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 New York 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 NEW YORK 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.