Website Terms and Conditions of Use
Submissions to the Website. In providing information and materials on the Website, We are not rendering legal, medical or other professional services or advice. If legal or other expert assistance is required, the services of a competent professional should be sought.
(1) Discussion Forum Postings. All information and text that You post on the Website discussion forums ("postings") immediately become part of Website and You agree and consent to the use of such postings by Us or anyone from the public, free of any claim by You for copyright infringement or other violation of any of Your rights. All such postings are non-confidential and non-proprietary. In placing any posting on the Website, You grant to Us an irrevocable, non-exclusive, perpetual, royalty-free and worldwide right and license to disseminate and make use Your posting for any purpose not prohibited expressly by applicable law, without any obligation to pay You any royalties or provide any attribution to You.
(2) The Website and Materials Provided by Others. All words, photographs, graphics, images, content, articles and other information that We or any of Our users (other than You) make available on the Website (the "Website information") are protected by applicable copyright, trademark, trade secret and other laws protecting Our proprietary rights and the rights of Our contributors and the authors of such works. By making any use of the Website, You agree that We are not offering for sale or selling the Website information, but instead are granting You a limited, royalty-free, non-exclusive, revocable and non-transferable license to make use of the Website information for Your own personal or internal business purposes. Unless otherwise set forth in a separate written agreement signed by Us, You agree that this license does not permit You to:
(i) Download any Website information (except to the extent of your browser's ordinary caching operation);
(ii) Sell any Website information downloaded (or copied in another form) for money, barter, exchange or other consideration;
(iii) Redistribute any Website information to anyone (except to Your bona fide employees who need the Website information for internal business purposes);
(iv) Make any more than one print copy of any of the Website information;
(v) Republish any Website information for any purpose, including commercial gain;
(vi) Make any alterations, additions or other modifications to any Website information; or
(vii) "Mirror" any Website information on any other server
Membership Registration. On this Website is posted the Membership Application form to join Our organization. Memberships are individual, non-transferable and non-refundable. Once Your application is accepted, You will be provided a user name and password to access certain portions of the Website, such as the discussion forums, that are not generally available to the public (the "Restricted Areas"). All Personal Information You provide to us in connection with your registration will be handled in accordance with Our Privacy Statement. If at any time any Personal Information You provided to Us is incorrect or has changed, please complete and submit a Membership Change of Information Form.
When You register for access to Restricted Areas of the Website, You represent and/or agree that:
(v) You have and will access the Website and provide information to Us with the bona fide intent to use or to evaluate the Website;
(vi) In using the Website, You will comply with all applicable international, country, federal and state laws, rules and regulations;
(vii) You will not disclose Your user name or password to anyone, You will maintain such codes securely so that no other person may gain access to them, and You will notify Us within twenty-four (24) hours of any unauthorized disclosure or use of Your user name and/or password; and
(viii) To the extent that You are negligent in maintaining the confidentiality of Your user name and password, You will be responsible for all damages caused to the operation of the Website through the use of Your user name and password occurring prior to when You notify Us that Your account has been compromised and We have reasonable time under the circumstances to terminate applicable access rights.
No License to Trademarks. All trademarks, service marks, tradenames or other identifying marks displayed on the Website, including and not limited to MGMA™, (the "Marks") are owned by Us and/or Our licensors. Except as applicable law may otherwise provide, or as We may otherwise agree in a signed, separate writing, We do not consent to any use of the Marks by any person and do not grant You any right to use the Marks displayed on this Website.
Linking to the Domain; No "Framing."We permit reasonable, good faith and non-defamatory links to the Website so long as: (i) it is clear in the link reference that Delaware MGMA does not endorse the contents of the referring page and that any statements made have not been reviewed or approved by Us; and (ii) no use is made of Our Marks (though our wordmarks may be used if proper credit is provided on the page [e.g. "MGMA™" is a trademark of Medical Group Management Association]). We do not consent to "framing" Our content or any Website information inside of any other page.
