any type of identification on or in proximity to content displayed on PartBAccess.com; (c) alter or modify content, “cut and paste” or otherwise reproduce content on the website that links to the Services; (d) misrepresent your relationship with the Coalition or the Services website or imply that the Coalition has any connection with, or is endorsing or sponsoring, you or your website; or (e) present false, misleading or defamatory information about the Coalition or its services. You further agree that you will not link to the Services if content on the linking site contains defamatory, obscene, pornographic or patently offensive material. The Coalition may revoke its authorization for you to link to the Services at any time for any reason, and you agree to remove any and all links to the Services upon notice by the Coalition.
IX .Links to other Sites
The Services may link you to other websites on the Internet that are operated and maintained by third parties and that are not under the control or responsibility of the Coalition. Such links do not constitute an endorsement by the Coalition of those other websites, the content displayed therein, or the persons or entities associated therewith. These Terms do not apply to this third-party content. We encourage you to review the terms of use of these third-party websites or services.
X. Limitation of Liability
In no event will the Coalition, its affiliates, or any party involved in creating, producing, or delivering the Services be liable for any direct, indirect, special, incidental, consequential or punitive damages, lost profits, or other damages or losses whatsoever arising out of your access, use, misuse, or inability to use the Services, Content, or any sites linked from the Services, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if the Coalition has been advised of the possibility of such damages or losses, or in connection with, any interruption in availability of the Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Coalition’s liability in such jurisdictions shall be limited to the extent permitted by law. If you are dissatisfied with the Services, your sole remedy is to stop using the Service.
XII. Indemnification
You agree to indemnify, defend, and hold harmless the Coalition, its subsidiaries, affiliates, successors, parent companies, directors, officers, employees, contractors, service providers, agents and the assigns of same from and against any demands, claims, damages, liabilities, judgements, losses, costs, expenses and harms, including reasonable attorneys’ fees, related to or associated with your use of the Services, online conduct, any violation of these Terms, or dealings or transactions with other persons resulting from use of the Services.
XIII. Separate Terms and Conditions
In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Service. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.
XIV. Termination
The Coalition may terminate this agreement for any reason at any time. The Coalition reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Service, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. The Coalition also reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use.
XV. Integration & Severability
In the event any provision of these terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
XVI. No Waiver
Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
XVII. Location, Governing Law and Arbitration
Your access to and use of the Services under these Terms are governed by and will be construed in accordance with the law of the District of Columbia and the United States without regard to principles of conflicts of laws. By using the Service, you waive any claims that may arise under the laws of other countries or territories.
With respect to any and all disputes arising out of or in connection with the Service, these Terms, or Privacy Policy, the Coalition and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and the Coalition do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor the Coalition will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
The Coalition and you agree that all disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in the District of Columbia. The arbitrator’s award shall be binding and may be entered as a judgement in a court of competent jurisdiction. You agree that the Coalition may seek any interim or preliminary relief from a court of competent jurisdiction in the District of Columbia, necessary to protect its rights or property pending the completion of arbitration.
To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute isn’t filed within one year, it is permanently barred.
If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.
XVIII. Product Questions
The Coalition is a coalition that does not manufacture or market any pharmaceuticals. If you have questions or concerns about a pharmaceutical product, please contact the manufacturer or the FDA at 1-800-FDA-1088.
XIX. Contact Us
If you have any questions about these Terms of Use, please contact use by using the feedback form.
