TERMS OF USE

WELCOME TO MOBILEHCA.ORG! Mobile Health Clinics Association d/b/a Mobile Healthcare Association, a CALIFORNIA not-for-profit company (“MHA”), OFFERS THIS WEBSITE AND ITS SERVICES TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS ("Terms of Use").  PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.  YOUR USE OF THIS WEBSITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS OF USE SET FORTH BELOW.  By using our website, you agree to these Terms of Use.  We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time.  You should check these Terms of Use periodically for changes.  By using this website after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.  IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE, PLEASE CONTACT US AT info@mobilehca.org.

Please see http:mobilehca.org for the FAQs for specific events, conferences, and activities and for a plain-language explanation about MHA. 

IMPORTANT – READ CAREFULLY:  This is a legal agreement between you and MHA.  By clicking the “I accept the Terms of Use” button when you make a submission or register for an MHA-sponsored event, you agree to be and hereby are bound by the terms and conditions of these Terms of Use.  If you do not agree to these Terms of Use, you cannot make a submission or register for an MHA-sponsored event.

General Use Restrictions:  MHA or third parties granting rights to MHA hold all right, title, and interest in and to the materials on this website, which are the copyrighted work of MHA or such third parties.  MHA grants you a limited, personal, non-exclusive, and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this MHA website.  Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials in any manner.  This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed materials.  You have no right, title, or interest (and no copyright, trademark or other intellectual property right) in or to the website or any materials and you agree not to "frame" or "mirror" the website, any material contained on or accessible from this website on any other server or Internet-based device without the advanced written authorization of MHA.   

MHA does not routinely monitor your postings to the website but reserves the right so to do.  However, in MHA’s efforts to promote good citizenship within the Internet community, if MHA becomes aware of inappropriate use of the website or any of its Services (defined below), MHA will respond in any way that, in its sole discretion, MHA deems appropriate.  You acknowledge that MHA will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct.  When requested, MHA will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through this website, or transmit to or share with other users (collectively the “User Content”).  You may not post, transmit, or share User Content on the website that you did not create or that you do not have permission to post.  You understand and agree that MHA may, but is not obligated to, review the website and may delete or remove (without notice) any website content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of MHA violates this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.  You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the website or provide to MHA.  You agree that under no circumstances will MHA be liable in any way for any loss or damage to any content or photos you post, e-mail, or otherwise make available to MHA. 

When you post User Content to the website, you authorize and direct MHA to make such copies thereof as MHA deems necessary in order to facilitate the posting and storage of the User Content on the website.  By posting User Content to any part of this website, you automatically grant, and you represent and warrant that you have the right to grant to MHA an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with this website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. MHA reserves the right to modify, translate, republish, reproduce, and/or distribute any and all content and photos submitted through the website.

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, abusive, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) create or submit unwanted email (“Spam”); or (vi) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. We may terminate your access to the website if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the website more than twice.  We also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.  We may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.

Third Party Interaction and Links to Third Party Websites:  In your use of this website, you may enter into correspondence with, purchase goods and/or services from, donate funds to, or participate in promotions of advertisers or members or sponsors of this website.  Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party.  You agree that MHA has no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.

MHA and its agents or representatives do not endorse or in any respect warrant any third-party products or services by virtue of hosting an event or by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to this website. 

This website may be linked to other websites on the World Wide Web that are not under the control of or maintained by MHA.  Such links do not constitute an endorsement by MHA of any such websites.  You acknowledge that MHA is providing these links to you only as a convenience, and you agree that MHA is not responsible for the content or links displayed on such websites to which you may be linked.  Your interactions with organizations and/or individuals found on or through the website, including the payment and delivery of goods or services or donations, if any, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and/or individuals. 

You agree that MHA shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third-party organizations or individuals.  If there is a dispute between participants on this website, or between users and any third party, you understand and agree that MHA is under no obligation to become involved.  In the event that you have a dispute with one or more users, you hereby release MHA, its agents, employees, successors, and assigns, from any and all liability associated with such dispute. 

Privacy:  MHA’s privacy notice is available here.

Rewards:  Rewardsand prizes received from this website, if any, constitute taxable income for purposes of federal and state income tax.  You are responsible for reporting such income to the appropriate tax authorities as well as paying any applicable tax on the income.  By accepting any reward from this website, you agree to report and pay the taxes associated with such reward.  Any rewards and prizes will be based on availability. 

Presenters, Participant Engagement, Blogs and Social Media Interaction:  The opinions or views expressed by any event attendee, speaker, exhibitor, or sponsor are theirs alone, and do not reflect the opinions of MHA or any agent or employee of MHA. All attendees, speakers, exhibitors, and sponsors are solely responsible for the content of all individual or corporation presentations, marketing collateral, and/or advertising, subject to compliance with these Terms of Use.  MHA is not responsible for the accuracy of any of the information supplied by presenters, attendees, exhibitors, sponsors, bloggers, or other participants.  MHA is not responsible for any offence caused inadvertently through interpretation of grammar, punctuation, or language.  Presenters, attendees, exhibitors, sponsors, bloggers, and all other participants must use the English language.

