Terms of Use

Terms of Use

Welcome to The Mastocytosis Society (TMS) website.  The following Terms of Use outline your obligations when using the TMS website.

Acceptance of Terms

By accessing, viewing, or using the website, you confirm that you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract, and equally binding, and you accept such Terms of Use and agree to be legally bound by them. If you do not agree with the Terms of Use, you are not granted permission to use the website and should exit immediately.

Modification of Terms

TMS may, without notice to you, at any time, revise these Terms of Use and any other information contained in this website.

You are responsible for regularly reviewing information posted on the website to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the website. Your continued use of the website means you accept and agree to be bound by the modified Terms of Use.

Privacy

TMS has a Privacy Policy  disclosing the source and type of information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used. Please review our Privacy Policy to better understand our practices.

Use of the Website

Subject to full compliance with these Terms of Use, TMS grants website users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the website. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the website or any of its content for any purpose except as described in these Terms of Use, without the express written consent of TMS. TMS may modify, update, suspend or discontinue the website, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice.  TMS shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

Membership Information

As a condition of your use of the website, you agree to  provide TMS with true, accurate, current and complete information as prompted by the TMS registration forms, when registering for membership.

User Conduct

As a condition of your access to and use of the website, you agree not to use the website for any purpose that is unlawful or prohibited by these Terms of Use; interferes with the rights of TMS or the rights of other users of the website; or for any other purpose not reasonably intended by TMS.

Links to External Websites

TMS links to the various external websites. TMS is not responsible for the contents of any external website linked from this website. You are subject to that website’s Terms of Use, privacy policy, and compliance with accessibility requirements when you leave our website.

TMS does not make any representations or warranties as to the security of any information (including, without limitation, payment and other personal information) you might be requested to give to any third party or Vendor. You use these websites at your own risk.

TMS is not responsible for the accessibility or unavailability of any Vendor or for your interactions and dealings with them.

TMS shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any correspondence or business dealings with or as the result of TMS’s publication of information about Vendors or third parties linked from our website.

Linking to this Website

TMS consents only to links to this website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this website; (b) misrepresent the existence or nature of a relationship with TMS; (c) imply that TMS approves or endorses the linking entity, its website, or its product or service offerings; and (d) present false or misleading impressions about TMS or otherwise damage the goodwill associated with the TMS name or trademarks. TMS may, at any time, in its sole discretion, terminate permission to link to this website and require that the linking entity immediately remove all links to this website and cease any use of TMS trademarks.

Termination of Access

TMS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice or consent. TMS shall have no responsibility or liability for deleting or failing to store any content submitted to or published on this website.

Furthermore, TMS may terminate your privilege to use or access the website immediately and without notice for any reason or no reason whatsoever. Upon such termination, you must immediately cease accessing or using the website and agree not access or make use of, or attempt to use, the website. You acknowledge that TMS reserves the right to take action – technical, legal or otherwise – to block, nullify or deny your ability to access the website. You understand that TMS may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to TMS.

Copyrights

All content included in or made available through this website, such as text, graphics, logos, images, digital downloads, data compilations, and software is the property of TMS  and protected by United States and international copyright laws.

Accessibility

TMS complies with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794 (d)). TMS provides individuals with disabilities access to information that is comparable to that which is available to other individuals. If you use special adaptive equipment to access the web and encounter problems when using our site, please email us at info@tmsforacure.org, and we will attempt to provide the information to you in a suitable format. It would be helpful if you can be as specific as possible when describing the information you seek.

Delays and Accessibility

The website may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. TMS is not responsible for any delays, failures or other damage resulting from such problems.

Document Viewers

The following applications, made available by third parties, may assist you in accessing documents available on the TMS website:

Adobe Reader (link is external)

Pop-Up Advertisements

TMS does not employ or permit pop-up advertisements on this website. Additionally, TMS does not endorse or recommend products or services for which you may view a pop-up advertisement on your computer screen while visiting our website. When visiting our website, if your web browser produces pop-up advertisements, these advertisements were most likely produced by other websites you visited or by third party software installed on your computer.

Monitoring

For website security purposes and to ensure that this site remains available to all users, we employ software programs to monitor traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. In the event of authorized law enforcement investigations, and pursuant to any required legal process, information from these sources may be used to help identify an individual.

Electronic Communications

When you use our website, or send e-mails or other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails or notices and messages on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Indemnity

You agree to indemnify and hold us harmless as well as our directors, officers, members, managers, employees and independent contractors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Disclaimer of Warranties and Limitation of Liability

YOUR ACCESS TO THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS-IS.” WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TMS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF TMS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Governing Law and Choice of Forum

These Terms of Use shall be governed by, and construed in accordance with, the laws of the United States and the State of Massachusetts, without giving effect to conflicts of law principles thereof. Any action at law or in equity arising from or relating to the use of this website or to these Terms of Use shall be brought exclusively in the federal or the State of Massachusetts courts residing in Massachusetts. By accessing, viewing, or using the material on this website, you consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this website, your access or use of this website, or these Terms of Use, and to extra-territorial service of process.