WMA Website Terms and Conditions of Use
Who We Are
The World Moyamoya Alliance (“WMA”) is a group of moyamoya patients, family members, friends, and interested persons who are trying to raise awareness [need additional language]. As used in these Terms, “we”, “us” or “our” refers to WMA and the WMA team.
Introduction
WMA provides this WMA website to help those with moyamoya, to increase awareness, and to provide practical information about moyamoya. However, WMA knows that rules and processes need to be in place to protect the WMA team, you, and the other users of this WMA website. WMA offers these Terms and Conditions of Use (the “Terms”) for your review and agreement, acknowledgment, and acceptance.
Your use of this WMA website indicates you have read these Terms and understand them, and that you agree with, acknowledge, and accept these Terms. Please read these Terms carefully before using the WMA website. These Terms constitutes a legally binding contract between you and WMA. If, at any time, you are not willing to abide by these Terms, immediately stop your viewing of this WMA website and cease access to the WMA website.
These Terms may be changed by WMA at any time and for any reason. Please review these Terms regularly. Each new use constitutes a new agreement with these Terms.
No Medical Advice
WMA is NOT your doctor. You will see a variety of information and comments by the WMA team and other users, but such communications are NOT medical advice. Every person is different and should seek the help of a medical professional who knows the patient’s history. This WMA website is NOT intended to replace consultation with your medical professional. The WMA team will NOT answer specific medical questions or refer persons to a specific medical provider. If you are having an immediate problem call 911 or GO to your local emergency room.
No Recommendations or Endorsements/No Sponsored Advertising
World Moyamoya Alliance is its own entity and is not sponsored by any medical/hospital institution, and holds no religious affiliation.
While various medical personnel, providers, organizations, and hospitals may contribute information to and collaborate with the World Moyamoya Alliance, the WMA team does not allow advertising and/or endorsements on the WMA website. The WMA team works hard to provide a level playing field of lists of medical professionals. However, by the nature of the questions and answers about the medical professionals, you may be able to choose for yourself which medical professional would be best for you.
No Patient Confidentiality or HIPAA Protection
This WMA website is open to the public and anything you post is public information.
The Health Insurance Portability and Accountability Act (“HIPAA”) regulates and limits the use and disclosure of your private health information by certain healthcare institutions. However, HIPAA regulations do NOT apply to information gathered by or through the public websites like the WMA website. Do not post something that you do not want others to know, or information from which others may infer something you do not want them to know.
Please keep in mind that on the WMA website, or anywhere else on the Internet, when you give out personal information online that information can be collected and used by people you don't know. While the WMA team acts to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online and you make such disclosures at your own risk.
Do your family and friends a favor – also don’t post anything about someone else that you do not have permission to post.
Personal Behavior and Violations of these Terms
Do not post any material which is knowingly abusive, derogatory, false, hateful, harassing, inaccurate, invasive of a person’s privacy, vulgar, obscene, offensive, profane, sexually-oriented, threatening, or which otherwise breaches any law. Additionally, name-calling and disability-related words with negative connotation (such as “cripple”, “derp”, “dumb”, “freak” “retard”, “tard”, etc.), will not be tolerated. Posts must be made with a certain level of maturity, politeness, and respect for one another (including differing personal, cultural and religious beliefs).
Do not post any spam, chain letters, or advertisements, as these are considered inappropriate use of the forum.
Do not advertise personal fundraisers or professional businesses. Do not “bait” or “catfish” for your personal fundraiser or professional business by offering guidance, information, or knowledge on given subjects, and then using your offer of advice as an attempt to fundraise or sell your own product or service. Soliciting other users to be customers for your own benefit / profit may result in removal from the WMA website.
Examples of personal fundraisers or professional businesses include, but are not limited to, Beach Body, Advocare, Jamberry Nails, Rodan + Fields, Avon, Scentsy, Thirty-One Gifts, and Younique, and requesting financial donations for self/family, charities or non-profit organizations. Additionally, since the WMA team is not able to authenticate them, GoFundMe pages (and any similar in nature pages) are prohibited from being posted. Please limit use of GoFundMe, etc., to your own personal page.
