Terms of Use
TERMS AND CONDITIONS OF USE
MOCAAPI WEB SITES
By accessing or using any of the MOCAAPI Internet properties including, without limitation, www.mocaapi.org, and any others released by the MOCAAPI from time to time (collectively referred to as the "MOCAAPI Web sites") you agree to comply with and be bound by these Terms and Conditions of Use ("Terms of Use") Please read these Terms of Use carefully as well as MOCAAPI's Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policy, you may not access or use the MOCAAPI Web sites.
1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the MOCAAPI Web sites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the MOCAAPI Web sites and the MOCAAPI Content (as defined below) for your noncommercial personal use and for no other purpose. MOCAAPI reserves the right to bar, restrict or suspend any user's access to the MOCAAPI Web sites, and/or to terminate this license at any time for any reason. MOCAAPI reserves any rights not explicitly granted in these Terms of Use.
2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive MOCAAPI's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the MOCAAPI Web sites, any MOCAAPI Content (as defined below), or any portion thereof. Further, you may not (i) use the MOCAAPI Web sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the MOCAAPI Web sites, including MOCAAPI Content; (ii) interfere with the proper working of the MOCAAPI Web sites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the MOCAAPI Web sites.
3. Your Acceptance; Revisions to Terms of Use. The MOCAAPI Web sites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the MOCAAPI regarding your use and access to the MOCAAPI Web sites. By accessing or using the MOCAAPI Web sites you agree to the Terms of Use.
MOCAAPI reserves the right to revise these Terms of Use at any time in its sole discretion, and without specific notice to you, by posting revised Terms of Use to the MOCAAPI Web sites. Your use after such change signifies your acceptance of all the terms and conditions contained within the Terms of Use effective at that time. You will be responsible for regularly reviewing these Terms of Use for updates and/or changes.
4. MOCAAPI Policies; Additional Terms and Conditions. MOCAAPI's Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the MOCAAPI Web sites (collectively "Additional Terms and Conditions") are incorporated herein by reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.
5. Click-Through Agreements. Before using certain areas of the MOCAAPI Web sites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" or "I Agree" or "Okay." To the extent there is a conflict between these Terms of Use and any Click Through Agreement for the activity in which you choose to participate, the Click Through Agreement will govern.
6. Personal Login Information. Certain features and areas of the MOCAAPI Web sites are available only with registration, login and/or a paid membership. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. MOCAAPI is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact MOCAAPI immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
7. Privacy Policy. For information about MOCAAPI's data protection practices and MOCAAPI's use and protection of your personal information, please read MOCAAPI's Privacy Policy which is incorporated into and made a part of these Terms of Use.
8. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the MOCAAPI Web sites and not interfere with the use and enjoyment of the MOCAAPI Web sites by other users or with MOCAAPI's operation and management of the MOCAAPI Web sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the MOCAAPI Web sites, including, without limitation, information required to be provided through an MOCAAPI Web site registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, MOCAAPI reserves the right to terminate your access and use of the MOCAAPI Web sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the MOCAAPI Web sites, or defame or otherwise harm any party, including MOCAAPI, through your use of the MOCAAPI Web sites.
9. Proprietary Rights. The content of the MOCAAPI Web sites includes, without limitation, (i) MOCAAPI's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "MOCAAPI Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the MOCAAPI Web sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "MOCAAPI Content"). MOCAAPI Content is the property of the MOCAAPI, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any MOCAAPI Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the MOCAAPI or the owner of such content if the MOCAAPI is not the owner. Any use of the MOCAAPI Marks without MOCAAPI's express written consent is strictly prohibited. You may not alter, delete, obsure or conceal any copyright or other notices appearing in the MOCAAPI Content, including any such notices appearing on any MOCAAPI Content you are permitted to download, transmit, display, print, or reproduce from the MOCAAPI Web sites.
10. Responsibility for Use of the Internet and MOCAAPI Web sites. Use of the Internet and the MOCAAPI Web sites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. MOCAAPI does not guarantee the confidentiality or security of any communication or other material transmitted to or from the MOCAAPI Web sites over the Internet or other communication network. MOCAAPI shall not be obligated to correct or update the MOCAAPI Web sites or the MOCAAPI Content and MOCAAPI shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the MOCAAPI Web sites.
11. Medical Disclaimer. The MOCAAPI Content is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician.
12. Patient Information. The MOCAAPI Web sites, including any public forums which you may access via the MOCAAPI Web sites, may contain confidential patient information ("Patient Information"). State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Patient Information, including transmitting Patient Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrival, use, transmission, processing, receipt, reporting, disclosure or storage of Patient Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.
