Welcome to ARACARES.com. This agreement ("Agreement") is between The Association
of Retired Americans and its subsidiaries and affiliated entities (collectively,
"ARA", "we" or "ours") and you and your agents ("you" or "yours") for the use of
this web site (the "Site"). This Agreement includes any guidelines or rules
posted and updated on the Site by ARA from time to time. By using the Site, you
agree to this Terms and Conditions Agreement. You can review the most current
version of this Agreement at any time at
The Site is owned by ARA. You acknowledge that this website may contain
information, communications, software, photos, text, video, graphics, music,
sounds, images and other material and services (collectively "Content"), which
is generally provided by ARA or by licensors of ARA. You agree and acknowledge
that, notwithstanding that ARA permits access to the Content, the Content or its
use or the use of this Site is protected by patents, copyrights, trademarks, and
other proprietary rights (including intellectual property rights), that these
rights are valid and protected in all media now existing or later developed, and
that except as specifically provided in this Agreement, your use of the Content
shall be governed and constrained by applicable patent, copyright, trademark and
other intellectual property laws. Modification or use of the Site and/or the
Content for any commercial purpose is a violation of patent, copyright and other
owned by ARA and third parties. In addition to ARA’s and its licensors' rights
in individual elements of the Contents, ARA owns a copyright in the selection,
coordination, arrangement and enhancement of the Content. You may not modify,
publish, transmit, participate in the transfer or sale of, reproduce, create
derivative works from, distribute, perform, display, incorporate into another
website, or in any other way exploit the Site and/or any of the Content, in
whole or in part.
In order to obtain access to the Member Service portions of the Site, you must
be a current member of ARA and insert your user name and password. You agree
that you will be responsible for maintaining your user account as confidential
and for any activity that occurs as a result of your enabling or permitting
another person or entity to use your account. You agree to immediately notify us
in the event that (i) your account is lost or stolen, or (ii) you become aware
of any unauthorized use of your account or of any other breach of security that
might affect the Site. ARA is not responsible for any loss or damage arising
from your failure to comply with the provisions of this Section.
You acknowledge and agree that ARA may terminate your access privileges and
remove and discard any Content without notice to you for any reason, including
without limitation, if (i) you do not use the Site for what ARA, in its sole
discretion, deems to be an extended period of time, (ii) ARA believes that you
have violated any provision of this Agreement, and/or (iii) you have otherwise
acted or failed to act in any manner that ARA deems objectionable. You agree
that any termination of your access to the Site shall not result in any
liability or other obligation of ARA to you or any third party in connection
with such termination.
http://www.aracares.com/privacy.aspx. The terms and conditions of
THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. ARA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND
WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. ARA MAKES NO WARRANTY THAT THE SITE AND/OR ANY CONTENT THEREIN
WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT,
ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE
OF THE SITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU
UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO
ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE USING THE SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARA SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR
OTHER LOSSES (EVEN IF ARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE, (ii) THE COST OF
PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY
PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO
OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK
PROVIDED IN CONNECTION WITH THE SITE, OR (iv) ANY MATTER OTHERWISE RELATED TO
YOUR USE OF THE SITE.
In the event that ARA permits you to upload, post, e-mail or otherwise transmit
content, data, information or other materials (collectively, "User Content") for
display on the Site otherwise, you will be responsible for all such User Content
that you upload, post, email or otherwise transmit using the Site. Likewise, you
are responsible for complying with all third party rights with respect to all
such User Content that appears on the Site and not to download, email or
otherwise transmit such User Content in violation of such third party's rights.
By submitting User Content to ARA, you automatically grant, or warrant that the
owner of such Content has expressly granted, the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and
display such User Content (in whole or part) worldwide and/or to incorporate it
in other works in any form, media, or technology now known or later developed for the full term of any
rights that may exist in such User Content.
You are expressly prohibited from placing any message in any User Content or any
product, good or service or otherwise transmitting through or posting on the
Site (including in any e-mail message or any chat or message board posting) any
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
sexually explicit, profane, hateful, racial, ethnic or otherwise objectionable
material of any kind, including without limitation, any material that encourages
conduct that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable local, state, national or international law
(collectively, "Prohibited Conduct"). Prohibited Conduct expressly includes any
transmission to people or other entities on mailing lists that you do not have
full rights to use. You agree and acknowledge that ARA is not responsible or
liable to you or any other party or user of the Site for any Prohibited Conduct
by you or any other party or user of the Site.
You may not collect or store personal data of other users of the Site without
the prior, written permission of such user(s).
You may not directly or indirectly, intentionally disrupt or interfere with the
Site in any manner that may adversely affect ARA or any user of the Site.
You may not upload, post, email or otherwise transmit any material that contains
software viruses or any other code, files or programs designed or known to
disable, interrupt, or limit the functionality of any computer hardware,
computer software, or telecommunications equipment or facilities.
By your use of the Site, you represent and warrant that you have all the rights
necessary to receive, use, transmit and disclose all data that you use in any
way with the Site. You further represent and warrant that you and your
employees’ and agents’ use of the Site and of any data input into or generated
by the Site shall comply with all applicable laws, regulations and ordinances.
You agree and acknowledge that you are solely responsible for any liabilities,
fines, penalties or forfeitures occasioned by any such violations or lack of
You, and/or any Discount Medical Provider, further agree and acknowledge that
you are solely responsible for inputting and retrieving data using the Site, and
for the accuracy and adequacy of information and data furnished using the Site.
