TERMS AND CONDITIONS OF USE of the Mayan families Website
Welcome to the website of Mayan Families. Please take a few minutes to review the following statements containing important legal information, privacy policies and other terms and conditions of use of this site.
Thank you in advance for your cooperation.
SUMMARY OF IMPORTANT LEGAL INFORMATION
The Mayan Families website (the “Site”) is produced by and for the Mayan Families organization. All use of the Site is subject to the Terms and Conditions set forth below. By entering and using the Site, you acknowledge that you have read and understood such Terms and Conditions and that you agree to abide by them. The Site is designed and intended for educational purposes only. Mayan Families does not endorse, guarantee, warrant, or recommend any information, products or services discussed or advertised on the Site or linked from the Site.
No Medical Advice or Physician-Patient Relationship. THE CONTENT OF THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT, AND SHOULD NOT BE CONSIDERED TO BE, MEDICAL ADVICE. THIS INFORMATION IS NOT INTENDED TO CREATE, AND RECEIPT OF IT DOES NOT CONSTITUTE, A PHYSICIAN-PATIENT RELATIONSHIP. THE CONTENT IS NOT INTENDED FOR USE IN THE DIAGNOSIS OR TREATMENT OF ANY INDIVIDUAL CONDITION OR AS A SUBSTITUTE FOR A CONSULTATION WITH A LICENSED MEDICAL PROFESSIONAL. THE CONTENT SHOULD NOT BE CONSIDERED COMPLETE; IS NOT EXHAUSTIVE; AND DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS, OR THEIR DIAGNOSIS OR TREATMENT. THE CONTENT SHOULD NOT BE USED IN PLACE OF A VISIT, CALL OR CONSULTATION WITH, AND THE ADVICE OF, YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDERS. SHOULD YOU HAVE ANY HEALTH CARE-RELATED QUESTIONS, CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER PROMPTLY. TALK TO YOUR DOCTOR OR PHARMACIST BEFORE TAKING ANY PRESCRIPTION OR OVER THE COUNTER DRUGS, INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING THAT YOU HAVE READ ON THE SITE.
Information Presented by Mayan Families. The information presented on behalf of Mayan Families on the Site is designed for informational and educational purposes only. Although Mayan Families endeavors to ensure the accuracy and reliability of information presented by or on behalf of Mayan Families on the website, it does not guarantee the accuracy, completeness, efficacy or timeliness of such information, and therefore, makes no representation or warranty regarding the same. Furthermore, Mayan Families does not endorse, guarantee, warrant, or recommend any information, products or services discussed or advertised on the Site or linked from the Site. Reliance on any information, products or services appearing on the Site that is provided by Mayan Families or Mayan Families' employees is solely at your own risk.
Information Presented by Users and Third Parties. Any content and/or opinions uploaded or submitted by a third party, including all materials, articles, hyperlinks, documents, spreadsheets, presentations, images, individual user profiles, comments, opinions, or other dialogue, any other content or opinions in any form and responses to questions (hereinafter “User-Posted Content”) are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Mayan Families. Mayan Families makes no representation or warranty regarding User-Posted Content that is posted or uploaded by users of the Site or other third parties, and Mayan Families expressly disclaims any and all liability related thereto. By using the Site, you agree to hold Mayan Families harmless from any and all claims arising out of User-Posted Content. Reliance on any information, products or services appearing on the Site, whether provided by third parties at the invitation of Mayan Families or visitors or contributors to the website is solely at your own risk.
Liability of Mayan Families and its Licensors. The Site and information provided on the Site is provided on an “as is” and “as available” basis, with all faults. Neither Mayan Families nor any person associated with Mayan Families makes any warranty or representation with respect to the quality, accuracy, or availability of the Site. Specifically, but without limiting the foregoing, neither Mayan Families nor anyone associated with Mayan Families warrants or represents that the Site or the information provided on the Site will be accurate, reliable, error-free, uninterrupted; that defects will be corrected; that the Site or the servers that make them available are free from viruses or other harmful components; or that the Site will otherwise meet your needs or expectations. Mayan Families disclaims all warranties of any kind, express or implied, including any warranties of merchantability, fitness for a particular purpose or non-infringement. In no event will Mayan Families or its contractors be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, the Site, including any direct, indirect, incidental, special, consequential or punitive damages, including, but not limited to, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions, or other inaccuracies in the Site or the content transmitted on the Site or personal injury, whether or not there is negligence by Mayan Families and whether or not Mayan Families has been advised of the possibility of any such damages.
Member and User Obligations. You agree to comply in all respects with these Terms and Conditions as they may be amended, updated or revised from time to time. Your failure to comply with the provisions of copyright and trademark restrictions and member obligations may expose you to civil and/or criminal liability.