13. Third Party Information. The MOCAAPI Web sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the MOCAAPI Web sites are those of the respective third party and not of MOCAAPI or its affiliates. MOCAAPI makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
14. Advertisers. The MOCAAPI Web sites may contain advertisements of third parties. The inclusion of advertisements on the MOCAAPI Web sites does not imply endorsement of the advertised products or services by MOCAAPI. MOCAAPI shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the MOCAAPI Web sites. Further, MOCAAPI shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the MOCAAPI Web sites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
15. Links to Third Party Web sites. The MOCAAPI Web sites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which MOCAAPI exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the MOCAAPI Web sites, you do so entirely at your own risk.
16. Links to MOCAAPI Web sites and MOCAAPI Content. Links posted by third parties to the MOCAAPI Web sites and/or MOCAAPI Content may not use the MOCAAPI trademark or logo and shall not suggest that MOCAAPI promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Web sites, content, or information. Any links to any portion of the MOCAAPI Web sites shall be the responsibility of the linking party. MOCAAPI reserves the right to require any linking party to disable or remove any link that violates MOCAAPI's rights or causes interruption or deterioration of MOCAAPI Content.
17. Warranties Disclaimed. THE MOCAAPI WEB SITES AND MOCAAPI CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER MOCAAPI, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "MOCAAPI PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE MOCAAPI WEB SITES OR MOCAAPI CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE MOCAAPI WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MOCAAPI WEB SITES WILL MEET YOUR EXPECTATIONS; OR (iv) MOCAAPI CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE MOCAAPI WEB SITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
18. Limitation of Liability. THE MOCAAPI PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DMOCAAPIGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DMOCAAPIGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE MOCAAPI WEB SITES AND/OR ANY MOCAAPI CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE MOCAAPI WEB SITES AND/OR MOCAAPI CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE MOCAAPI WEB SITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE MOCAAPI WEB SITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MOCAAPI WEB SITES; (vii) FROM ANY DELAY OR FAILURE OF THE MOCAAPI WEB SITES ARISING OUT OF CAUSES BEYOND MOCAAPI'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE MOCAAPI CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE MOCAAPI WEB SITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEB SITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE MOCAAPI WEB SITES OR MOCAAPI CONTENT.
In the event you are dissatisfied with, or dispute, these Terms of Use, the MOCAAPI Web sites and/or the MOCAAPI Content, your sole right and exclusive remedy is to terminate your use of the MOCAAPI Web sites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that MOCAAPI has no other obligation, liablity or responsibility to you or any other party.
19. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DMOCAAPIGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DMOCAAPIGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND MOCAAPI'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
20. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the MOCAAPI Parties from and against all claims arising from or in any way related to your use of the MOCAAPI Web sites and/or MOCAAPI Content, a violation by you of these Terms of Use, or any other actions connected with your use of the MOCAAPI Web sites and/or MOCAAPI Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees. MOCAAPI will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the MOCAAPI Parties other than under this Section.
21. Term and Termination. These Terms of Use will take effect at the time you begin accessing the MOCAAPI Web sites. MOCAAPI reserves the right, with or without notice, at any time and for any reason to deny you access to the MOCAAPI Web sites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the MOCAAPI Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the MOCAAPI Web sites, including any MOCAAPI Content, in your possession.
22. Arbitration; Venue. Any controversy or claim you have arising out of or relating to these Terms of Use shall be brought solely by you as an individual and not as part of, or as a representative of, a class. To the fullest extent permitted by law, any controversy or claim you have shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. The arbitration shall be held in Chicago, Illinois. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator's award shall be final and binding. The courts of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any controversy or claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. MOCAAPI reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.
23. Governing Law. These Terms of Use and all matters regarding your use of the MOCAAPI Web sites shall be governed by, construed in accordance with, and enforced under the laws of the State of Illinois applicable to contracts made and executed and wholly performed in the State of Illinois, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
24. Waiver and Severability. The failure of MOCAAPI to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
25. Complete Agreement. These Terms of Use, together with any revisions. any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the MOCAAPI relating to the MOCAAPI Web sites and its use by you, and supersedes any previous written or oral communication regarding use of the MOCAAPI Web sites. The MOCAAPI Web sites are intended to be consistent with and in furtherance of the MOCAAPI's policies adopted by the MOCAAPI House of Delegates.
26. Contact Information. If you have any questions or concerns regarding these Terms of Use or the MOCAAPI Web sites, please visit our "Contact Us" page.
27. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the MOCAAPI Web sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
28. Use of MOCAAPI Web sites and MOCAAPI Content outside of the United States. MOCAAPI makes no claims regarding access or use of the MOCAAPI Web sites or the MOCAAPI Content outside of the United States. If you use or access the MOCAAPI Web sites or the MOCAAPI Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.