Disclaimer of Warranties. WE AND OUR CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU ABOUT THE SUITABILITY, ACCURACY, QUALITY OR RELIABILITY OF THE WEBSITE INFORMATION OR POSTINGS FOR ANY PURPOSE. ALL WEBSITE INFORMATION AND POSTINGS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE INFORMATION OR POSTINGS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING UNDER SUBTITLE 4 OF TITLE 22 OF THE DELAWARE ANNOTATED CODE COMMERCIAL LAW ARTICLE. THERE IS NO WARRANTY THAT ANY WEBSITE INFORMATION, POSTINGS, CONTENT, EFFORTS, SERVICES, THE WEBSITE OR ANY SYSTEM PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. WEBSITE TECHNICAL SUPPORT AND OTHER STAFF SERVICES ARE PROVIDED ON A BEST EFFORTS BASIS AND ARE NOT WARRANTED FREE-OF-ERROR.
Limitations. YOU AGREE THAT YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY CLAIM AGAINST US IN RESPECT OF THE WEBSITE OR ANY WEBSITE INFORMATION, SUBMISSION OR POSTING IS FOR US TO REPAIR, REPLACE OR OTHERWISE CORRECT SUCH WEBSITE INFORMATION, SUBMISSION OR POSTINGS; UNDER NO CIRCUMSTANCES WILL WE OR OUR CONTRIBUTORS BE LIABLE TO YOU FOR ANY DAMAGES, COSTS OR FEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ACTUAL, COMPENSATORY, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT OCCASIONED BY OUR NEGLIGENCE. FURTHER, IN NO EVENT SHALL WE AND/OR OUR CONTRIBUTORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR WEBSITE INFORMATION, SUBMISSIONS OR POSTINGS AVAILABLE ON THE WEBSITE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCEPTABLE USE POLICY
a. use or attempt to use the Website for any illegal, abusive or unethical activities as determined by us in our sole discretion, which include by example and not limitation, transmission of illegal pornographic material, invasion of privacy, defamation, infringement of another person's copyright, trade secret, patent, trademark or other intellectual property rights, hacking or cracking (gaining unauthorized use of a computer), distributing computer viruses or other malware, gambling, harassment of another or distribution of other harmful materials, code, programs or scripts.
b. send unsolicited bulk mail messages (“junk mail” or “spam”). This includes bulk-mailing of commercial advertising, information announcements, charitable solicitations and political solicitations. Such material may only be sent to those who have specifically requested it or as authorized by applicable law, provided that if you assert that your activities are authorized by applicable law, you shall provide an opinion of reputable counsel establishing a basis upon which your actions are taken. Malicious or threatening e-mail is also prohibited. Normally we will assume that you are in compliance with this provision, however, if an upstream provider blacklists our IP range or mail server as a result of activities we trace to you, we will presume that you are in violation of this provision.
c. breach any applicable data protection statute by, for example, sending or storing personal information (as defined in applicable data protection statutes) in an unencrypted form.
d. impersonate another person, falsify the source of TCP/IP packets, spoof any portion of an email or TCP/IP header, or misrepresent authorization to act on behalf of others or us. All messages and packets transmitted via the Internet Service should correctly identify the sender and source; you may not alter the attribution of origin in electronic mail messages or posting.
e. undermine the security or integrity of computing systems or networks or gain unauthorized access or control over our computers or any other person's computers.
f. permit another person to use your resources or the Website to conduct any of the matters you are prohibited from doing.
g. distribute any files in any peer-to-peer or file sharing arrangement, where it is possible that in such file sharing process any of the Website may be used to distribute copyrighted materials to or from persons who are not authorized to receive, copy, distribute or use them.
h. take any action that would cause us to violate any terms of an upstream service provider's acceptable use policy.
(i) Engage in any activity disruptive or abusive towards Our members or to Website operations, including and not limited to:
(i) Distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment or disrupt Website operations;
(ii) Degrade or impair the operation of Our servers and facilities or the servers and facilities of other network hosts or Internet users;
(iii) Post messages or software programs that consume excessive CPU time or storage space; and/or
(iv) Subvert, or assist others in subverting, the security or integrity of any of Our systems, facilities or equipment.
The above list of acceptable and unacceptable uses of the Website is not intended to be exhaustive, but rather illustrative of the range of unacceptable uses. We have the right in our sole discretion to determine whether any particular conduct is an acceptable use of the Website. In cases where we determine you engaged in conduct that you reasonably believed did not violate this policy in good faith, we will provide you electronic notice of our determination that such conduct is not an acceptable use, and provided you cease such conduct not later than 24 hours after such notice, you will not be considered to be in breach of this Agreement.