MAMES Terms of Use
TERMS OF USE
These
Terms of Use (“Terms”) explain the contractual relationship between you
and The Myanmar American Medical Education Society, Inc. (“MAMES,” “us,”
our” or “we”),
regarding your use of, and access to, our website located at https://mamesociety.org (“Website”), and the features and functionality
thereof (the “Service”). These
Terms, which include our Privacy Policy (MAMES Privacy Policy), govern your access to and use of
the Website, Service and MAMES
Content (as defined below), and constitute a binding legal agreement between
you and MAMES.
YOU
ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE WEBSITE OR SERVICE, OR BY
DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE WEBSITE, YOU ARE
INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
1. Service
The
Website and Service enable persons (“Users”) to access information about
our organization and its members, submit applications for membership and
volunteering, donate funds, view job listings and register for events.
2. License
- Grant. Subject to your compliance
with these Terms, you are granted a limited, non-exclusive,
non-transferable license to access and use the Website on a computer,
tablet device or mobile phone that you own or lawfully control.
- Ownership. All materials contained on,
in, or available through the Website and Service, including all
information, data, text, sound, photographs, graphics, the selection and
arrangement thereof, and all source code, software compilations, and other
materials (“MAMES Content”) are protected by copyright, trademark,
patent and other intellectual property laws and may not be copied or
imitated in whole or in part by you, unless as explicitly stated under
these Terms. All copyrights, trademarks, service marks, trade dress,
patent and other intellectual property rights, and all derivative works thereof
associated with the MAMES Content,
whether registered or not, are our sole property or the property of third
parties. The MAMES Content
may also be protected as a collective work or compilation under U.S.
copyright and other laws and treaties. You agree to abide by all
applicable copyright and other laws. We do not convey, through allowing
access to the Website or Service, any ownership rights in the MAMES Content. These Terms will
govern any upgrades provided by us that replace and/or supplement the original
Website or Service, unless such upgrade is accompanied by separate terms
in which case such updated Terms will govern.
- Limitations. You may not create, develop,
license, install, use, or deploy any third party software or services to
circumvent, enable, modify or provide access, permissions or rights to
work around any technical limitations in the Website or Service. You may
not copy (except as expressly permitted by these Terms) or publish the
Website for others to copy, decompile, reverse engineer, disassemble,
attempt to derive the source code of, or modify, or create derivative
works of the Website or Service, or any updates, or part thereof (except
as and only to the extent any foregoing restriction is prohibited by
applicable law or to the extent as may be permitted by the licensing terms
governing use of any open source components included with the Website, if
any). Any attempt to do so is a violation of our rights. If you breach
this restriction, you may be subject to prosecution and damages. You may
not use the Website or Service in any manner not specifically authorized
hereunder or in any way that is against any applicable laws or
regulations.
3. Eligibility
You
represent and warrant that: (i) you are at least eighteen (18) years old, (ii)
you have the right, capacity and authority to be bound by these Terms, and
(iii) you will abide by all these Terms.
4.
Jurisdiction
The
Website and Service are controlled and operated by MAMES from the United States, and are not intended to subject MAMES or its affiliates to the laws or
jurisdiction of any state, country or territory other than that of the United
States. MAMES does not represent
or warrant that the Website or Service or any part thereof are appropriate or
available for use in any jurisdiction other than the United States.
5.
Access
There
is no charge to access and browse the Service. However, charges for Internet or
telecommunication use may apply at rates that are determined by the providers
of such services. In order to access and browse the Service, you are required
to have a compatible computer, tablet device or mobile telephone, internet
access, mobile network access, and an Android or iOS operating system. The
software for the Website may be upgraded from time to time to add support for
new functions and services.
6.
Rules of Conduct
In
connection with your use of the Service, you will not: (i) transmit or
communicate any data or information that is unlawful, harmful, false,
misleading, threatening, abusive, harassing, stalking, defamatory, vulgar,
obscene, invasive of another’s privacy, hateful, or racially, ethnically or
otherwise objectionable; (ii) upload or input to the Service any information
which contains software viruses, or any computer code, files or programs
designed to interrupt, destroy or limit the functionality of the Service, any
computer software or hardware or telecommunications equipment; (iii)
impersonate any person or entity or falsely state or otherwise misrepresent
your affiliation with a person or entity; (iv) use the Service for any unlawful
or unsafe purposes; (v) forge headers or otherwise manipulate identifiers in
order to disguise the origin of any content transmitted to other Users; (vi)
violate any applicable local, state, federal or international law and any
regulations, requirements, procedures or policies; (vii) use any automated
means, including, without limitation, agents, robots, scripts, or spiders, to
access, monitor, or copy any part of the Service; (viii) transmit, access or
communicate any content that you do not have a right to transmit under any law
or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under non-disclosure agreements); (ix) monitor
traffic on the Service, obtain or accumulate personal information about other
Users, or collect or store personal data about other Users; (x) modify, delete
or damage any information contained on the mobile device or personal computer
of any other Users; (xi) infringe on the rights of any third party, including
but not limited to trademark, copyright or the rights of publicity; (xii) use
the Service in any manner that in our sole judgment, adversely affects the
performance or function of the Service or interferes with the ability of other
Users to access or utilize the Service; or (xiii) undertake any acts not
expressly permitted under the Terms. You warrant and represent that you
undertake to use the Service only for purposes that are in strict compliance
with (a) the Terms and the license granted hereunder, and (b) any applicable
law, regulation or generally accepted practices or guidelines in the relevant
jurisdictions and you shall take no actions which would cause us to be in
violation of any applicable law, ruling or regulation.
