Website Terms and Conditions of Use
The effective date of these Terms and Conditions of Use is July 17, 2009.
Welcome to The TMJ Association, Ltd. (“TMJA” or “us” or “we”) website. TMJA provides this website to you for your convenience and to provide general education and support concerning temporomandibular disorders.
IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, DO NOT ACCESS OR USE THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, TMJA DOES NOT PERMIT YOU TO ACCESS OR USE THE WEBSITE.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR REFERENCE. TO PRINT, SELECT “FILE” ON THE MENU ON YOUR BROWSER AND THEN SELECT “PRINT,” OR SELECT THE “PRINT” ICON LOCATED AT THE TOP OF THIS AGREEMENT.
MODIFICATIONS TO THIS AGREEMENT
TMJA MAY REVISE THESE TERMS & CONDITIONS OF USE AT ANY TIME. SHOULD ANY MATERIAL REVISIONS BE MADE, TMJA WILL CONSPICUOUSLY NOTE SUCH REVISIONS. THE NEW REVISIONS WILL BE EFFECTIVE AS OF THEIR POSTING. BY ACCESSING OR USING THIS WEBSITE AFTER SUCH REVISIONS ARE POSTED, YOU AGREE AND CONSENT TO ALL SUCH REVISIONS.
NO MEDICAL ADVICE
THE CONTENT ON THE WEBSITE IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE THAT THE CONTENT IS IN NO CASE TO BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE NOR IS IT TO BE RELIED UPON BY ANY PERSON OR ENTITY FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT. TMJA SHALL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE CONTENT, BUT NEITHER TMJA NOR ITS AFFILIATES GUARANTEES THE SEQUENCE, ACCURACY, OR COMPLETENESS OF THE CONTENT AND SHALL NOT BE LIABLE IN ANY WAY TO YOU, OR ANYONE ELSE TO WHOM THE CONTENT MAY BE FURNISHED, FOR ANY DELAYS, INACCURACIES, UNAVAILABILITY, ERRORS, OR OMISSIONS IN THE CONTENT. SUCH CONTENT IS RELIED UPON AT YOUR OWN RISK AND SOLE DISCRETION.
WEBSITE CONTENT AND ACCESS
TMJA reserves the right with or without prior notice to discontinue any services or content available on this website, or otherwise change specifications at any time without incurring any obligations to any party.
The content on the website, including without limitation the text, graphics, logos, button icons, images, video or audio clips, digital downloads, data compilations, and software, is the property of TMJA and is protected under applicable United States and international patent, copyright, trademark, and other intellectual property laws. The compilation of all content on the website, as well as the original arrangement, organization, design, formatting, trade dress, and look and feel of the website is also the exclusive property of TMJA, and is also protected by United States and international intellectual property laws.
Copyright © 2015 TMJ Association, Ltd. All rights reserved.
TMJA is the owner of the trademark CHANGING THE FACE OF TMJ™. Other graphics, logos, button icons, and service names appearing on this website are also the distinctive and protected trademarks, service marks, or trade names of TMJA. The website may contain various third-party names and marks that are the property of their respective owners.
Any unauthorized use of TMJA’s marks, copyrighted material, trade dress, or any other intellectual property is strictly prohibited and will be prosecuted to the fullest extent that the law provides.
Should you provide TMJA any postings, feedback, or data, such as ideas, images, video, comments, stories, suggestions, or questions, such information will not be given confidential treatment. TMJA does not have any obligation of any kind to you with respect to any information that you submit.
Your submission of such information affects an assignment to TMJA of such information (along with any underlying or related ideas, concepts, techniques, and know-how) and you agree to assign, warrant that you have the right to assign, and hereby assign all such information to TMJA without charge. As the sole and exclusive owner of such information, TMJA will be free to reproduce, copy, use, disclose, and distribute the information to others including without limitation incorporating your postings, feedback, or data (and any underlying or related ideas, concepts, techniques, and know-how) into any TMJA product or service, including without limitation the website, without compensation to you of any kind.
