Terms of Use

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midwestmelanoma.org

 

Website Terms of Use

 

Welcome to the web site of Midwest Melanoma Partnership (“MMP”). MMP is pleased to make the web site located at midwestmelanoma.org  (the “Site”) available for your use and benefit.  By using the Site you agree to be bound by the Terms of Use set forth below.  Use of the Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.

 

These Terms of Use apply to your access to and use of the Site and do not alter in any way the terms and conditions of any other agreement you may have with MMP, unless otherwise directed by MMP.  If you breach any of these terms and conditions, your authorization to use the Site automatically terminates and you must immediately discontinue use of the Site.

 

Collection of Visitor Information on this Site

Any information collected at the Site is governed by our Privacy Policy ,unless otherwise stated.  To access and use certain services available through the Site, you may be required to register with MMP through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

 

Copyright

All content, software, and technology included on the Site or used in the operation of the Site is the owned or licensed property of MMP or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of MMP and protected by U.S. and international copyright laws. MMP grants you permission to view and use content, software, and technology made available to you on the Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Site is strictly prohibited.

 

Trademarks

The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of MMP and others. Nothing on the Site shall be construed as granting any license or right to use any Trademark displayed on the Site without the prior written permission of the Trademark owner.  Other product and company names mentioned in the Site may be the Trademarks of their respective owners.

 

Other Intellectual Property

All other intellectual property rights related to the content, software, and technology included on the Site or used in the operation of the Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of MMP. Any use of these rights without the prior written permission of MMP is strictly prohibited.

 

Accuracy

Information on the Site may contain typographical errors, inaccuracies, or omissions in relation to services, descriptions, information, and other matters. MMP reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice.

 

Disclaimer of Warranties

THE SITE AND ALL CONTENT, materials, PRODUCTS and services available through THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. MMP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. MMP MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. MMP MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE.

 

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

 

Limitation of Liability

IN NO EVENT SHALL EITHER MMP, ITS SHAREHOLDERS, DIRECTORS, MEMBER SITES, SUBSIDIAREIS, AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

 

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

 

Under no circumstances whatsoever shall MMP’s aggregate liability resulting from or relating to your use of the Site exceed Five Dollars ($5.00).

 

Prohibited Activities and Visitor Obligations

As a visitor or user of the Site you shall not:

  • violate any applicable law or regulation;
  • upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
  • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
  • impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
  • engage in any activities or manipulate identifying material to misrepresent the origin of content;
  • Post any content that is subject to any disclosure restrictions;
  • Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
  • Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
  • Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
  • interfere with or otherwise limit the use of the Site by other users; or collect, compile, or store personal information about other users of the Site;
  • disrupt or interfere with the operation of the Site by overloading or exceeding the capacity of the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
  • disrupt or interfere with the security of, or otherwise cause harm to, the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
  • use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without MMP’s prior, express, and written permission; or
  • use the Site for commercial purposes.

 

You agree that you are solely responsible for the Post of any content that you make available on or send through the Site (“User Content”). In addition to the rights granted to MMP elsewhere in these Terms of Use, you hereby grant MMP the irrevocable right to copy and use User Content in connection with the Site and for the purposes related to your Post of the User Content.  Although MMP has no obligation to screen, edit or monitor any of the User Content or user conduct on the Site, MMP reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Site at any time and for any reason without notice. Your User Content may be available on the Site for a limited period of time, as determined by MMP in its sole discretion.  You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

 

By the Post of User Content to the Site, you represent and warrant that (a) the User Content is non-confidential is not subject to disclosure restrictions under any applicable data privacy laws or regulations; (b) you have all necessary rights to Post the User Content to the Site and to grant the rights to MMP you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.

 

Indemnification

You agree to indemnify, defend, and hold MMP and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that MMP incurs or suffers which arise from, result from, or relate to your use of the Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

 

Links to Other Web Site

The Site may contain links to other web sites. Additionally, other web sites may contain links to the Site. MMP does not review or monitor the web sites linked to the Site and MMP is not responsible for the content or policies of any other web sites.  Any link established by MMP does not constitute an endorsement of the other web sites or create a relationship between MMP and the operators of other web sites.  MMP disclaims any liability with respect to your use of any other web site, and you release MMP from any liability related to your use of any link to another web site or your use of any other web site.  Where the Site contains a link to another web site owned and/or operated by MMP, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.

 

Changes to Terms of Use

MMP may revise these Terms of Use at any time without notice. Any use of the Site following the date on which changes to these Terms of Use or the Privacy Policy are published on the Site shall constitute your acceptance of all such changes. You expressly agree that MMP shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

 

Continued Operation, Accessibility, and Maintenance of this Site

MMP may modify, change, suspend, terminate or discontinue the operation of the Site or the provision of any services without notice and MMP reserves the right to refuse service to anyone at any time, with or without cause.

 

Your Account

If you are a registered user of any of the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.  MMP reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.

 

Payment

You authorize MMP and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any donations you may make through the Site. You represent and warrant that you are the only one who will make payments in connection with the Site, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to MMP are nonrefundable.

 

General Provisions

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.

 

Any failure by MMP to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

 

These Terms of Use shall be governed by the laws of the State of Minnesota (without regard to its choice of law principles or rules) in the United States and the applicable laws of the United States.  For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with MMP, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Minnesota Courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.

 

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

 

Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements and you agree not to access the Site in any such jurisdiction.

 

You are responsible for compliance with applicable laws.

 

Submissions

Any and all questions, comments, suggestions, and similar materials or information that you send or submit to MMP or a third party provider on the Site, by a Post or otherwise (collectively, “Submissions”), shall become MMP’s property; and you hereby transfer, sell, and assign to MMP all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. MMP has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions.  MMP shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

 

Contact

For questions or comments related to the Site or these Terms of Use, please email us at rstmmpadmin@mayo.edu.

 

Last updated September 21, 2015.

 

 

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