If you have an objection to a post on this WMA website, you are encouraged to contact the page moderator privately through the “Contact Us” button, or by email at WorldMoyamoyaAlliance@gmail.com. When contacting the WMA team in regards to your objection of a post, please include 1) a quote of the post, 2) the date of the post, 3) the author of the post, and 4) your reason for finding objection to the post/why you feel the post should be removed. The WMA team will take all inquiries regarding the matter into serious consideration, however, cannot guarantee removal of all future objected posts as the content and subject matter of said posts are unforeseen.
The WMA website reserves the right to delete any posts/users that do not abide by the guidelines of the organization.
Restrictions on Use
You agree to not, and will not allow or authorize others to, use this WMA website to take any actions that: (i) violate any applicable law, statute, ordinance, or regulation; (ii) are harmful, defamatory, vulgar, libelous, threatening, harassing, invasive of privacy, stalking, abusive, tortuous conduct, bigoted, hateful, discriminatory based on race, ethnicity, gender, sex, or disability, pornographic or obscene; (iii) are false, inaccurate, or misleading; (iv) includes personal or sensitive information regarding yourself or another person, (v) result in spam to other users, (vi) would encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international laws or regulations; (vii) impersonate any person or entity, including, without limitation, one of the WMA team, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (viii) are contrary to WMA’s public image, goodwill, reputation, or mission, or otherwise not in furtherance of WMA’s mission.
WMA may monitor this WMA website at any and all times to determine compliance with these Terms. If you have abused or violated the letter or intent of any of these terms, conditions, or guidelines, or any applicable law, we may do one or more of the following without warning, at any time, and without waiting for you to complete remedial action: terminate or suspend your access to the WMA website and all related services, initiate an investigation, remove materials from our servers, issue a warning, block any prohibited activity, report you and your actions to the authorities, and take any other responsive action. Violations of these Terms may also incur criminal and/or civil liability.
Privacy
Our use of your personal information collected on the WMA website is governed by the terms of the WMA Privacy Policy. The Privacy Policy sets forth our sole obligations with respect to user data and privacy.
Comments and Questions
If you have any questions about our website, please contact us at WorldMoyamoyaAlliance@gmail.com or write to us at World Moyamoya Alliance, 2126 E. Victory Drive, #191, Savannah, Georgia 31404.
Change to the WMA Website and These Terms
The WMA website and these Terms are subject to edits, updates, and other changes at any time and without prior notice. If so, we will publicize that these Terms were changed by appropriate means such as by posting the revised policy on this page with a new “Last Updated” date. In some cases, because there were changes, you may be asked to agree again to these Terms or other requirements, even if you previously agreed to them. Any changes to these Terms will become effective when posted unless indicated otherwise.
No Warranties
As with the ever-changing nature of healthcare and medical research around the world, information on the WMA website is not guaranteed to be accurate, complete, or reliable on a minute-to-minute basis. While the WMA team does its best to provide the most up-to-date information regarding moyamoya, its effects and treatment options, the WMA website may contain errors and inaccurate information, including about medical options, events, products, pricing, and/or availability. You agree not to rely on any information posted on the WMA website. As always, WMA encourages you to consult with your own medical provider regarding your specific case and necessary care.
This WMA website and all related services are provided on an “AS-IS” and “AS AVAILABLE” basis and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
Except for any express warranties explicitly provided herein, and to the extent permitted by law, WMA and its partners, providers, or contributors, DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO:
THE OPERATION OF THE WMA WEBSITE, THE CONTENT, AND/OR ANY INFORMATION MADE AVAILABLE THROUGH THE WMA WEBSITE;
THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT;
THE AVAILABILITY OF THE WMA WEBSITE AND/OR ANY RELATED SERVICES AT ANY TIME OR FROM ANY LOCATION;
WHETHER THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, AND/OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
WHETHER THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED; AND/OR
THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WMA WEBSITE, OR AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY INFORMATION AVAILABLE ON OR THROUGH THE WMA WEBSITE.