Registration for Membership and Other Events:  You may view Content on the website without registering, but as a condition of using certain aspects of the website, you may be required to register with MHA and select a screen name ("User ID") and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account.  You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene.  MHA reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name.  You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the website.  You shall never use another User account without the other User’s express permission.  You will immediately notify MHA in writing of any unauthorized use of your account, or other known account-related security breach.

Registering for Events, Conferences, Webinars; Refunds:  To register for an MHA event, tradeshow, conference, webinar or any other activity, whether virtual or in person (each an “Event”), you will be required to complete the registration information and accept the terms of our Privacy Notice and these Terms of Use.  All information you provide in the registration process and to achieve your attendance and participation in the Event is subject to MHA’s Privacy Notice, which can be found here.  Payment of all registration fees are due at the time of registration and must be in US Dollars.  Check payments must be certified and made with a certified check from a US banking institution.  To make a late registration payment by cashier’s check, please email us at info@mobilehca.org.  If you must cancel your registration, you must submit a request for cancellation in writing via email to info@mobilehca.org. Your cancellation request to receive a full refund must be made within 30 days prior to the scheduled Event date.  Unless otherwise approved by us in writing, no refunds will be granted if you request a cancellation after the date that is less than 30 days prior to the scheduled Event date.  You can transfer your registration to a substitute attendee if you provide us with all of the substitute’s registration information.  If you or your substitute attendee do not attend the Event, neither you nor your substitute attendee will be entitled to any refund of the registration fee.  All refunds will be processed and returned though the same payment method in which the registration was made within 30 days after the conclusion of the Event. If MHA determines, in its sole discretion, that you are in violation of these Terms of Use or other rules and restrictions applicable to an Event, MHA reserves the right to terminate your access to the Event, terminate your User ID and, if applicable, membership in MHA.  If MHA terminates your access to the Event or your membership in MHA as a result of your violation of these Terms of Use or a rule or restriction applicable to an Event venue or the Event provider’s terms and conditions of participation, you will not be entitled to a refund of your registration fees or membership fees and you might be subject to additional claims and cost associated with your violation of these Terms of Use.

Acknowledgements for Event Participation.  When you register and attend an Event, you, on behalf of yourself and your successors, heirs and assigns, hereby waive and release from liability, MHA, its agents and employees, from and against all damages, expenses, losses, damage, personal injury, including loss of life, disability, property damage, property theft or actions of any kind that you suffer or might suffer before, during or after the Event. 

MHA reserves the right to imposes certain restrictions on the use of multimedia at its events (e.g. photography, video, audio, online streaming, and all future mediums).  Attendees are permitted to use hand-held cameras and/or smart phones to take photographs and capture digital images for personal, non-commercial use, provided the photography is not disruptive. Photographs may not be published, sold, reproduced, transmitted, distributed, or otherwise commercially exploited in any manner whatsoever.

MHA might hire professional service providers (photo/video/streaming/audio) to document and display the event experience.  MHA might also use social media to: (i) post real-time photos and videos to its social media feeds; and (ii) display select submissions from those feeds on monitors throughout the event venue.  Attendees and sponsors are encouraged to capture their event experiences and post their own social content from the event (text, photos, audio, video, streaming), provided your post does not infringe upon the rights of any attendee, sponsor, third party, MHA or otherwise violate these Terms of Use.

Membership Fees and Donations:  Joining MHA as a member requires the payment of annual membership dues. Additionally, if you elect to support, by way of a pledge (donation) or other funding, you must make your donation by using the payment options provided.  The payment will be collected by the credit card company or third-party credit agency at the time you make your pledge.  The amount pledged is the amount that will be charged.  You agree to have sufficient funds or credit available to ensure that your pledge amount will be collectible.  Once you make your pledge, you will not be permitted to decrease or cancel your pledge.  All funds pledged by you are collected by and through the credit card company or third-party credit agency designated at the time you make your donation.  Donations through the website shall be made by in accordance with the requirements established by the applicable credit card company or third-party credit agency.  All donations must be made in U.S. dollars.  Please carefully review the payment requirements and payment process established by the applicable credit card company or third-party credit agency.  MHA is not responsible for any actions by any credit card company or third-party credit agency or any failure by such credit card company or third-party credit agency to fulfill its obligations to you.  Your credit card will be charged at the time you make your pledge.

Intellectual Property:  If you are a presenter or other contributor at an MHA event or conference or for the MHA website, you agree to the following terms:

