(Effective: 4/5/2011)
This website (“CMA Website”) and all content, products, services, information and resources provided therein (“CMA Content”) may be used only under the following Terms and Conditions of Use made between You, as the person accessing or using the CMA Website or CMA Content described herein (“You”) and the California Medical Association, a California nonprofit corporation whose principal place of business is 1201 J Street, Suite 200, Sacramento, California 95814 (“CMA”). If You do not agree to these Terms and Conditions of Use and the Privacy Policy, You must immediately terminate use of the CMA Website and
CMA Content
1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the CMA Website and the CMA Content, conditioned on Your continued acceptance of, and compliance with, these Terms and Conditions of Use and the Privacy Policy. You may print CMA Content for your own personal use, but you may not further publish or distribute copies without advance written permission from CMA.
2. Modifications to Terms and Conditions of Use. CMA reserves the right to revise these Terms and Conditions of Use at any time in its sole discretion by posting revised Terms and Conditions of Use to the CMA Website. You will be responsible for regularly reviewing the Terms and Conditions of Use posted to the CMA Website.
3. Personal Login Information. Certain features and areas of the CMA Website are available only with registration and login. 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. CMA is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of Your Personal Login Information.
4. Privacy Policy. For information about CMA's data protection practices and CMA's use and protection of Your personal information, please read CMA's Privacy Policy, which is incorporated into and made a part of these Terms and Conditions of Use.
5. No Unlawful or Prohibited Use. You warrant that You will abide by all applicable local, state, national and international laws and regulations with respect to Your use of the CMA Website and CMA Content and not interfere with the use and enjoyment of the CMA Website or CMA Content by other users or with CMA's operation and management of the CMA Website and CMA Content. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the CMA Website, including, without limitation, information required to be provided through a CMA Website registration form or when accessing CMA Content. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by You, CMA reserves the right to terminate Your access and use of the CMA Website and CMA Content. You warrant that You will not impersonate any other person or entity, whether actual or fictitious, when using the CMA Website or CMA Content, or defame or otherwise harm any party, including CMA, through Your use of the CMA Website or CMA Content.
6. Proprietary Rights. The Content of the CMA Website includes, without limitation: (i) CMA's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "CMA Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, resources, software applications and tools, text, images, photographs, audio and video material, and artwork. CMA Content is the property of the CMA, 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. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the CMA Content, including any such notices appearing on any CMA Content You are permitted to download, transmit, display, print, use or reproduce from the CMA Website.
7. Medical and Legal Disclaimer. The CMA Content is provided for informational purposes only and is not intended as medical or legal advice, or as a substitute for the medical advice of a physician or the legal advice of an attorney.
8. Third Party Content and Links. The CMA Website may feature advertisements and links to third party companies. These linked sites are not under the control of CMA and CMA is not responsible for the content of those sites. CMA provides the links to you only as a convenience. Links on the CMA Website to third party companies does not imply an endorsement or association of the third party company with CMA. CMA makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of third party materials, information, services, products or resources. You shall be solely responsible for any correspondence or transactions You have with any third party.
9. Warranties Disclaimed. The CMA Website and CMA Content are provided "as is" and "as available." Neither CMA, its affiliates, subsidiaries, employees, officers, or trustees nor any of its agents, representatives, suppliers, advertisers, promotional partners, or licensors (collectively "CMA Parties") provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that: (i) the CMA Website or CMA Content, or any results that may be obtained by You, are complete, accurate, reliable or non-infringing; (ii) access to the CMA Website or CMA Content will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information, resources or other material purchased or obtained by You through the CMA Website will meet Your expectations; or (iv) CMA Content will remain unchanged or accessible on the CMA Website. 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.
10. Limitation of Liability. The CMA Parties shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising: (i) out of the use of or inability to use the CMA Website and/or any CMA Content; (ii) from any interruption in the availability of the CMA Website and/or CMA 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 CMA Website, or transactions entered into, through or from the CMA Website; (v) from unauthorized access to or alteration of Your transmissions or data; (vi) from statements or conduct of any third party on the CMA Website; (vii) from any delay or failure of the CMA Website arising out of causes beyond CMA's control; (viii) out of the use of, reference to, or reliance on, the CMA Content; (ix) out of any third party materials, information, products, services and resources contained on, or accessed through, the CMA Website; (x) out of any content, materials, accuracy of information, and/or quality of the products, services, materials or resources provided by or advertised on a third party Website; or (xi) out of any other matter relating to the CMA Website or CMA Content.
11. Indemnification. To the fullest extent permitted by law, You shall defend, indemnify, and hold harmless the CMA Parties from and against all claims arising from or in any way related to Your use of the CMA Website and/or CMA Content, a violation by You of these Terms and Conditions of Use, or any other actions connected with Your use of the CMA Website and/or CMA Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees.
12. Term and Termination. These Terms and Conditions of Use will take effect at the time You begin using the CMA Website. CMA reserves the right, with or without notice, at any time and for any reason, to deny You access to the CMA Website, CMA Content or to any portion thereof, and to terminate these Terms and Conditions of Use.
13. Governing Law. These Terms and Conditions of Use and all matters regarding Your use of the CMA Website and CMA Content shall be governed by, construed in accordance with, and enforced under the laws of the State of California applicable to contracts made and executed and wholly performed in the State of California, without regard to choice of law principles.
14. Waiver and Severability. The failure of CMA to exercise or enforce any right or provision in these Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions 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.
15. Complete Agreement. These Terms and Conditions of Use, together with any revisions, and any additional Terms or Conditions incorporated by reference, including, without limitation, the Privacy Policy, constitutes the entire agreement between You and the CMA relating to the CMA Website and CMA Content and its use by You, and supersedes any previous written or oral communication regarding use of the CMA Website and CMA Content. The CMA Website and CMA Content are intended to be consistent with and in furtherance of the policies adopted by the CMA.
16. Contact Information. If You have any questions or concerns regarding these Terms and Conditions of Use or the CMA Website or CMA Content, please visit our "Contact Us" page.
17. Use of CMA Website and CMA Content outside of the United States. CMA makes no claims regarding access or use of the CMA Website or the CMA Content outside of the United States. If You use or access the CMA Website or the CMA 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 and Conditions of Use.