You have full responsibility for the care and well being of patients and any
reliance on the Site shall not diminish that responsibility. You are responsible
for establishing such procedures, as you deem appropriate in your professional
judgment to verify the accuracy of data transmitted hereunder and to provide
backup procedures for any loss of data or unavailability of the Site. You
acknowledge and agree that by providing the Site hereunder, ARA is not rendering
medical or other health care services or engaged in the practice of medicine and
shall not be liable to any party for any act or failure to act relating thereto,
in addition to any limitation of liability provisions contained in this
You understand and acknowledge that ARA assumes no responsibility to screen or
review Content and/or User Content that is originated by parties other than ARA,
and that ARA shall have the right, but not the obligation, in its sole
discretion to review, refuse, monitor, edit or remove any Content and/or User
Content that is available on the Site. ARA expressly disclaims all
responsibility or liability to you or any other person or entity for the
performance or nonperformance of such Content and/or User Content review. YOU
ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY
AND ALL CONTENT AND/OR USER CONTENT.
We use commercially reasonable efforts to ensure that the colors, design and
details of the products displayed on the Site are accurate. However, we cannot
and do not guarantee that the colors, font types, design, paper stock and/or
detail, as displayed by your monitor, will be accurate and we assume no
responsibility whatsoever for such difference in color, design and details.
If you contact ARA with information including, without limitation, feedback data
(e.g., questions, comments, suggestions or the like) regarding the Site, the
content of the Site or any item on the Site (collectively, "User Feedback"), the
User Feedback shall be deemed to be non-confidential and ARA shall have no
obligation of any kind with respect to the User Feedback. In addition, you agree
and acknowledge that ARA shall be free to reproduce, use, disclose, display,
exhibit, transmit, perform, create derivative works and distribute the User
Feedback to others without limitation, and to authorize others to do the same.
Further, ARA shall be free to use any ideas, concepts, know-how or techniques
contained in the User Feedback for any purpose whatsoever, including, without
limitation, developing, manufacturing and marketing products and other items
incorporating the User Feedback. ARA shall not be liable or owe any compensation
for the use or disclosure of the User Feedback.
The Site may provide, or third parties may provide, links to other web sites.
You acknowledge and agree that such links are provided for your convenience and
do not reflect any endorsement by ARA with respect to the provider of such
linked site or the quality, reliability or any other characteristic or feature
of such linked site and ARA is not responsible in any manner (including without
limitation with respect to any loss or injury you may suffer) for any matter
associated with the linked site, including without limitation, the content
provided on or through any such linked site or your reliance thereon. ARA MAKES
NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF
ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware
that your use of any linked site is subject to the terms and conditions
applicable to that site, including the privacy policies (or lack thereof) of
Unless otherwise specified, the materials, information, products and services
available on the Site are solely available in or applicable to the United
States, its territories, possessions and protectorates. ARA makes no
representation that materials or information in this Site, or the products and
services available on the Site, are appropriate or available for use outside the
United States. Those who choose to access the Site from outside the United
States do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable. Software from the
Site is further subject to United States export controls. No software from this
Site may be downloaded or otherwise exported or re-exported (i) into any country
to which the United States has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders.
By downloading or using the software, you represent and warrant that you are
not located in, under the control of, or a national or resident of any such
country or on any such list.
You agree to defend, indemnify and hold ARA, its subsidiaries, affiliates,
officers, directors, employees and agents, harmless from and against any third
party claim, action or demand ("Claim") and all liabilities and settlements
related thereto, including without limitation, reasonable legal and accounting
fees, resulting from, or alleged to result from, your use of the Site and/or its
Content and/or User Content. ARA shall provide notice to you promptly of such
Claim and shall reasonably cooperate with you, at your expense, in your defense
of any such Claim.
ARA and our logo are trademarks of ARA. Other trademarks are owned by ARA or its
affiliated entities or are used with the permission of their respective owners.
You agree not to use or display trademarks without the prior written consent of
ARA or the owner of such mark.
ARA reserves the right to terminate this Agreement in appropriate circumstances
if you infringe upon the intellectual property rights of any third party.
Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2),
ARA's designated agent for notice of alleged copyright infringement in
connection with the Website is:
ARA Permissions Office
To file a notice of infringement with ARA, the requirements specified in Title
II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text
of this statute can be found at the U.S. Copyright Office website.
You understand and agree that ARA may from time to time establish and revise
practices and limitations concerning the Site and your use of the Site. You
agree that ARA shall have no liability for the deletion or failure to store any
messages and other communications or other Content or User Content maintained on
the Site or transmitted using the Site. This Agreement constitutes the entire
agreement between you and ARA and governs your use of the Site. You also may be
subject to additional terms and conditions that may apply when you use third
party content or Site available through the Site. If any provision of this
Agreement 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 this Agreement, which shall remain in full force and effect. You
and ARA and any of its affiliates, employees, contractors, officers, or
directors agree that this Agreement and the relationship between you and ARA
will be governed by the laws of the State of Indiana, without respect to its
conflict of laws provisions and that venue with respect to any dispute between
you and ARA will rest exclusively in the state and federal courts located in the
State of Indiana. The failure of ARA to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such right or
condition. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to the Site or this Agreement
must be filed within one year after such claim or cause of action arose. ARA may
provide notice to you by email or regular mail. The Site may also provide notice
of changes to this Agreement at any time and from time to time by displaying
notices to you on pages of the Site. The section titles of this Agreement are
merely for convenience and will not have any effect on the substantive meaning
of this Agreement.