Terms of Use

The Company

The MASM is a Michigan Not for Profit Corporation with its principal offices at 3031 West Grand Blvd, Suite #645, Detroit, MI 48202;  313-874-1360, ext 303.

Ownership

This website are owned and operated by Wild Apricot while MASM is responsible for the content. Please see the Terms of Use by Wild Apricot.  The MASM owns all rights in the names MASM, and Michigan Academy of Sleep Medicine.

License

You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the MASM website conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the MASM website and the MASM Content (as defined below) for your noncommercial personal use and for no other purpose. The MASM reserves the right to bar, restrict or suspend any user's access to the MASM website, and/or to terminate this license at any time for any reason. The MASM reserves any rights not explicitly granted in these Terms of Use.

You shall not claim ownership or authorship, or otherwise use the materials except as we expressly permit. You shall not hack into our website or text messages, or otherwise gain unauthorized access to or make improper use of our content or website.

Terms And Conditions Of Use

By accessing or using  MASM website 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 the MASM's Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate your use of the MASM website.

Acceptance;  Revisions to Terms of Use

The MASM website is 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 MASM regarding your use and access to the MASM website. By using the MASM website you agree to the Terms of Use.

The MASM reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the MASM website. Your use of the MASM website signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the MASM website.

Personal Login Information
Certain features and areas of the MASM website are available only with registration, login and/or a paid subscription. 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. The MASM 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 MASM  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.

Privacy Policy

For information about the MASM's data protection practices and the MASM's use and protection of your personal information, please read the MASM's Privacy Policy which is incorporated into and made a part of these Terms of Use.

Responsibility for Use of the Internet and the MASM website


Use of the Internet and the MASM website is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. The MASM does not guarantee the confidentiality or security of any communication or other material transmitted to or from the MASM website over the Internet or other communication network. The MASM shall not be obligated to correct or update the MASM website, the MASM Content or the User-Generated Content and the MASM shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the MASM website.

Third Party Information

The MASM website 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, User-Generated Content or other information made available by third parties such as content providers and other users of the MASM website are those of the respective third party and not of the MASM or its affiliates. The MASM 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.

Advertisers

The MASM website may contain advertisements of third parties. The inclusion of advertisements on the MASM website does not imply endorsement of the advertised products or services by the MASM. The MASM shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the MASM website. Further, the MASM shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the MASM website. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.

Links to Third Party websites

The MASM website 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 the MASM exercises no control. The appearance of any such third party links (provided by the MASM or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the MASM website, you do so entirely at your own risk.

Links to MASM website and MASM Content

Links posted by third parties to the MASM website and/or MASM Content shall not suggest that the MASM promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, website, content, or information. Any links to any portion of the MASM website shall be the responsibility of the linking party. The MASM reserves the right to require any linking party to disable or remove any link that violates the MASM's rights or causes interruption or deterioration of MASM Content.

No Representations or Warranties

We provide you access to the information and materials on our site or our text messages on an “AS IS” basis without any representations or warranties. THE MASM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. We reserve the right to amend or withdraw our information, materials, and services at any time without notice. We are not responsible or liable for any interruption or discontinuation of the website or our subscriptions. We also have the right to terminate your access to all or part of our website or our subscriptions without notice. While we offer a wide variety of useful information, materials, and services, we make no promises about the content, your ability to secure a position, or advance in your career.

Exclusion of Liability

The MASM shall not be liable for any damages, including special, incidental, or consequential damages, or lost profits that are in any way related to the distribution, use, or inability to use the information or materials on this website or in our text messages, even if we have been advised of the possibility of such damages. In all events, our total liability is limited to the amount, if any, that you actually paid us for accessing this website or our text messages.

Third Party Links

We occasionally link to third party sites. This is to provide you with additional information but does not mean that we endorse or are otherwise affiliated with such website. We have no responsibility for the content or activities on those sites.

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 MASM website and not interfere with the use and enjoyment of the MASM website by other users or with the MASM 's operation and management of the MASM website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the MASM website, including, without limitation, information required to be provided through an MASM registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, the MASM reserves the right to terminate your access and use of the MASM website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the MASM website, or defame or otherwise harm any party, including the MASM, through your use of the MASM website.

Warranties Disclaimed

The MASM website and MASM content are provided "as is" and "as available." neither the MASM, its affiliates, subsidiaries, employees, officers, or trustees nor any of its agents, representatives, suppliers, advertisers, promotional partners, or licensors (collectively "MASM parties") provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (i) the MASM website or MASM content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to the MASM website 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 MASM website will meet your expectations; or (iv) MASM content will remain unchanged or accessible on the MASM 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.

Limitation of Liability

The MASM 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 MASM website and/or any MASM content; (ii) from any interruption in the availability of the MASM m website and/or MASM 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 masm website, or transactions entered into, through or from the MASM website; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the MASM website; (vii) from any delay or failure of the MASM website arising out of causes beyond the MASM's control; (viii) out of the use of, reference to, or reliance on, the MASM content; (ix) out of any third party materials, information, products and services contained on, or accessed through, the MASM website (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 website; or (xi) out of any other matter relating to the MASM website or MASM content.

In the event you are dissatisfied with, or dispute, these Terms of Use, the MASM website and/or the MASM Content, your sole right and exclusive remedy is to terminate your use of the MASM website, even if that right or remedy is deemed to fail of its essential purpose. You confirm that the MASM has no other obligation, liability or responsibility to you or any other party.

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 damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in sections 18 and 19 which are lawful in your jurisdiction will apply to you and MASM's liability will be limited to the maximum extent permitted by law.

Indemnification

To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the MASM Parties from and against all claims arising from or in any way related to your use of the MASM website and/or MASM Content, a violation by you of these Terms of Use, or any other actions connected with your use of the MASM website and/or MASM Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees. The MASM 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 MASM Parties other than under this Section.

Term and Termination

These Terms of Use will take effect at the time you begin using the MASM website. The MASM reserves the right, with or without notice, at any time and for any reason to deny you access to the MASM website 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 MASM 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 MASM website, including any MASM Content, in your possession.

Arbitration; Venue

Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use 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. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Detroit, Michigan. 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 Michigan and/or the United States District Court for the Eastern District of Michigan 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 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. The MASM reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Eastern District of Michigan or any State of Michigan court located in Wayne County, Michigan.

Governing Law

These Terms of Use and all matters regarding your use of the MASM website shall be governed by, construed in accordance with, and enforced under the laws of the State of Michigan applicable to contracts made and executed and wholly performed in the State of Michigan, 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.

Waiver and Severability

The failure of the MASM 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.

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 MASM relating to the MASM website and its use by you, and supersedes any previous written or oral communication regarding use of the MASM website. The MASM website are intended to be consistent with and in furtherance of the MASM's Board of Directors.

Contact Information

If you have any questions or concerns regarding these Terms of Use or the MASM website, please visit our Contact page.

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 MASM website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

Use of MASM website and MASM Content outside of the United States

The MASM makes no claims regarding access or use of the MASM website or the MASM Content outside of the United States. If you use or access the MASM website or the MASM 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.


Revised July  14, 2014


MASM | 3031 West Grand Blvd, Suite #645, Detroit, MI 48202 | Phone: (313) 874-1360, ext 303 | Fax: (313) 874-1366 | Email: kcarter@wcmssm.org

Copyright 2014: MASM, All Rights Protected

 

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