Copyright and Trademark Notices. The content of material provided by Mayan Families on the Site is copyrighted by Mayan Families or used by Mayan Families under license or other legal authority. Mayan Families and its licensors retain all copyrights and other proprietary rights in or relating to any content, including any software, provided on the Site. All rights are reserved and such content may not be reproduced, downloaded, modified, published, displayed, disseminated, or transferred, in any form or by any means, except with the prior written agreement of Mayan Families or as indicated below. You may download and print a small number of copies of the content for scientific or educational uses. You may not sell, transfer, reproduce, transmit, distribute, perform or display such content for any commercial purpose without the prior express written consent of Mayan Families.
a. Collection of Personal Information. Mayan Families may ask for information about our users at the point of registration. Such information may include name, age, education level, gender, e-mail address, zip code and areas of interest. This information tells us about the types of people (e.g., providers vs. patients, members vs. nonmembers) who use the Site, allows us to verify a user’s identity and helps us tailor the Site to our audience.
b. Use of Personally Identifiable Information. Mayan Families will not sell or otherwise transfer or disclose personally identifiable information to third parties without the user's prior consent except as may be required by federal, state or local law, or by exigent circumstances. That means that Mayan Families will not disclose your name, e-mail address, street address or phone number without your consent. We may use your personally identifiable information to compile and display content and information that we think you might be interested in. Mayan Families also may use your profile information on an aggregate basis -- without personal identifiers -- to develop and display new features and content for the Site, and to provide others with aggregate information about our users and the usage patterns of the Site. Mayan Families also may perform statistical analyses of user behavior (on an aggregate basis) in order to measure interest in and use of the various areas of the Site.
c. Use of Personally Identifiable Information in the Member Directory and Expertise/Laboratory Databases. The Mayan Families Site also provides member profile and contact data such as name, address, telephone number, city, state, job title, and workplace to other members through the Mayan Families online directory. Other identifying information is not available. Users of the Site agree to use directory and database information for individual, personal and confidential reference purposes only and agree not to use the directory or databases, in whole or in part, for mailing lists, solicitations, fundraising or commercial purposes. Users of the Site further understand and agree that their names and contact information may be posted on this site in a membership database for access by members only. Such users agree to hold Mayan Families harmless from any and all claims arising out of or relating to the publication or display of their names and/or contact information.
d. Retention of User Information. It is not possible for a user to delete his or her profile from our database, nor is it feasible to delete all traces of a user's activity in the system. Messages posted to bulletin boards are examples of user activities that are not feasible to delete.
e. Voluntary Disclosure of Personally Identifiable Information on Bulletin Boards, News Groups and Chat Rooms, and other Interactive Areas (collectively "Interactive Areas"). Users should be aware that when they voluntarily disclose personally identifiable information (for example, user name, e-mail address) on an Interactive Area of the Site, that information, along with any substantive information disclosed in the user's communication, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of Mayan Families and Mayan Families is not responsible for the discoverability of any user’s identity by methods beyond our control.
f. Cookie Technology. Mayan Families collects non-personal identification information through the use of “cookie” technology and/or Internet Protocol (“IP”) address tracking. Cookies are small text files a website can use to recognize repeat users and facilitate the user’s ongoing access to and use of the site. Non-personal identification information might include the browser used by the user, the type of computer, the operating systems, the Internet service providers and other similar information. The Mayan Families system also automatically gathers information about the areas the user visits on the Site and about the links the user may select from within the Site to other sites.
g. Password Protected Areas. Mayan Families does not warrant or represent that the information you submit to the Site will be protected against loss, misuse, or alteration by third parties. You are responsible for taking all steps to ensure that no other person has access to your password or account. It is your sole responsibility to (1) control the dissemination and use of your password; (2) authorize, monitor, and control access to and use of your password; and (3) promptly inform Mayan Families of any need to deactivate your user name or password. You permit Mayan Families and all other persons or entities involved in the operation of the website to transmit, monitor, retrieve, store and use your information in connection with the operation of Mayan Families Site. Mayan Families does not and cannot assume any responsibility or liability for any information submitted by you to the Site or for your or third parties’ use or misuse of information transmitted or received through the Site.
i.Security of Information. Mayan Families is committed to keeping user information secure, and uses industry standard technology in an attempt to achieve that goal.
j. Release of Information to Comply with Legal Requirements or Government Request. Mayan Families reserves the right at all times to disclose any information uploaded to or appearing on the Site to the extent necessary to comply with any applicable law, regulation, legal process, subpoena or governmental request.
k. Removal of Information and Termination of Usage. Mayan Families reserves the right, but does not assume any responsibility, to (1) remove from the Site any material posted by you which Mayan Families, in its sole discretion, deems inconsistent with these Terms and Conditions; and/or (2) terminate your access to all or part of the Site. However, Mayan Families can neither review all material prior to transmission on the website nor ensure prompt action with respect to objectionable material after it is transmitted on the Site. Accordingly, Mayan Families assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties. Mayan Families reserves the right to take any action it deems necessary to protect the personal safety of users of the Site and the public, however, Mayan Families has no liability or responsibility to anyone for performance or nonperformance of the activities in this paragraph.
l. Parental Permission. Mayan Families does not intend that children will use the Site. Some of the information available on the Site may not be appropriate for children. USERS UNDER 18 YEARS OF AGE MUST OBTAIN PARENTAL PERMISSION TO USE THE SITE. Adults should not assist unauthorized children to access the Site. Mayan Families will not knowingly collect, use or disclose personally identifiable information about visitors under 18 years of age.
