This is a legally binding agreement between you and the Arizona Society of Healthcare Attorneys (AzSHA) about your use of the AzSHA website or use of AzSHA’s internet-based services, including but not limited to, AzSHA discussion forum, blog, job postings, presentations, resources and other internet-based features (collectively, the “Services” or “Website”). Please read these Website Terms of Use carefully before using the Website. Your use of the Website means that you have read, understand, and agree to these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU MUST NOT USE OR MUST STOP USING THE WEBSITE IMMEDIATELY.
The Website is available only to individuals over the age of legal majority who can enter into legally binding contracts under applicable law. In Arizona, the age of legal majority is eighteen (18) years of age.
These Terms of Use cover the following:
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1. License
You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Website conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the Website for your personal and noncommercial use and for no other purpose. You may not modify, alter, or download any portion of the Website unless you have obtained written authorization in advance from AzSHA or these Terms of Use otherwise allow it. AzSHA reserves the right to bar, restrict or suspend any user’s access to the Website, and/or to terminate this license at any time for any reason. AzSHA reserves any rights not explicitly granted in these Terms of Use.
2. Conditions on Your Use of the Website
You must be at least the age of legal majority where you live (which is currently 18 years old in most states) to use the Website.
You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Website and not interfere with the use and enjoyment of the Website by other users or with the operation and management of the Website by AzSHA. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Website, including, without limitation, information required to be provided by AzSHA members. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, AzSHA reserves the right to terminate your access and use of the Website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Website, or defame or otherwise harm any party through your use of the Website.
In addition, you also agree that you will not use the Website to:
- Upload, download, post, email, transmit or otherwise make available any content (including through any attachments thereto) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
- Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law.
3. Other Prohibited Conduct
Unless otherwise expressly stated in these Terms of Use or you receive AzSHA’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Website, or any portion thereof. Further, you may not (i) use the Website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Website, including AzSHA Content (defined below); (ii) interfere with the proper working of the Website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, malicious code or program denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Website.
You may not download, copy or embed AzSHA Content and other downloadable items displayed on the Website except with the express written permission of AzSHA. AzSHA reserves the right to require any party sharing AzSHA content to disable or remove the content should its use violate AzSHA policies or rights or cause interruption or deterioration of AzSHA Content.
4. Member Accounts and Member Services
Certain features and areas of the Website are available only for AzSHA members, who are either individuals currently licensed to practice law in Arizona who represent or are employed by a provider of healthcare services, or law students currently enrolled in an Arizona ABA accredited law school. AzSHA members must register to access those certain features of the Website that are not available to the public. Members who use the Website are required to register and select a unique login and password (“Personal Login Information”). If you are Member, you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. AzSHA 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 notify AzSHA 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.
5. Privacy Policy and Security
Please read our Privacy Policy to learn how information about you is collected, used, shared and stored. By agreeing to these Terms of Use and/or by using the Website, you are also agreeing to the Privacy Policy. The Privacy Policy (and changes to it) are incorporated by reference into these Terms of Use.
6. Code of Conduct
AzSHA is committed to maintaining an environment in which all Website users, including members, are treated fairly and with respect and dignity. If you experience harassment or hear of any incidents of unacceptable behavior, AzSHA asks that you contact us at the email address listed on the Website landing page. AzSHA reserves the right to take any action deemed necessary and appropriate, including immediate removal from any event without warning or refund; termination of access to the Website; and the right to prohibit attendance at any AzSHA event.
7. Proprietary Rights
The content of the Website includes, without limitation, (i) the trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification of AzSHA (collectively the “AzSHA Marks”); and (ii) information, data, materials, interfaces, computer code, data bases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Website (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as the “AzSHA Content”).
AzSHA Content is the property of AzSHA, sponsors, partners, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any AzSHA Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from AzSHA or the owner of such content if AzSHA is not the owner. Any use of AzSHA Marks without the express written consent of AzSHA is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in AzSHA Content, including any such notices appearing on any AzSHA Content you are permitted to download, transmit, display, print, or reproduce from the Website.
8. User Contributions
AzSHA permits both the members and the public to post information, comments and other content (“User Contributions”). By adding User Contributions to the Website, users understand and acknowledge that this information may be available to the public and grant AzSHA a nonexclusive license to display, reproduce, transmit, and modify such User Contributions, and the right to use it for internal and external marketing purposes. Please note that other users may access and distribute posted information beyond the control of AzSHA. Users who do not wish to have their User Contributions used, published, copied and/or reprinted, should not post on the Website.
You are solely responsible for the User Contributions you submit, and agree to indemnify AzSHA against any and all claims and liabilities resulting from that content. AzSHA does not approve, endorse, or adopt any User Contributions, and AzSHA assumes no liability for any User Contributions submitted by you or others. If you believe any User Contributions infringe on your proprietary rights, contact us at the email address on the Website landing page.
AzSHA retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial, promotion of organizations or programs, or otherwise injurious or illegal. AzSHA also retains the right to ban or block a user from posting on the Website without notice for a pattern of inappropriate postings or as it deems necessary.
You acknowledge, consent and agree that AzSHA may access, preserve and disclose your account information and the User Contributions you have posted if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary in the sole opinion of AzSHA to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any User Contributions violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of AzSHA, its Board, its users and the public.
User Contributions do not reflect the opinions of AzSHA.
9. Third Party Content and Websites
The Website may contain content, materials, information, products or services offered by third parties, including but not limited to User Contributions and third party links to other websites (collectively, “Third Party Content”). AzSHA does not endorse any Third Party Content and makes no representations or guarantees with respect to the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such Third Party Content. Third Party Content does not reflect the opinions of AzSHA.
