Terms of Use for Facebook Groups
The ASH Minority Medical Student Award Program (MMSAP) Facebook Group is a private group located at www.facebook.com/groups/MMSAP (the "Facebook Group") that is owned and managed by the American Society of Hematology (“ASH”, "we" or "us") on the social media platform operated by Facebook Inc. (“Facebook”). By accessing or using the Facebook Group or by joining the Facebook Group, you (the "User" or "you") agree that (1) you have read and familiarized yourself with these Terms of Service, (2) you understand the Terms of Service, and (3) you are bound by these Terms of Service.
The ASH Ambassador Program Facebook Group is a private group located at www.facebook.com/groups/ASHambassador (the "Facebook Group") that is owned and managed by the American Society of Hematology (“ASH”, "we" or "us") on the social media platform operated by Facebook Inc. (“Facebook”). By accessing or using the Facebook Group or by joining the Facebook Group, you (the "User" or "you") agree that (1) you have read and familiarized yourself with these Terms of Service, (2) you understand the Terms of Service, and (3) you are bound by these Terms of Service.
Compliance With Applicable Terms
Accessing the Facebook Group, in any manner, whether automated or otherwise, constitutes use of the Facebook Group and you agree in addition to these Terms of Service, you must comply with:
- (i) all Facebook Policies located at https://www.facebook.com/policies?ref=pf;
- (ii) the Facebook Terms located at https://www.facebook.com/legal/terms;
- (iii) our Privacy Policy located at http://www.hematology.org/About/Privacy.aspx; and
- (iv) any additional terms and conditions that may apply to specific sections of the Facebook Group (collectively all referred to as “Applicable Policies”).
We reserve the right to change these Terms of Service or to impose new conditions on the use of the Facebook Group, from time to time, in which case we will post the revised Terms of Service or a link to the revised Terms of Service on this Facebook Group and change the "Last Updated" date above to reflect the date of the changes. By continuing to use the Facebook Group after we post any such changes, you accept the Terms of Service, as modified.
Who Can Use This Facebook Group
The Facebook Group is not available to, and may not be used by, temporarily or indefinitely suspended Users. If you do not qualify, please do not access the Facebook Group. ASH may, in its sole and absolute discretion, refuse to allow use of the Facebook Group or accept a person’s, or entity’s, request to join and may, at any time after accepting, refuse to permit a person’s, or entity’s, continuing use of Facebook Group for any reason or for no reason, in ASH’s sole discretion.
By accessing, using, or registering with the Facebook Group, you agree to not share or disclose patient identifiable information to or through use of the Facebook Group. You agree to comply with all applicable privacy and patient confidentiality laws, including but not limited to the Health Insurance Portability and Accountability Act of 1996.
Restrictions
You agree not to:
- (i) violate the restrictions of Facebook and/or the Facebook Group to bypass or circumvent measures employed to prevent or limit access to this Facebook Group;
- (ii) deep-link to any portion of this Facebook Group for any purpose without our express written permission;
- (iii) "frame", "mirror," or otherwise incorporate any part of this Facebook Group into any other website without our prior written authorization; or
- (iv) use the Facebook Group in a manner or for a purpose that could violate federal or state laws, including but not limited to, antitrust and privacy laws.
Restrictions on Submissions
Users shall exercise common sense and courtesy in submitting comments or materials for posting on the Facebook Group (“Submissions”). User shall not submit any comments or materials that:
- (i) imply in any way that ASH is endorsing your products or services without prior written authorization from ASH;
- (ii) violate the copyrights, trademark rights, or other intellectual property rights of ASH and/or third parties;
- (iii) contain unauthorized disclosures of proprietary or confidential information;
- (iv) contain, use, or disclose patient identifiable information.
Right to Monitor and Administer the Facebook Group
ASH or its contractors reserve the right to monitor and administer the Facebook Group, including all content and postings. ASH may, at its sole discretion, remove any content posted to the Facebook Group and/or disallow the use of any particular part of the Facebook Group or the Facebook Group in its entirety by any User, including terminating any User’s posting privileges, at any time.back to top
Intellectual Property Rights
Our Limited License to You
All postings and materials originated by ASH available on the Facebook Group are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Facebook Group is provided solely for your personal, noncommercial use. You may not use the Facebook Group or the materials available on the Facebook Group in a manner that constitutes an infringement of our rights or that has not been authorized by us.
The marks THE AMERICAN SOCIETY OF HEMATOLOGY, ASH, BLOOD, HEMATOLOGIST, BLOOD ADVANCES, and the ASH logo are either registered or common law trademarks in the U.S. and/or other countries (“Trademarks”). Other logos and service, product, and company names displayed on the Facebook Group may be the trademarks of their respective owners. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Facebook Group, without ASH’s prior written consent. The use of Trademarks on any other website or network computer environment is prohibited.
Your License to Us
By posting or submitting the material to the Facebook Group, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate. You acknowledge and agree that materials submitted to us are non-confidential and non-proprietary. We take no responsibility and assume no liability for any materials posted or submitted by you. If you do not agree to these terms and conditions, please do not post any content or materials. In addition, you are fully responsible for the content of your materials and submissions. You acknowledge that ASH may exercise its rights (e.g. use, publish, delete) to any material you submit without notice to you.
