Terms of Use
BY ACCESSING OR USING ANY PART OF THIS WEBSITE, YOU EXPRESSLY AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
Scope of Use Rights. You and your representatives are permitted to access and use the information available through the website only under these terms of use and for your own internal business use.
Security. You will be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the website.
Responsibility for Employees, Contractors, and Other Representatives. If you allow your employees, contractors, and/or other representatives (your "representatives") to access the website, your representatives must comply with these terms of use. You acknowledge and agree that you will be liable for all of the actions of your representatives in connection with their use of the website, regardless of whether you have authorized them to access and use the website. In addition, you will be responsible for all of the actions of your former employees, contractors, and other representatives.
Prohibited Uses. You are solely responsible for, and you agree not to engage, and to see that your representatives do not engage, in unacceptable use of the website, which includes, without limitation, use of the website to: (a) interfere, disrupt or attempt to gain unauthorized access to the website or any other computer network; (b) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; or (c) engage in any other activity deemed by us to be in conflict with the spirit or intent of these terms of use. You agree not to attempt to alter or modify the MSV website. You agree not to attempt to decompile or otherwise reverse engineer any component of the website. You agree not to introduce, and to prevent the introduction of malicious software into the website, including without limitation, viruses, worms or other items that could impair the website. You agree not to use or alter the website in any manner that results in a violation of intellectual property rights of MSV or any third party. You agree not to provide any information that is known to be false or inaccurate.
Interactive Areas. You may be permitted to access and use discussion groups, bulletin boards, mail lists, customized home pages, services and other tools, and other forms of group electronic communications through the website ("Interactive Areas"). If you participate in or use any Interactive Area you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for the information, creations, data or material you or others may post on or using these Interactive Areas. We make no representation that your use of the Interactive Areas will comply with applicable laws or that they were designed to comply with the applicable laws. You expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the website. You further expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called "spam" or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the website; (f) attempt to gain unauthorized access to restricted areas of the website, other accounts, computer systems or networks connected to the website, through password mining or any other means; or (g) interfere with another user's use and enjoyment of the website.
We do not and are not responsible for screening or monitoring material posted by you or any other person or entity in Interactive Areas. If notified by one of our users of any material that is alleged not to conform to the terms of this Agreement, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. We reserve the right to edit or delete any material posted on our website, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.
We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Areas. We also do not endorse any opinions expressed in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS AND YOUR USE OF THOSE AREAS IS AT YOUR OWN RISK.
You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the Interactive Areas by all means and in any media now known or hereafter developed for any use or purpose.
No Professional Advice. The content contained on the website (including instructions, guides, tips, and estimates) is offered for informational and educational purposes only, and is not intended to be a substitute for medical, legal or financial advice. You should not act upon this information without seeking professional advice. If you act without professional advice, you assume all risk for such actions.
We do not endorse any specific products, procedures, opinions, vendors, or other information that may be mentioned or described in this website. If you rely on any content obtained by you on or through this website, you do so solely at your own risk. You are solely responsible for compliance with the laws and regulations applicable to your place or country of residence.
Privacy Statement. Our Privacy Statement can be found by following this link: Privacy Statement. The Privacy Statement is incorporated herein by this reference and made an integral part hereof.
Not Intended for Children. This website is not intended to be used by children. The website itself is intended to be used by adults. If you are under 18 years of age, you may use this website only with the involvement of a parent or guardian. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Advertisements and Links to Other Websites. Any link (including a hyperlink, button or referral device of any kind) used on this website is provided for your use and convenience. The appearance of a link on this website does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship with us. We are not responsible for the content of linked third-party websites or third-party advertisements, and do not make any representations regarding their content or accuracy. We do not endorse any product, service, or service provider that may be advertised on our website unless it is expressed explicitly otherwise.
Links to Our Website; Advertising. Links into our website must be by prior written approval of the Medical Society of Virginia. No other links into our website are permitted.
