CMAnet Terms of Use
CMAnet Privacy Statement

CMAnet TERMS OF USE:
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site.

1. Restrictions on Use of CMANet®
2. Disclaimer
3. Bulletin Boards and Chat Rooms
4. Limitation of Liability
5. Links
6. General Information
7. Termination
8. Amendment

1. Restrictions on Use of CMANet®
   This site is owned and operated by the California Medical Association (“CMA”) and contains material which is protected by international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not sell any of this material for any reason

   By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting CMA a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

   • Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
   • Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

   The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.

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2. Disclaimer
   THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, BUT NOT LIMITED TO , IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

   CMA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

   CMA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, NECESSARY MAINTENANCE, REPAIR, OR CORRECTION.

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3. Bulletin Boards and Chat Rooms
   CMANet® includes bulletin boards and chat rooms ("bulletin boards") which allow feedback to the CMA and interaction between users. The CMA does not control the messages, information or files delivered to bulletin boards. It is a condition of your use of the bulletin boards and this Web site that you do not:
   • Restrict or inhibit any other user from using and enjoying the bulletin boards;
   • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would violate the antitrust laws or would otherwise constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
   • Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; Post or transmit any information, software or other material which contains a virus or other harmful component.
   • Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
   • You understand that the CMA has no obligation to monitor the bulletin boards. However, the CMA reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the CMA sole discretion are objectionable or in violation of these terms and conditions.
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4. Limitation of Liability
   Under no circumstances, including, but not limited to, negligence, shall CMA, its subsidiary companies or affiliates or offices, directors or employees be liable for any direct, indirect, incidental, special or consequential or punitive damages that result from the use of, or the inability to use, CMANet® even if CMA has been advised in advance of such a possibility.

   You specifically acknowledge and agree that the CMA is not liable for any defamatory, offensive or illegal conduct of any user.

   If you are dissatisfied with any CMA material, or with any of CMANet®’s terms and conditions, your sole and exclusive remedy is to discontinue using CMANet®.

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5. Links
   CMANet® may provide, or third parties may provide, links to the other World Wide Web sites or resources. Because CMA has no control over such sites and resources, you acknowledge and agree that CMA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible for any content, advertising, products, or other materials on or available from such sites or resources.

   You further acknowledge and agree that CMA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

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6. General Information
   The Terms of Use (“TOU”) constitute the entire agreement between you and CMA and govern your use of CMANet®. The TOU and the relationship between you and CMA shall be governed by the laws of the State of California without regard to its conflict of law provisions.

   You and CMA agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of San Francisco, California.

   The failure of CMA to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.

   If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

   You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of CMANet® or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. CMA may amend the TOU at any time.

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7. Termination
   This agreement is effective until terminated by the CMA at any time without notice. In the event of termination, you are no longer authorized to access the bulletin boards and the restrictions imposed on you with respect to material downloaded from the bulletin boards, the disclaimers and limitations set forth in this agreement shall survive.
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8. Amendment
   CMA reserves the right to amend, or alter the Terms of Use at any time without notice by posting such changes to this site.

CMAnet Privacy Statement

1. What information does CMA collect?
2. Opportunity to Opt-in or Out of the Data Collection
3. Mailing List "OPT-OUT" Policies Regarding the CMA Database
4. Access to Your Personal Information
5. How CMA Uses the Personal Information We Collect
6. Use of Cookies
7. Amendment

1. What information does CMA collect?

   In order to facilitate access to the Members Only side of the CMAnet site, CMA collects member profile information (name, address, telephone and fax numbers, email address, medical license number, specialty, medical school, year of graduation, residence faculty and other information) for its database.

   Members are given the opportunity to update their profiles which are made available to the public via the "Check Your Members Profile here" link on each members home page. Members who participate in the online discussion forums are asked but not required to provide their name and email address.

   From members of the public and members who purchase goods online, CMA collects the information required to complete the purchase.

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2. Opportunity to Opt-in or Out of the Data Collection

   Provision of the data described in Number 1 is voluntary. CMA members may access and use CMANet® without providing any additional information except their medical license number to provide access to the "Member Only" area.

   Physicians who would like to obtain a "MEDePass" must provide the required data. (Both CMA membes and non-members are eligible to pre-register for MEDePass digital certificiates.)Options for members are discussed in Number 3.