7.
Suspension
We
reserve the right to suspend or cease providing the Website and/or Service,
with or without notice, and we shall have no liability or responsibility to you
if we do so.
8.
Member Login/Job Center
If you are
a member of MAMES, you can log-in to your account via the “Member” section of
the Website by entering your email address and password, and then clicking
“Sign In.” If you cannot remember your
password, please click on the “Forget your password” link. MAMES members can also log-in to our Job
Center by entering their email address and password, and then clicking “Sign
In.”
9.
Third Party Content
The
Service may contain links to other websites, or content including graphics and
photos, that are owned or operated by third parties and may be of interest to
our Users (collectively, “Third Party
Content”). MAMES does not
investigate or monitor Third Party Content, and therefore is not responsible or
liable for the same. When you use a link to go from our
Website to a third party website, these Terms and our Privacy Policy are no
longer in effect. We encourage users to read and consider the policies of these
other websites before using them.
10.
Disclaimer of Warranties
THE
WEBSITE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE
SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT (ON OUR BEHALF, OUR
SUBSIDIARIES AND/OR OUR AFFILIATES) ANY AND ALL WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, ANY WARRANTIES: (i) CONCERNING THE AVAILABILITY, ACCURACY,
RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR
CONTENT OF THE WEBSITE OR SERVICE; (ii) OF TITLE, WARRANTY OF NON-INFRINGEMENT,
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE
WEBSITE OR SERVICE; AND (iii) REGARDING THE PROVISION OF THE SERVICE. THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE
OR SERVICE, INCLUDING WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
WE DO NOT WARRANT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE OR
SERVICE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE WEBSITE AND SERVICE.
11.
Limitation of Liability
IN
NO EVENT WILL MAMES OR ITS
OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE
LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF PROFITS AND THE LIKE), OR ANY
OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR
INABILITY TO USE THE WEBSITE OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER
SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE WEBSITE OR SERVICE. GIVEN
THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, OUR LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES,
PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY
LAW. IN NO EVENT WILL MAMES’
AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND
AFFILIATES) WITH RESPECT TO THE USE OF THE WEBSITE OR SERVICE EXCEED THE AMOUNT
OF $25.00 U.S. DOLLARS.
12.
Indemnification
By
using the Service, you agree to defend, indemnify and hold us, our affiliates,
partners, officers, directors and employees harmless from any and all claims,
liabilities, costs and expenses, including reasonable attorneys’ fees, arising
in any way from your use of the Service or the creation, placement or transmission
of any message, information, software or other materials through the Service by
you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control
the defense of any Indemnified Matters through counsel of our choice.
13.
Governing Law
These
Terms shall be governed and construed in accordance with the laws of the State
of New York, without regard to its conflict of law provisions. You consent to
the exclusive jurisdiction and venue of the federal and state courts located in
the State of New York, New York County for any action arising out of or
relating to these Terms.
14.
Entire Agreement
These
Terms and the Privacy Policy constitute the entire agreement between you and us
with respect to the use of the Website and Service, and supersede all
discussions, communications, conversations and agreements concerning the
subject matter hereof.
15.
Assignment
You
shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any
of your rights or obligations under these Terms. We may transfer, assign,
sublicense or pledge in any manner whatsoever, any of our rights and
obligations under these Terms to a subsidiary, affiliate, or successor thereof
or to any third party whatsoever, without notifying you or receiving your
consent.
16.
Amendment to Terms
MAMES may
update or amend these Terms from time to time. Amendments shall be effective
upon posting on the Website. You are responsible for regularly reviewing these
Terms. Your continued access and use of the Website and Service following such
posting constitutes your consent to be bound by any amended Terms.
17.
General
Our
failure to exercise or enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision. In the event that any provision
of these Terms is inoperative or unenforceable for any reason, such provision
shall be enforced to the maximum extent permitted by law and the invalidity of
such provision shall not affect the enforceability and validity of remaining
provisions of the Terms. No independent contractor, partnership, joint venture
or employer-employee relationship is intended or created. No action, regardless
of form, which arises from or is related in any way whatsoever to these Terms,
may be commenced by you more than twelve (12) months after such cause of action
accrues. All notices and other communications under the Terms must be in
writing and will be deemed to have been duly given when actually received. You
may provide notices to us via email to contact@mamesociety.org or by writing to us at The Myanmar
American Medical Education Society, Inc.,
P.O Box- 740576, Rego Park, NY 11374-0576 If you have any questions
regarding these Terms or the Website or Service, please contact us at contact@mamesociety.org.