LICENSE TO ACCESS
You may view, copy, print, and use content contained on the website solely for your own personal use, provided that: (1) it is used for informational and non-commercial purposes only; (2) no text, graphics, or other content available from this website is modified or framed in any way; and (3) no graphics available from this website are used, copied, or distributed separate from accompanying text. The use of any content for commercial purposes is expressly prohibited. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel, or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark, or other intellectual property of TMJA or any third party, except as expressly provided in this section.
You may not use, copy, modify, distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile, mirror, or transmit any of the content or materials of the website, or rent or sell use of or access to (such as on a time share or service bureau basis) the website, or any of the content or materials on the website. You may not permit third parties to access the website or use any website content and may not make any other use of the website or any website content except as set forth in this Agreement, unless otherwise expressly agreed to in writing by TMJA. You may not harvest or collect information about others, including but not limited to email addresses.
You agree to use the website for lawful purposes only. You may not post or transmit through the website any material (1) that violates or infringes in any way upon the rights of others, (2) that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, (3) that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, or (4) that, without TMJA’s express prior approval, contains advertising or any solicitation. Any conduct by you that, in our discretion, restricts or inhibits any other person from using or enjoying the website will not be permitted.
You understand and agree that TMJA may terminate or otherwise deny your access to the website without notice in the event TMJA believes in its sole discretion that (1) you have violated a provision of this Agreement, (2) you have used or misused the website in a manner that TMJA has determined is unlawful, unethical, or otherwise inappropriate, (3) such action is reasonably necessary to protect a third party or TMJA, or (4) such action is otherwise required by law.
You acknowledge and agree (1) that your use of the website is at your own discretion and risk, (2) that use of any material, information, or data downloaded or otherwise obtained through the use of the website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information, or data, and for any other form of damage that may be incurred.
The website is intended for access only by United States residents. Potential users in any jurisdiction in the world, the common, statutory, regulatory, or codified law of which would void this Agreement in whole or in any essential part (the essential parts being at least, but not only, the exclusive venue provision, the exclusive remedy provision, and warranty disclaimer), or which makes accessing the website illegal, are unauthorized to use the website, and do so entirely at their own risk.
The website may contain links to, or be accessed through links on, websites managed and operated by or on behalf of third-party entities. These third parties are separate and independent entities and are not agents of TMJA. TMJA does not have control over such third-party websites or the content of such websites. As a result, TMJA does not have responsibility for the information, misinformation, errors, availability, operation, or performance of any such third-party website to which this website may link or from which this website may be accessed.
If you operate another website and are interested in linking to our website, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must “point” to the URL for the home page (www.tmj.org) for this website and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with TMJA’s name, trademarks, or services; (5) the link, and use thereof, may not create the false appearance that another entity is associated with or sponsored by TMJA; and (6) the link, when activated by a user, must display this website full-screen and not with a “frame” on the linked website. TMJA reserves the right to revoke consent to the link at any time in its sole discretion, either by amending this Agreement or through other notice to you.
Reference to any treatment, device, product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name, or otherwise does not constitute or imply the endorsement or recommendation of such by TMJA. Any views expressed by third parties on this website are solely the views of such third-party, and TMJA assumes no responsibility for the accuracy or veracity of any statement made by such third party.
THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS
If you believe that your intellectual property rights have been infringed or otherwise violated by a third party on the website, you must provide TMJA a notice containing the following information, pursuant to Section 512 of Title 17 of the United States Code:
(a) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) a description of the copyrighted work or works that you claim have been infringed;
(c) a description of the allegedly infringing material, including its location on the website;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
TMJA’s Copyright Agent for notice of claims of infringement is:
P.O. Box 26770
Milwaukee, WI 53226-0770
Phone: (262) 432-0350
Fax: (262) 432-0375
TMJA assumes no liability or responsibility for any content or material of any kind that is submitted for or posted on any area of the website. TMJA is merely a publisher of any such content and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.
