Terms and Conditions of Use
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.
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:
(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.
(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.
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.