Termination. We reserve the right, in our sole discretion and without notice, at any time and for any reason, to remove or disable access to all or any portion of the website and to suspend your access to or use of all or any portion of the website.
Disclaimer of Warranties. THE WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE INFORMATION CONTAINED IN THE WEBSITE. WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE WEBSITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR INJURY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEBSITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE WEBSITE, ANY CHANGES TO OR INACCESSIBILITY OF THE WEBSITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE WEBSITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEBSITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, AND EVEN IF WE KNEW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE WEBSITE AND TERMINATE THIS AGREEMENT.
Ownership and Use of Content. All of our website design, text, graphics and the selection and arrangement thereof are protected by copyrights of Medical Society of Virginia; © 2008 Medical Society of Virginia. All Rights Reserved. You agree not to utilize the website or any materials provided through the website in any manner that would conflict with any intellectual property rights of MSV or any third party.
This website, including but not limited to its contents, is protected by the copyright laws of the United States and foreign countries. Title to the content is owned by us or our licensors, and all use thereof inures to the benefit of us or our licensors. Except as otherwise limited, you may download and print a single copy of the content solely for your internal business purposes and not for any commercial purpose or use, provided that such content must not be altered in any way and must contain all copyright and proprietary rights notices that accompany such content. All rights not expressly granted herein are reserved to us and our licensors. You agree that you will not upload or transmit any content of any type that infringes or violates the rights of anyone. The website and any portion thereof may never be used by anyone to create or re-create a similar or competing website. Any use of the content not expressly permitted by these terms of use is a breach of these terms of use and may violate copyright, trademark and other laws. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER LAWS AND TREATIES.
Indemnification. You agree to indemnify, hold harmless and defend us and our shareholders, members, directors, officers, employees, affiliates, business partners, licensors and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) these terms of use; (b) your use of the website, including any data or work transmitted or received by you; and (c) any unacceptable use of the website. Our shareholders, members, directors, officers, employees, affiliates, business partners, licensors and agents are express third party beneficiaries of this Agreement.
No Extraterritoriality. We are based in Richmond, Virginia, in the United States of America. We make no claims that the website is appropriate for, or may be accessed or downloaded by, persons residing outside of the United States of America. Access to our website and its content may not be legal by certain persons in certain countries. If you access this website from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Miscellaneous. We will have the right, at any time and without notice, to add to or modify the terms of this Agreement and you will be bound by such amended terms. Amendments will be effective when adopted by us. Without limiting the foregoing terms, you agree that posting of the amended Agreement on the MSV website will be deemed to serve as notice to you of the amended terms. Without limiting the foregoing terms, your access to or use of the website after the date such amended terms are posted shall be deemed to constitute acceptance of such amended terms.
This Agreement is made in and shall be governed by the laws of the State of Virginia, including, without limitation, the Virginia Uniform Computer Information Transactions Act and the Virginia Uniform Electronic Transactions Act, without reference to conflicts of laws.
All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in Richmond, Virginia. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction in the federal and/or state courts in Richmond, Virginia. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Richmond, Virginia and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in Richmond, Virginia.
If we take any action in law or in equity to enforce the terms of this Agreement, we will be entitled to recover reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which a court determines we are entitled.
If our performance is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, you agree that we are excused from such performance.
The terms and provisions of the sections regarding “Responsibility for Employees, Contractors, and Other Representatives,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” and “Miscellaneous” shall survive any termination or expiration of this Agreement.
This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the terms hereof and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the website.
The waiver by us of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. Except as expressly provided under the section regarding “Indemnification”, there are no third party beneficiaries under this Agreement.
Thank you for using our website. We hope you find it helpful and convenient to use! Questions or comments regarding this website should be directed by electronic mail to webmaster@msv.org or by U.S. Mail to Medical Society of Virginia, 2924 Emerywood Parkway, Suite 300, Richmond, Virginia 23294-3746.