BULLETIN BOARDS, CHAT ROOMS, FORUMS, AND OTHER INTERACTIVE AREAS
TMJA may provide bulletin boards, chat rooms, forums, and other interactive areas for its visitors to participate. By accessing or using this website, you agree to abide by the following guidelines for use of any such bulletin boards, chat rooms, forums, and other interactive areas:
- You must maintain a polite, pleasant environment. Comments that harass, abuse, or threaten others are prohibited. You may not criticize other individual users or TMJA.
- Your comments must be generally appropriate to other users. Any content that is defamatory, pornographic, obscene, or otherwise objectionable is prohibited.
- Your comments must be relevant to the stated topic.
- You may not send any chain letters, junk mail, unauthorized email, or commercial solicitations, or engage in, facilitate, or encourage any illegal activities.
- Any and all postings you may submit to this website must be your original work, based upon your diligent research and best efforts.
- You may not post or submit specific doctors’ names, practice names, care facility names, and the like.
All users of this website must also follow any other guidelines or rules provided by TMJA or posted on the website for such postings or submissions. A failure to comply with any of these guidelines or rules, or any of the other provisions of this Agreement, will result in, among other possible action, the immediate termination of all access and privileges to post content to the website. Please report any violations of these guidelines to TMJA as provided for in the “Contact Us” section of this Agreement below.
You and other users of any bulletin boards, chat rooms, forums, and other interactive areas are solely responsible for the content and consequences of any messages you communicate or post on this website. TMJA will have no liability for any content and consequences of any such messages. You are responsible for all activity that takes place under a user identification name associated with you. If you provide any information that is false, misleading, inaccurate, or outdated, we may suspend, deny, or terminate your access to the website pursuant to this Agreement.
You should exercise the utmost discretion before providing any personal information to third parties via any such bulletin boards, chat rooms, forums, or other interactive areas that may be on this website.
Although TMJA is not obligated to monitor the content or the accuracy of information, you acknowledge and agree that TMJA, in its sole discretion, has the right to monitor, without notice, any such content or information posted on the website, including without limitation “Private Messages.” TMJA also reserves the right, in its sole and absolute discretion, to prohibit any conduct or remove any content, without notice, for any reason, and to revoke any user’s access, for any or no reason. TMJA also reserves the right to review any submission, including without limitation “Private Messages,” you may send to or via the website and may decide, in its sole discretion, whether or not your submission is appropriate for the website.
THE WEBSITE AND ALL INFORMATION, SERVICES, AND RELATED MATERIALS IT CONTAINS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TMJA MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE WEBSITE OR THE INFORMATION OR MATERIALS IT CONTAINS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TMJA SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.
USE OF THE INTERNET IS INHERENTLY UNRELIABLE. AS A RESULT, TMJA DOES NOT WARRANT THAT THE WEBSITE OR YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TMJA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
WHILE TMJA TAKES COMMERCIALLY REASONABLE EFFORTS TO PROTECT THE PRIVACY AND CONFIDENTIALITY OF YOUR INFORMATION AND TRANSACTIONS, TMJA CANNOT ENSURE ANY INTERNET TRANSACTION IS COMPLETELY SECURE. TMJA USES INDUSTRY STANDARD TECHNOLOGY TO HELP PROTECT AGAINST THE LOSS, MISUSE, AND ALTERATION OF THE INFORMATION UNDER TMJA’S CONTROL; HOWEVER, TMJA DOES NOT GUARANTEE THAT SUCH LOSS, MISUSE, OR ALTERNATION WILL NOT OCCUR.
YOU UNDERSTAND THAT USE OF THE INTERNET AND THE WEBSITE IS AT YOUR OWN RISK. TMJA IS NOT RESPONSIBLE FOR ANY VIRUS OR DAMAGE TO YOUR COMPUTER, COMPUTER SOFTWARE, OR ANY LOSS OF DATA THAT MAY RESULT FROM USE OF THE WEBSITE OR ACCESS TO ANY CONTENT OR SERVICES.