LINKS TO OTHER SITES AND ADVERTISING ON
THE SITE ALSO MAY CONTAIN ADVERTISEMENTS BY THIRD PARTIES. Mayan Families MAY RECEIVE ROYALTIES FROM SUCH ADVERTISERS. Mayan Families DOES NOT ENDORSE, GUARANTEE, WARRANT, OR RECOMMEND ANY INFORMATION, PRODUCT OR SERVICE CONTAINED IN ADVERTISEMENTS.
USE OF INTERACTIVE AREAS
Mayan Families may provide interactive forums, chat rooms, news groups, bulletin boards and other interactive areas (“Interactive Areas”) on the Site. If you use any of the Interactive Areas, you are solely responsible for your own communications and the consequences of posting those communications, and you assume responsibility for such communications, including its legality, reliability, and appropriateness. By posting or otherwise displaying information on the Site, you grant to Mayan Families the right to display, copy, distribute and publish in any format User-Posted Content you upload or otherwise transmit to the Site. Mayan Families does not assume any responsibility for the truthfulness, accuracy or reliability of any material posted on any Interactive Area, or of consequences of any Interactive Area communications on or arising from use of the Site. IN CASES WHERE YOU FEEL THREATENED OR BELIEVE SOMEONE ELSE IS IN DANGER, YOU SHOULD CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY IMMEDIATELY.
In consideration of being allowed to use the Interactive Areas, you agree not to engage in the following activities:
1. Using an Interactive Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, offensive, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity as determined by Mayan Families at its sole discretion;
4. Posting material that contains any virus, worm, Trojan horse or other code which may contaminate, destroy or interfere with the files or programs of Mayan Families or its users;
5. Posting advertisements or solicitations of business without prior express written consent from Mayan Families in advance of making the posting;
6. After receiving a warning, continuing to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
7. Posting chain letters or pyramid schemes;
8. Impersonating another person;
9. Allowing any other person or entity to use your identification to post or view comments;
10. Posting the same note more than once (i.e., “spamming"); or
11. Posting messages or any other content that may restrain trade or encourage or facilitate an agreement about the following subjects: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; selection, rejection, or termination of customers or suppliers; or any other information that violates federal or state anti-trust or competition laws.
12. Engaging in any other conduct that restricts or inhibits any other person from using the Interactive Areas, or which, in the judgment of Mayan Families, exposes Mayan Families or any of its users or Sponsors to any liability or detriment of any type.
Mayan Families reserves the right but is not obligated to record the dialogue in public chat rooms. Mayan Families does not screen communications in advance and is not responsible for screening or monitoring material posted by users, or any other person or entity. If notified by a user of communication(s) which are alleged not to conform to the terms of this Section, Mayan Families may but is not obligated to investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). Mayan Families reserves the right but is not obligated to remove or edit communications which are abusive, illegal, disruptive, or that otherwise fail to conform with these Conditions. In addition to the removal rights described above, Mayan Families reserves the right to terminate a user's access to any or all Interactive Areas at any time, without or without notice, in the exercise of its sole discretion.
Mayan Families reserves the right but is not obligated to monitor, edit, or disclose any posting on the Interactive Areas for lack of adherence to the Conditions, if required in the course of normal operation and maintenance of Mayan Families, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of Mayan Families or others; or (iii) protect the personal safety of our users, Sponsors, or the public. Mayan Families HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
Mayan Families MAKES NO REPRESENTATIONS, PROMISES, WARRANTIES OR UNDERTAKINGS CONTRARY TO THOSE SET FORTH ABOVE.
Any suspected violations of these Terms and Conditions or misuse of the Site should be immediately reported to firstname.lastname@example.org.
MISCELLANEOUS CONDITIONS OF USE
Resolution and Disputes. These Terms and Conditions shall be governed in all respects by and construed in accordance with the law, without regard to its conflicts of law principles. These Terms and Conditions, as they may be amended from time to time, completely and exclusively state the agreement between you and Mayan Families with respect to the Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have that arises out of or relates to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of or relating to the Site shall be in the state or federal courts located in the State of California. You agree and submit to the jurisdiction of such courts.
If any part of the Terms and Conditions are unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of the Terms and Conditions shall remain in full force and effect. Mayan Families’ failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Mayan Families nor any trade practices shall be deemed to modify the Terms and Conditions.
BY ENTERING AND USING THE Mayan Families SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE OF Mayan Families, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THEM IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS Mayan Families AND ITS OFFICERS, DIRECTORS, MEMBERS, AGENTS, AFFILIATES, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS, AND OTHERS INVOLVED IN THE DELIVERY OF THE WEBSITE OR THE DELIVERY OF INFORMATION, PRODUCTS OR SERVICES OVER THE WEBSITE, FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, FROM ANY CLAIM, COMPLAINT OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY VIOLATION BY YOU OF THESE TERMS AND CONDITIONS.