AzSHA does not exercise any control over websites maintained by third parties. If you decide to access any of the third party websites linked to the Website, you do so solely at your own risk. You agree that AzSHA will not be held liable for any damage or loss caused by a third party.
10. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AZSHA, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS AND AFFILIATES, FROM ANY AND ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, THE USE OF THE WEBSITE BY ANOTHER PERSON ACCESSING YOUR ACCOUNT, OR YOUR VIOLATION OF THESE TERMS OF USE.
This Section will survive the termination or expiration of these Terms of Use.
11. DISCLAIMERS AND LIMITATIONS ON LIABILITY
In this Section, and for purposes of clarity, the reference to AzSHA (including its members, officers, representatives, employees, agents and affiliates) also includes its contractors, promotional partners, and licensors.
NO RESPONSIBILITY: Use of the Website is solely at your risk. Unless expressly required by law, AzSHA does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Website over the internet or other communication network.
NOT LEGAL ADVICE: All the content on the Website, including AzSHA Content and User Contributions, is for informational purposes only, and is not legal advice or a substitute for legal counsel. Please also note that the Website Content may not reflect most current legal developments. AzSHA is not responsible for correcting or updating any of the Website Content.
DISCLAIMER OF WARRANTY: AZSHA DOES NOT GUARANTEE THAT INFORMATION ON THE WEBSITE WILL BE ACCURATE, COMPLETE, TIMELY (REAL TIME), ERROR-FREE, SECURE, OR WITHOUT INTERRUPTIONS. YOU UNDERSTAND AND AGREE THAT THE WEBSITE, ANY SERVICES PROVIDED THROUGH THE WEBSITE, AND ALL THIRD PARTY INFORMATION (INCLUDING BUT NOT LIMITED TO THIRD PARTY CONTENT) ON THE WEBSITE ARE PROVIDED “AS IS,” WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, AZSHA MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE WEBSITE OR THE MATERIALS CONTAINED ON THE WEBSITE, AND TO THE FULLEST EXTENT PERMITTED BY LAW AZSHA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND AZSHA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
LIMITATIONS OF LIABILITY: YOU UNDERSTAND AND AGREE THAT AZSHA WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE, THE USE OF THE WEBSITE BY ANOTHER PERSON ACCESSING YOUR ACCOUNT, OR YOUR VIOLATION OF THESE TERMS OF USE OR PRIVACY POLICY.
IN NO EVENT WILL AZSHA’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU FOR SERVICES PROVIDED TO YOU IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE LIABILITY AROSE. THIS MONETARY CAP ON LIABILITY APPLIES REGARDLESS OF WHETHER AZSHA HAS BEEN INFORMED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH LIABILITY OR THE TYPE OF CLAIM (INCLUDING WITHOUT LIMITATION CONTRACT OR TORT).
AZSHA DISCLAIMS RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE WEBSITE (SUCH AS WEBSITE CONTENT), INCLUDING WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE PROPERTIES.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE, PRIVACY POLICY, OR WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR AZSHA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.
CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED IN ACCORDANCE WITH THESE TERMS OF USE AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, OR CLASS OR COLLECTIVE ARBITRATION.
DISPUTES: IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE WEBSITE. YOU CONFIRM THAT AZSHA HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.
If applicable law does not allow for any disclaimer, limitation of liability, or waiver (or any portion thereof) as set forth in these Terms of Use, the disclaimer, limitation of liability, or waiver will be deemed modified solely to the extent necessary to comply with applicable law.
This Section will survive the termination or expiration of these Terms of Use.
12. Term and Termination; Survival
These Terms of Use will take effect at the time you begin using the Website. AzSHA reserves the right, with or without notice, at any time and for any reason to deny you access to the 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 AzSHA Website, but all applicable provisions of these Terms of Use will survive such termination.
13. Governing Law
These Terms of Use and all matters regarding your use of the Website shall be governed by, construed in accordance with, and enforced exclusively under the laws of Arizona without regard to choice of law principles. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
14. Waiver and Severability
The failure of AzSHA 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.
15. Entire Agreement
These Terms of Use, together with any revision, and any additional terms or conditions incorporated by reference constitute the entire agreement between you and AzSHA relating to the Website and its use by you. These Terms of Use supersede any previous written or oral communication regarding use of the Website.
16. Digital Millennium Copyright Act Notice
AzSHA respects others’ intellectual property rights and has made every effort to secure appropriate clearances for all content that AzSHA directly makes available on the Website, and we ask our users to do the same. AzSHA may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringers of intellectual property. Pursuant to the Digital Millennium Copyright Act (DMCA), AzSHA has a designated agent to receive notices of alleged copyright infringement claims.
If you believe any material on the Website is infringing and has been posted by AzSHA, our users or any other party, you may notify AzSHA of the alleged infringement by contacting AzSHA’s designated DMCA Agent at the email address on the Website landing page.
Please include the following information in your notice:
- Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Your physical or electronic signature.
17. Changes to the Terms of Use
AzSHA reserves the right to change these Terms of Use at any time in its sole discretion without further notice. Any changes will be effective immediately. You should look at these Terms of Use on a regular basis. The “Last Updated” date is posted at the top of these Terms of Use. You agree to any changes by using the Website after the changes become effective. If you do not agree to the changes, you must stop using the Website.
18. Questions
AzSHA welcomes your questions about AzSHA’s Terms of Use. Please contact us at the email address listed on our Website landing page.