Pennsylvania Medical Group Management Association

Terms and Conditions of Use

The Pennsylvania Medical Group management Association (hereinafter referred to as “Association”) furnishes certain web sites including www.pennsylvaniamgma.com, www.pamgma.com and www.pamgma.net  (individually and collectively hereafter referred to as the “Website”) subject to the following Website Terms and Conditions of Use (hereinafter referred to as “Terms of Use”) set forth below.  These Terms of Use are an agreement between individuals accessing the Website (hereinafter referred to “User”) and the Association for the User’s access to and use of this Website.  In these Terms of Use, the term User and shall include the company or employer you work for, if you are accessing the Website for purposes related to your employer’s business.

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS IMPORTANT INFORMATION ABOUT THE USER’S RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO THE USER. THIS DOCUMENT CONTAINS A CHOICE OF FORUM CLAUSE.

Acceptance; Amendments.  Use of the Website indicates the User’s agreement that these Terms of Use and the Website Privacy Statement www.pamgma.com/privacy.php  shall govern the Users license to access and use of the Website, materials and information posted on the Website. The Association may change these Terms of Use and/or any of the Association’s Website policies at any time by posting revisions on the Website. If the User makes use of the Website after any changes are posted, that use shall constitute your acceptance of each revised Website policy. If the User does not agree to the changes of these Terms of Use, the Association’s  Privacy Statement or any revised Website policy, the User must notify the Website Administrator to remove their access to the member’s area of the Website.

Submissions to the Website. In providing information and materials on the Website, the Association is 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 the User posts on the Website discussion forums ("postings") immediately become part of Website and User agrees and consents to the use of such postings by the Association or anyone from the public, free of any claim to the Association for copyright infringement or other violation of the User’s rights.  User warrants that all such postings are non-confidential and non-proprietary. In placing any posting on the Website, User grants the Association a revocable right to disseminate and make use User postings for any purpose not prohibited expressly by applicable law, without any obligation to pay User any royalties or provide any attribution to the User.

        (2)   The Website and Materials Provided by Others. All words, photographs, graphics, images, content, articles and other information that the Association or any of its Users make available on the Website may be protected by applicable copyright, trademark and other laws protecting the Association’s  proprietary rights and the rights of Association contributors and the authors of such works. The User agrees that the Association is not offering for sale or selling the information, but instead is granting User a limited use of the Website information for the User’s own personal or internal business purposes. Unless otherwise set forth in a separate written agreement signed by the Association, the User agrees that this license does not permit User to: 

                (i)    Sell any Website information downloaded (or copied in another form) for money, barter, exchange or other consideration;
                (ii)   Redistribute any Website information to anyone (except to the User’s bona fide employees who need the Website information for internal business purposes);
                (iii) Make any more than one print copy of any of the Website information;
                (iv) Republish any Website information for any purpose, including commercial gain;
                (v) "Mirror" any Website information on any other server.

Membership Registration. On this Website is posted the Membership Application form to join the Association. Memberships are individual, non-transferable and non-refundable. Once User application is accepted, User 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 the User provides to the Association in connection with User registration will be handled in accordance with the Association’s Privacy Statement. If at any time any Personal Information User provided to the Association is incorrect or has changed, please complete and submit a Membership Change of Information Form.

When Users register for access to Restricted Areas of the Website, User represents and/or agrees that:
        (i)    User is 13 years of age or older, User has read and understand these Terms of Use, and all information, including Personal Information, User supplies to us is true, correct and complete;
        (ii)   User acknowledges that these Terms of Use constitute a valid, binding and enforceable agreement between User and the Association;
        (iii) User has full power, authority and legal capacity to enter into, and perform User obligations under, these Terms of Use, and, if User is registering on behalf of a business or entity, User agrees that User has the authority to bind User’s principal or employer;
        (iv) User execution and performance of these Terms of Use is not restricted or limited by, and will not result in a breach of, any other obligations, duties, agreements or covenants and will not violate any applicable existing laws, regulations, rules, statutes or governmental orders;
        (v)   User has and will access the Website and provide information to Association with the bona fide intent to use or to evaluate the Website;
        (vi) In using the Website, User will comply with all applicable international, country, federal and state laws, rules and regulations;
        (vii) User will not disclose Website User (hereinafter referred to “Access Information”) name or password, to anyone, User will maintain such Access Information so that no other person may gain access to them, and User will notify Association within twenty-four (24) hours of any unauthorized disclosure or use of Access Information; and
        (viii) To the extent that User is negligent in maintaining the confidentiality of Access Information, User will be responsible for all damages occurring prior to User’s notification that User’s account has been compromised.