YOU UNDERSTAND AND AGREE THAT YOUR ACCESS AND USE OF THE WMA WEBSITE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR SYSTEM OR LOSS OR DATA THAT MAY RESULT FROM USE OR DOWNLOADING ANY CONTENT OR OTHER MATERIAL OR DATA FROM THE WMA WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WMA OR THROUGH THE WMA WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Intellectual Property
The WMA website’s overall “look and feel” logos, service marks, trademarks, mission statement, tagline/slogan "Education, Collaboration, Improving Lives", and other graphics on the WMA website are the exclusive intellectual property of WMA and may not be used without the express written permission of WMA. All other trademarks that may appear on this WMA website are the property of their respective owners.
WMA retains ownership of, in, and to all content (and any groupings or derivatives of such content). You do not gain any legal right, title, or interest to such content by WMA allowing you to utilize the WMA website. Content includes, but is not limited to, all text, music, sounds, photographs, videos, images, illustrations, icons, graphics, headers, typefaces, data, inventory information, databases and software. United States and international law protect the content on the WMA website.
The WMA website is for you to access and view the Content solely for personal, noncommercial purposes. Use of the Content, except as expressly provided in these Terms, may violate the intellectual property rights of WMA and/or its licensors.
Law and Disputes
The WMA website and all matters, disputes, or claims relating to WMA, the WMA team, and these Terms, is governed by and will be construed in accordance with, the laws of the state of Georgia as it is applied to contracts entered into by residents of the state of Georgia, excluding any conflict of laws, rules, or similar principals, and the applicable laws, regulations and treaties of the United States of America.
Any legal suit, action, or proceeding arising out of, or related to, any dispute with respect to WMA website, WMA, the WMA team, and these Terms shall only be brought in the federal courts of the United States or the courts of the State of Georgia, in each case located in the State of Georgia, although WMA retains the right to bring any suit, action, or proceeding (including injunctive or other appropriate relief) against you for the breach of these Terms in your state or country of residence or any other relevant state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation of Liabilities
IN NO EVENT WILL WMA, THE WMA WEBSITE, OUR SUPPLIERS, SERVICE PROVIDERS, CONTRIBUTORS, OR OTHER THIRD PARTIES AFFILIATED WITH US BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE WMA WEBSITE OR RELATED SERVICES, THE RESULTS OF SUCH SERVICES, OR ANY INFORMATION CONTAINED ON THE WMA WEBSITE, OR IN SUCH SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ANY OF OUR SUPPLIERS, CONTRIBUTORS, OR SERVICE PROVIDERS, ARISING FROM OR RELATING TO THESE TERMS (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL THEORY) IS LIMITED TO ONE-HUNDRED U.S. DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
As permitted by applicable law, you agree to, and you hereby agree to defend (if requested by WMA), indemnify, and hold harmless WMA from and against any and all claims, damages, losses, costs, investigations, liabilities, judgements, fines, penalties, settlements, interest, and expenses (including attorney’s fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against WMA or any WMA team member, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your use of the WMA website, (ii) your breach or alleged breach of these Terms or any applicable additional terms, your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the WMA website or your activities in connection with the WMA website, (iii) any information or material provided or submitted by you that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entities, (iv) any misrepresentation made by you, and (v) WMA’s use of the information that you submit to us subject to our Privacy Policy. You will cooperate as fully required by WMA in the defense of any of the aforementioned claims or losses. Notwithstanding the foregoing, WMA retain the exclusive right to settle, compromise, and pay any and all claims or losses associated herewith. You will not settle any claims or losses without, in each instance, the prior written consent of an officer of a WMA. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.