MSMA's Terms of Use
AGREEMENT BETWEEN USER
AND MISSOURI STATE MEDICAL ASSOCIATION
The Missouri State Medical Association website comprises various web pages
operated by Missouri State Medical Association (MSMA).
The MSMA website is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use
of the MSMA website constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
MSMA reserves the right to change the terms, conditions, and notices under
which the MSMA website is offered, including but not limited to the charges
associated with the use of the MSMA website.
LINKS TO THIRD PARTY SITES
The MSMA website may contain links to other websites ("Linked
Sites"). The Linked Sites are not under the control of MSMA and MSMA is
not responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. MSMA is not responsible for webcasting or any other form of
transmission received from any Linked Site. MSMA is providing these links to
you only as a convenience, and the inclusion of any link does not imply
endorsement by MSMA of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the MSMA website, you warrant to MSMA that you
will not use the MSMA website for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the MSMA website in any
manner that could damage, disable, overburden, or impair the MSMA website or
interfere with any other party's use and enjoyment of the MSMA website. You may
not obtain or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the MSMA website.
USE OF COMMUNICATION SERVICES
The MSMA website may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communication Services"),
you agree to use the Communication Services only to post, send and receive
messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
· Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
· Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
· Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
· Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
· Conduct or forward surveys, contests, pyramid schemes or chain letters.
· Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other user from using and enjoying the Communication Services.
· Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
· Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
· Violate any applicable laws or regulations.
MSMA
has no obligation to monitor the Communication Services. However, MSMA reserves
the right to review materials posted to a Communication Service and to remove
any materials in its sole discretion. MSMA reserves the right to terminate your
access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
MSMA reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in MSMA’s sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. MSMA does not control
or endorse the content, messages or information found in any Communication
Service and, therefore, MSMA specifically disclaims any liability with regard
to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized MSMA
spokespersons, and their views do not necessarily reflect those of MSMA.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO MSMA OR POSTED AT ANY MSMA WEBSITE
MSMA does not claim ownership of the materials you provide to MSMA (including
feedback and suggestions) or post, upload, input or submit to any MSMA website
or its associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you are
granting MSMA, its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. MSMA is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in MSMA's sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE MSMA WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MSMA AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MSMA WEBSITE AT ANY TIME.
ADVICE RECEIVED VIA THE MSMA WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
MSMA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MSMAWEBSITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MSMA AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MSMA
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MSMA WEBSITE, WITH THE DELAY
OR INABILITY TO USE THE MSMA WEBSITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MSMA WEBSITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE MSMA WEBSITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MSMA OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
TATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MSMA WEBSITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MSMA
WEBSITE.
SERVICE CONTACT
communications@msma.org
TERMINATION/ACCESS RESTRICTION
MSMA reserves the right, in its sole discretion, to terminate your access to
the MSMA website and the related services or any portion thereof at any time,
without notice.
GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws
of the State of Missouri, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in Cole County, Missouri, U.S.A. in all
disputes arising out of or relating to the use of the MSMA website. Use of the MSMA
website is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and MSMA as a result of this agreement or use
of the MSMA website. MSMA's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in
derogation of MSMA's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the MSMA website
or information provided to or gathered by MSMA with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and MSMA with
respect to the MSMA website and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and MSMA with respect to the MSMA website. A printed version of this
agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It
is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the MSMA website are Copyright 2021 by MSMA and/or its
suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims
of Copyright Infringement.