terms of use

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

Acceptance; Amendments. Your use of the Web site indicates your agreement that these Terms of Use and the Web site Privacy Statement www.charmcityaapc.org/privacy.php govern Your license to access and use the Web site and materials and information posted on the Web site We may change these Terms of Use and/or any of our Web site policies at any time by posting revisions to the Web site If you make use of the Web site after any changes are posted, that use shall constitute your acceptance of each revised Web site policy. If you do not agree to the terms of these Terms of Use, Our Privacy Statement or any revised Web site policy, you must exit the Web site immediately.

Submissions to the Web site In providing information and materials on the Web site, 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 Web site discussion forums ("postings") immediately become part of Web site 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 Web site, 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 Web site 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 Web site (the "Web site 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 Web site, You agree that We are not offering for sale or selling the Web site information, but instead are granting You a limited, royalty-free, non-exclusive, revocable and non-transferable license to make use of the Web site 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 Web site information (except to the extent of your browser's ordinary caching operation);
   • (ii) Sell any Web site information downloaded (or copied in another form) for money, barter, exchange or other consideration;
   • (iii) Redistribute any Web site information to anyone (except to Your bona fide employees who need the Web site information for internal business purposes);
   • (iv) Make any more than one print copy of any of the Web site information;
   • (v) Republish any Web site information for any purpose, including commercial gain;
   • (vi) Make any alterations, additions or other modifications to any Web site information; or
   • (vii) "Mirror" any Web site information on any other server.

All other rights are expressly reserved by Us and Our contributors. This license automatically terminates if You breach any provision of these Terms of Use. Upon termination, You must immediately destroy or return all downloaded and printed items containing any Web site information.

Membership Registration. On this Web site 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 Web site, 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 Web site, You represent and/or agree that:

• (i) You are 13 years of age or older, You have read and understand these Terms of Use, and all information, including Personal Information, You supply to us is true, correct and complete;
• (ii) You acknowledge that these Terms of Use constitute a valid, binding and enforceable agreement between You and Us;
• (iii) You have full power, authority and legal capacity to enter into, and perform your obligations under, these Terms of Use, and, if You are registering on behalf of a business or entity, You agree that you have the authority to bind Your principal or employer;
• (iv) Your 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) You have and will access the Web site and provide information to Us with the bona fide intent to use or to evaluate the Web site;
• (vi) In using the Web site, 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 Web site 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.

Misuse of the Web site You violate our Web site policies and these Terms of Use when You make any use of the Web site or any Website information to:

• (i) Send unsolicited e-mails to any of Our members or any third parties, unless the communication is related to MMGMA business or operations;
• (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 r 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 Our members or to Web site 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 Your true identity (other than the use of anonymous remailers 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 Web site operations;
  • (c) Degrade or impair the operation of Our 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 Our systems, facilities or equipment; and/o
  • (f) Seek unauthorized access to Our computer networks or the networks of any other person;
• (vi) Engage in activities, whether lawful or unlawful, that We determine in our sole and unfettered discretion to be harmful to Our members or other users of the Web site or Web site operations, or Our reputation, goodwill or member relations; and/or
• (vii) Otherwise act in any manner that might subject Us to liability for any reason.

No License to Trademarks. All trademarks, service marks, tradenames or other identifying marks displayed on the Web site, 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 Web site.

Linking to the Domain; No "Framing." We permit reasonable, good faith and non-defamatory links to the Web site so long as: (i) it is clear in the link reference that Charm City Chapter, AAPC 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. "Charm City Chapter, AAPC"]). We do not consent to "framing" Our content or any Web site information inside of any other page.

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

Term & Termination. Your right to use this Web site is effective from the date You first enter this Web site and, unless terminated as provided herein, shall continue until: (i) You breach or default in performance of these Terms of Use or any other written agreement with Us; or (ii) You object to any subsequent modification by Us of these Terms of Use or any other Web site policy; or (iii) You notify us in writing of Your election to terminate Your membership registration. In addition to any other remedy available to Us, We may, upon Your violation of these Terms of Use, terminate Your membership registration or Your ability to access or place postings on or through the Web site Furthermore, We may also refuse all pending postings placed by You through the Web site Upon any termination of these Terms of Use, You will immediately cease all use of this Web site, and You shall remain liable for all transactions conducted and postings placed by You using this Web site prior to termination. Any termination of these Terms of Use between You and Us will NOT terminate any other written agreement between You and Us.

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

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 MARYLAND 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 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.

Choice of Law & Forum; Attorney's Fees. These Terms of Use shall be governed and construed by the laws of the State of Maryland, 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 State or Federal courts of Baltimore, Maryland, and THE PARTIES HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS. If You breach these Terms of Use or any other Web site policy and We incur attorneys' fees to enforce such policies, We shall be entitled to receive, and the court shall award, Our 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 You and Us. Nonetheless, the terms and conditions of any written agreement executed by and between You and Us shall control over any contradictory or conflicting terms and conditions of these Terms of Use. 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. We may assign Our rights and responsibilities hereunder, in whole or in part, to any person or entity at any time. You may not assign Your rights and responsibilities under these Terms of Use without Our prior written consent. You agree that no joint venture, partnership, employment or agency relationship exists between You and Us as a result of these Terms of Use or Your use of the Web site.

Questions or comments regarding these Terms of Use should be directed by emailing us at Info@charmcityaapc.org.