Misuse of the Website. User’s violation of Association’s Website policies and these Terms of Use when User:
        (i)    Sends unsolicited e-mails to members of the Association, unless approved in writing by the PA MGMA;
        (ii)   Engage in any illegal activities, including and not limited to:
                (a)   Copy material of third parties without proper authorization or otherwise infringe or misappropriate the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets and patents;
                (b)   Advertise, transmit, store, post, display or otherwise make available pornography or obscene speech or material; and/or
                (c)   Solicit the performance of acts or services that are illegal under applicable law.
        (iii) Transmit, display or post defamatory, foul, harassing, abusive or threatening language;
        (iv)  Publish or disseminate information that (a) constitutes slander, libel or defamation, (b) publicizes the personal information or likeness of a person without that person's consent or (c) otherwise violates the privacy rights of any person;
        (v)   Engage in any activity disruptive or abusive towards Association or to Website operations, including and not limited to:
                (a)   Impersonate or assume the identity or any other person, or engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding User true identity (other than the use of anonymous re-mailers or Internet nicknames);
                (b)   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;
                (c)   Degrade or impair the operation of Association servers and facilities or the servers and facilities of other network hosts or Internet users;
                (d)   Post messages or software programs that consume excessive CPU time or storage space;
                (e)   Subvert, or assist others in subverting, the security or integrity of any of Association systems, facilities or equipment; and/or
                (f)    Seek unauthorized access to Association computer networks or the networks of any other person;
        (vi)  Engage in activities, whether lawful or unlawful, that Association determine in our sole discretion to be harmful to Association or other users of the Website, or Association’s reputation, goodwill or member relations; and/or
        (vii) Otherwise act in any manner that might subject Association to liability for any reason.

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 licensed for use by the Association and/or Association licensors. Except as applicable law may otherwise provide, or as Association may otherwise agree in a signed, separate writing, Association does not consent to any use of the Marks by any person and do not grant User any right to use the Marks displayed on this Website.

Linking to the Domain; No "Framing." The Association permits reasonable, good faith and non-defamatory links to the Website so long as: (i) it is clear in the link reference that Association does not endorse the contents of the referring page and that any statements made have not been reviewed or approved by the Association; and (ii) no use is made of Association’s  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" Association content or any Website information inside of any other page.

Available Remedies. Association does not censor, validate, review, edit, verify, warrant or vouch for the accuracy and quality of any postings that User places, or provide for placement, on the Website, or any Website information that User may acquire from or view on the Website. Further, the Association does not, as an ordinary practice, monitor the communications of Website users to ensure that they comply with these Terms of Use or applicable law. When the Association becomes aware of harmful activities, in Associations sole discretion the Association may take action to stop the harmful activity, including but not limited to, removing Website information or User postings, shutting down a link, implementing screening software designed to block offending transmissions, or any other action the Association deems appropriate to correct the conduct and/or prevent its reoccurrence. Moreover, the Association is required by law to: (i) notify law enforcement agencies when the Association becomes aware of the presence of child pornography on or being transmitted through the Website; and (ii) remove or block access to Website information and postings upon receipt of a proper notice of copyright infringement. It is also the Association’s policy to terminate the privileges of users who commit repeat violations of copyright laws, and the Association reserves the right not to accept postings from User or from anyone else where the Association has actual knowledge that the contents thereof violate these Terms of Use. All remedies are non-exclusive.