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3. Mailing List "OPT-OUT" Policies Regarding the CMA Database:

   The following are descriptions of the current options available to anyone listed in the CMA database regarding their ability to be excluded from mailings or other published listings generated by CMA. Also included are explanations as to the impact on the individual if one of these options is chosen.

   This may not include every possible option or potential impact because of the wide variety of methods available for CMA staff to generate listings from the CMA database. It also is not guaranteed that the policy will be followed in every instance, though every effort is made to provide the best possible service.

   In addition, we continually enhance the database to allow new options not currently listed if the expense required for the enhancement is warranted. It is our belief, however, that we are currently providing "state-of-the art" flexibility to serve the needs of everyone while safeguarding personal privacy and ensuring effective communication.

   The options available to you are:

   • "Default" option: If no "opt-out" request is made, you will be included in all CMA mailings and publications that may pertain to you. This includes receiving mailings directly from CMA and its subsidiaries, from vendors that CMA has provided its list for use pursuant to a written agreement, as well as inclusion on the CMA website or other publications.
   • "No Mail" option: You may request to be excluded from all CMA mailings and related services with this option. The only mailing you would receive would be your CMA membership card if you are a CMA member. You would not receive any vendor mailings, nor would your name be published on the CMA website. You would also not receive the California Physician magazine unless you have a paid subscription or have joined CMA through a special "Medical Group joint-contract" arrangement.
   • "No Vendor Mail"option: You may request to be excluded from listings that CMA provides to outside vendors, but continue to receive CMA direct mailings and be published on the CMA website. This option is typically the most popular as it reduces a large amount of the mail you may receive. However, be aware that this option prevents you from being informed of many discounts and services made available only to CMA members.
   • Specific "Opt-out options: If you have not requested the "No Mail" option described above, you may request to be excluded from specific mailing generated internally by CMA and its subsidiaries while continuing to receive all others. These may be used in any combination, including the "No Vendor Mail" option described above.
     1. "Opt-out" of Code #43: the CMANet® website directory.
     2. "Opt-out" of Mailing Code #44 - CME reporting form mailings.
     3. "Opt-out" of Mailing Code #53 - California Physician magazine.
     4. "Opt-out" of Mailing Code #96 - CMA Alert newsletter.

   We encourage anyone listed on our database to carefully consider the options available and to e-mail specific requests to our Data Services group at data@calmed.org or call (415) 882-3324.

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4. Access to Your Personal Information

   CMA members have the opportunity to view and correct his or her membership data and make any corrections as they wish. See Number 3 above.

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5. How CMA Uses the Personal Information We Collect:

   CMA uses the personal data we receive in order to enhance our member services. Data is shared with the American Medical Association and component societies in order to assure the highest possible level of accuracy in the two organizations' lists of physicians.

   The data is used internally to electronically distribute CMA Alert, our weekly newsletter, as well as other electronic and hard copy newsletters and to distribute California Physician, our quarterly journal for physicians and other in house mailings.

   CMA's mailing list, consisting of names and addresses but not telephone or fax numbers or email addresses, is rented to parties interested in communicating with our membership typically for commercial purposes. Use of the lists is carefully controlled by a strict written agreement prohibiting further distribution of mailing list and use solely for the designated purpose.

   CMA generally does not make the telephone, fax or email addresses of members available. CMA will share limited membership data with our subsidiary, MEDePass, Inc., for those physicians who apply for a MEDePass.

   CMA secures the personal information, including credit card numbers, received from individuals who make online purchases from CMA's Bookstore. This data is used only to confirm our existing membership records.

   CMA uses a secure server with 128-bit encryption to assure the security of the data being transmitted to CMA. CMA's database is protected from unauthorized access by a series of highly sophisticated software protection programs.

   CMA will disclose personal information to third parties if we believe in good faith that the law requires us to do so.

   CMA reserves the right to amend this policy at anytime. Amendments will be posted to CMANet® at this location.

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6. Use of Cookies

   CMANet® does use cookies to store and sometimes track information about your use of the site. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. The cookie helps us know who you are and helps us measure traffic on our site.

7. Amendment

   CMA reserves the right to amend or alter the Terms of Use at any time without notice by posting such change to this site.

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