• MHA will not have any ownership rights over your submissions. However, MHA needs the following license to perform and market your presentation, publication, or other contribution on your behalf and on behalf of our other users and for MHA.  You hereby grant to MHA the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the presentation, event, conference, publication or other contribution, (b) MHA’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the presentation, event, conference, publication, website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the submission; (iii) allow its users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the presentation, event, conference, publication or other contribution and Trademarks in connection with the work of MHA; and (iv) use and publish, and permit others to use and publish, your submissions, presentation, publication, contribution Trademarks, names, likenesses, and personal and biographical materials of you and the members of your presenting or contributing group (as applicable), in connection with the provision or marketing of the presentation, event, conference, publication or other contribution.  The foregoing license grant to MHA does not affect your other ownership or license rights in the presentation, publication, or other contribution, including the right to grant additional licenses to your project presentation, publication, or other contribution.
• You are publishing your presentation or a derivative of it, you may be identified publicly by your name or User ID in association with your presentation.
• You grant to each user a non-exclusive license to access your presentation, publication or other contribution through the website or through the applicable web-based event or virtual conference site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such presentation, publication or other contribution solely for personal, non-commercial use.
• You further agree that your presentation, publication or other contribution will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant MHA all of the license rights granted herein.
• You will pay all royalties and other amounts owed to any person or entity based on your presentation, publication or other contribution to the website or MHA’s publishing or hosting of the presentation, publication or other contribution as contemplated by these Terms of Use.
• MHA shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your presentations, publications, or other contributions.
• All information publicly posted or privately transmitted through the website is the sole responsibility of the person from which that content originated.
• MHA will not be liable for any errors or omissions in any Content.
• MHA cannot guarantee the identity of any other users with whom you may interact while using the website.
• All Content you access through the website is at your own risk and you will be solely responsible for any resulting damage or loss to any party.

In accordance with the Digital Millennium Copyright Act, MHA has adopted a policy of, in appropriate circumstances, terminating user accounts that are repeat infringers of the intellectual property rights of others.  MHA also may terminate user accounts even based on a single infringement.

Disclaimer of Warranties:  Your use of this website is at your own risk.  This website may include inaccuracies or errors that may affect the quality of the materials, products, or services offered through the website.  The materials, products offered, or Services offered have not been independently verified or authenticated in whole or in part by MHA.  MHA does not warrant the accuracy or timeliness of the materials, product deliveries, or class times offered and ultimately available.  MHA has no liability for any errors or omissions in the materials, product offerings, or class schedules, whether provided by MHA or third parties.

THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY.  MHA, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE WEBSITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE WEBSITE.  ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. MHA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS WEBSITE OR YOUR INABILITY TO USE THE WEBSITE, EVEN IF MHA HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, MHA DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

NEITHER MHA, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE OR PROVIDED AT OR THROUGH AN MHA SPONOSRED EVENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Inaccuracies or Errors: The descriptions, pictures and other representations of any products or Services on this website may contain inaccuracies and errors.  MHA does not make any warranty or representation with respect to the accuracy or completeness of any such information.  Furthermore, the prices and availability of products and Services, including membership fees and registration fees, may change without notice to you at any time in MHA's or a third party’s sole discretion.  MHA or a third party shall have the right to refuse or cancel any orders placed for products, services, membership or to attend an event listed at an incorrect price or placed for a donation if the cost is determined to be incorrect or inaccurate.

Local Laws; Export Control:  MHA controls and operates this website from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations.  Unless otherwise explicitly stated, all marketing or promotional materials found on this website are solely directed to individuals, companies, or other entities located in the United States of America.  If you use this website from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.

Force Majeure: MHA shall not be held responsible for any delay or failure in performance of its obligations hereunder to the extent such delay or failure is caused by fire, flood, strike, civil, governmental or military authority, acts of God, acts of terrorism, acts of war, epidemics, pandemics, health or safety restrictions, the availability of an Event venue or other similar causes beyond MHA’s reasonable control.  For one or more of such reasons, MHA reserves the right to postpone, reschedule or cancel the Event without liability on the part of MHA and without providing refunds of registration fees or membership fees.  If an Event cannot be held or is postponed pursuant to this section, MHA shall not be liable to attendee for any damages, costs, or losses incurred, such as transportation costs, accommodations costs, or financial losses.  

Trademarks and Images:  The trademarks, logos, and service marks, including those products denoted with ^TM or ®, as well as pictures, graphs, or photographs of products, persons, or other objects (collectively, the “Trademarks and/or Images”) displayed on this website are registered and unregistered trademarks of MHA, its affiliates, and third parties.  If a Trademark and/or Image is owned by a third party, MHA or its affiliate has obtained permission from such third party to use the third-party Trademark and/or Image on this website.  Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks and/or Images without the express written permission of MHA, its affiliate, or the applicable third party.  Your misuse of the Trademarks and/or Images on the website and in its contents, except as provided in these Terms of Use, is strictly prohibited.  You are advised that MHA will aggressively enforce its intellectual property rights in the website and its contents to the fullest extent of the law, including by seeking criminal sanctions.

Terms of Use Revisions:  MHA may revise these Terms of Use at any time without notice by updating this posting. Your continued use of the website after such modifications have been made will constitute your acceptance of such revised Terms of Use.

Applicable Law:  Any action related to these Terms of Use will be governed by the law of the State of Missouri, without regard to the choice or conflicts of law provisions of any jurisdiction.  You agree to submit to the jurisdiction of the courts located in the State of Missouri, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of the website.

Indemnification for Unauthorized Activities: Submissions and unauthorized use of any materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations.  You alone are responsible for your actions or the actions of any person using your user name and/or password.  As such, you shall indemnify and hold MHA and its agents, employees, affiliates, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this website or the use of this website by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.

© 2020.  Mobile Health Clinics Association.  All rights reserved.