Term & Termination. User’s right to use this Website is effective from the date User first enter this Website and, unless terminated as provided herein, shall continue until: (i) User breaches or default in performance of these Terms of Use or any other written agreement with Association; or (ii) User object to any subsequent modification by the Association of these Terms of Use or any other Website policy; or (iii) User notifies the Association in writing of User election to terminate User membership registration. Upon any termination of these Terms of Use, User will immediately cease all use of this Website, and User shall remain liable for all transactions conducted and postings placed by User using this Website prior to termination. Any termination of these Terms of Use between User and Association will NOT terminate any other written agreement between User and Association.

Indemnity. If User places any posting on the Website, provide any submission for posting on the Website, or violate any provision of these Terms of Use, User is liable to Association for User actions and, in the event Association is threatened with or are actually sued by any person on account of or arising from User activities (including but not limited to any claim of infringement of intellectual property rights of such person), User agrees to indemnify and hold harmless Association and Association employees, directors, affiliates, volunteers, members and customers, from and against all such claims, demands, damages and losses claimed by such person, and this includes User agreement to pay all related costs and expenses, including Associations reasonable legal fees.

Disclaimer of Warranties. ASSOCIATION AND ASSOCIATION CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES TO USER 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 PENNSYLVANIA ANNOTATED CODE COMMERCIAL LAW ARTICLE. THERE IS NO WARRANTY THAT ANY WEBSITE INFORMATION, POSTINGS, CONTENT, EFFORTS, SERVICES, THE WEBSITE OR ANY SYSTEM PROVIDED BY THE ASSOCIATION 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. USER AGREES THAT USERS SOLE REMEDY IN THE EVENT USER HAS ANY CLAIM AGAINST ASSOCIATION IN RESPECT OF THE WEBSITE OR ANY WEBSITE INFORMATION, SUBMISSION OR POSTING IS FOR ASSOCIATION TO REPAIR, REPLACE OR OTHERWISE CORRECT SUCH WEBSITE INFORMATION, SUBMISSION OR POSTINGS; UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO USER 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 ASSOCIATION NEGLIGENCE. FURTHER, IN NO EVENT SHALL ASSOCIATION AND/OR ASSOCIATION CONTRIBUTORS BE LIABLE TO USER 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.

Choice of Law & Forum; Attorney's Fees. These Terms of Use shall be governed and construed by the laws of the Commonwealth of  Pennsylvania, exclusive of its conflicts of laws provisions. Any controversy or claim arising out of or related to these Terms of Use shall be settled exclusively by the appropriate State or Federal court of Pennsylvania, and THE PARTIES HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS. If User breaches these Terms of Use or any other Website policy and Association incur attorneys' fees to enforce such policies, Association shall be entitled to receive, and the court shall award, Association reasonable attorneys' fees and costs incurred in such action.

Miscellaneous. These Terms of Use and all documents referenced herein constitute the entire agreement, and amend all written agreements, between User and Association regarding access to Association’s Website. If any section of these Terms of Use is found to be invalid or unenforceable in any jurisdiction in which it is performed, then the meaning of that section will be interpreted, to the extent feasible, in a way that renders it enforceable. If no feasible interpretation is possible, the section will be severed from these Terms of Use and the rest of these Terms of Use will remain in full force and effect. The Association may assign its rights and responsibilities hereunder, in whole or in part, to any person or entity at any time. User may not assign User’s rights and responsibilities under these Terms of Use without Association prior written consent. User agrees that no joint venture, partnership, employment or agency relationship exists between User and Association as a result of these Terms of Use or use of the Website.

Questions or comments regarding these Terms of Use should be directed to our Executive Director  at 410.527.0780 or by emailing us at info@pennsylvaniamgma.com.

 

Copyright © 1992 - 2013 Pennsylvania Medical Group Management Association, Inc. All rights reserved.

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