The website may be unavailable from time-to-time due to mechanical, telecommunication, software, and third-party vendor failures. TMJA cannot predict or control when such downtime may occur and cannot control the duration of such downtime. As a result, TMJA cannot have any liability for such failures.
Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by TMJA on the website however, TMJA is not responsible for misprints, out-of-date information, technical inaccuracies, typographical, or other errors. Information and related materials are subject to change without notice.
No advice or information from TMJA in any manner will create any warranty as to the website or any product, service, or material available through this website. If for any reason you are not satisfied with the website or its content, your sole remedy is to cease using the website or such content, even if such remedy should fail of its essential purpose.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
In no event, including but not limited to negligence, will TMJA or any of its affiliates, officers, members, representatives, suppliers, directors, employees, consultants, owners, or agents be liable for damages of any kind, including without limitation any direct, special, indirect, incidental, exemplary, punitive, or consequential damages arising from or otherwise related to the website, your use of the website, or your reliance on information or content provided on the website, whether such damages are based in tort, contract, negligence, strict liability, or otherwise, even if TMJA has been advised of the possibility of such damages or such damages were otherwise foreseeable. In any event, the aggregate liability of TMJA and its affiliates, officers, members, representatives, suppliers, directors, employees, consultants, owners, or agents for any reason shall not exceed $100.00, even if such remedy should fail of its essential purpose.
YOUR REPRESENTATIONS AND WARRANTIES
By using the website, you represent and warrant to TMJA that (1) you are at least eighteen (18) years of age, (2) you have the legal ability and authority to enter into this Agreement with TMJA, (3) the information you have provided and will provide in the future to TMJA is accurate and complete, (4) you will comply with any and all laws applicable to your use of the website, (5) you will not interfere with a third party’s use and enjoyment of the website, and (6) you will not interfere with or disrupt TMJA’s security measures. If any information you provide to TMJA becomes inaccurate, incomplete, or otherwise false or misleading, you will immediately notify TMJA.
You also represent, warrant, and covenant that your use of the website will be consistent with any and all applicable local, state, national, foreign, and international laws and regulations, including, but not limited to any applicable export control laws, data security laws, and privacy laws. You will not engage in advertising to or solicitation of any users of the website, nor will you transmit any spam, chain letters, or other similar communications to other users via the website. You will promptly report any violation of this Agreement to TMJA.
You agree to defend, indemnify, and hold harmless TMJA and its affiliates, officers, members, representatives, suppliers, directors, employees, consultants, owners, and agents from and against any claims, allegations, damages, losses, liabilities, or expenses (including, but not limited to attorneys’ fees) that such party may suffer or incur as a result of your use or misuse of the website, your infringement of any intellectual property or other right of TMJA or any other person or entity, or any violation of this Agreement.
DISPUTES AND INTERPRETATION
This Agreement is governed by and interpreted under the laws of the State of Wisconsin and the federal laws of the United States, without regard to conflicts of laws principles. This Agreement and access to the website will be deemed to have been performed and occurred in the State of Wisconsin and the courts of that State will have exclusive jurisdiction to entertain any action arising under this Agreement. You hereby irrevocably submit to the exclusive jurisdiction and venue of the courts of the State of Wisconsin, the County of Waukesha, and the Eastern District of Wisconsin, as applicable, and waive any objections as to personal jurisdiction, venue, and forum nonconviens.
In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises. Certain provisions, by their nature or as explicitly stated, will survive any termination or expiration of this Agreement. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition will be severable and shall not affect the validity and enforceability of any remaining condition.
If you have any questions about this Agreement, please contact us at the following:
The TMJ Association, Ltd.
P.O. Box 26770
Milwaukee, WI 53226-0770
Phone: (262) 432-0350
Fax: (262) 432-0375