Links to Third-Party Sites
As part of the Facebook Group, you may be provided links and pointers to Internet site maintained by third parties. Such linking to such third-party site does not imply an endorsement or sponsorship of such site, or the information, products, or services offered on or through the site. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products, or services that third parties may provide on web sites linked to by us on the Facebook Group.back to top
Disclaimer of Warranties and Liabilities
You must provide and are solely responsible for all hardware and/or software necessary to access the Facebook Group. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
The Facebook Group is provided for informational purposes only, and is not intended to provide medical advice, diagnosis, or treatment or for commercial use. You should always seek advice from a physician or other qualified health provider for your individual medical needs.
Any content or material found on the Facebook Group, including advice, information, functions, services, and third-party contracts made available on, or accessed through the Facebook Group, are accessed at your own risk and are provided on an “as is,” “where is,” and “as available” basis without representations or warranties of any kind whatsoever, express or implied, including without limitation non-infringement, merchantability, or fitness for a particular purpose. ASH does not warrant that the content, material, and third-party contracts, and any information made available on or accessed through the Facebook Group, including without limitation any advice or other materials used in connection with the Facebook Group, will be accurate, timely, secured, uninterrupted, or error free, or that any such defects will be corrected. We do not represent or warrant that the Facebook Group, any files, software, Facebook Group content, any sites "linked" to this Facebook Group, or third-party materials are accurate, complete, reliable, current, or error-free or that the Facebook Group its servers, Facebook Group content, files, any sites "linked" to this Facebook Group, or any third-party materials are free of viruses or other harmful components. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data, or software from or through the Facebook Group and any third-party materials at your own discretion and risk and that you will be solely responsible for your use thereof and any damages, loss of data, or other harm of any kind that may result.
If a user is, dissatisfied with the Facebook Group, the user’s sole remedy is to discontinue using the Facebook Group. ASH makes no representations or warranties regarding any services, transactions, products, or goods purchased or obtained through the Facebook Group, or any transactions entered into through the Facebook Group. No advice or information, whether oral or written obtained by user from ASH or through the Facebook Group shall create any warranty. ASH expressly disclaims any responsibility for any misrepresentations or breaches committed by any user or third party.
Limitation of Liability
Other users of this Facebook Group, are not agents or employees of the ASH or any of its subsidiaries or affiliates. ASH is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.
ASH has no liability, will make no refunds, and accepts no responsibilities for any claims, damages and/or delay due to transactions between you and other third-parties accessed from the Facebook Group and for acts of God, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather, or any other causes beyond the control of ASH. No responsibility is accepted for any additional expense, omissions, delays, re-routing, or acts of any governmental authority. ASH shall not be responsible for any third-party's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability; nor shall ASH be responsible for any other wrongdoing of a third-party (including any liability in tort), as to any products and/or services available through this Facebook Group. ASH shall not be responsible for any third-party's failure to comply with these terms and conditions, nor for any third-party's failure to comply with applicable international, federal, state, and/or local law including, without limitation, laws governing the sale, warranty, and return of perishables. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Facebook Group within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
In no event shall ASH be liable for any damages that are directly or indirectly related to your use of, or the inability to use, (1) the failure or accuracy of the third-party statements or transactions, or (2) the Facebook Group or the content, materials, and functions related thereto, including without limitation, special, indirect, incidental, consequential or punitive damages, loss of revenue or anticipated profits or lost business, lost goodwill, or lost sales.
If, despite the limitation above, ASH is found liable for any loss or damage which arises out of or in any way connected with the service, the Facebook Group, then ASH’s total liability will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Facebook Group, or (b) one-hundred dollars (US$100.00). You acknowledge that this limitation of liability reflects a fair allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms shall inure to the benefit any heirs and assignees of ASH.
Indemnity and Release
You agree to indemnify and hold ASH, and its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors, and assigns harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Facebook Group, or any advice or information provided by third parties accessed from the Facebook Group, your violation of the Terms of Service, and/or the Applicable Policies, your violation of any rights of another, or your violation of any federal, state, or other law or regulation in the United States or any other country in the world or any breach of any of your representations, warranties and/or covenants related thereto.
You and each of your successors, assigns, subsidiaries, and affiliates, hereby unconditionally release and forever discharge ASH and each of and its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors, and assigns harmless from any and all complaints, claims, charges, damages, demands, suits, actions, and causes of action, whether at law or in equity (including attorneys’ fees, costs and expenses), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with your use of the Facebook Group.
Breach of Terms of Service
Without limiting any other remedies available to ASH at law, in equity or under this Terms of Service, ASH has the right to limit your activity on the Facebook Group, immediately issue a warning, suspend, or terminate your ability to access without notice to the User for any of the following reasons:
- (i) the User breaches the Terms of Service or other Applicable Policies;
- (ii) ASH is unable to verify or authenticate the User to the satisfaction of ASH;
- (iii) if ASH, in its sole discretion, believes it is in the best interest of ASH, its Facebook Group and/or other Users; or
- (iv) ASH, in its sole discretion, believes that the User has directly or indirectly engaged in misrepresentation, fraudulent or illegal activity in connection with the Facebook Group.
Personal Identifiable Information
From time to time there may be aspects of the Facebook Group that may require you to provide personally identifiable information such as your name, mailing address, and email address. You agree to provide true, accurate, current, and complete information about yourself. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Facebook Group (or any portion thereof). Our use of any personally identifiable information you provide to us is governed by the terms of our Privacy Policy.
User Name and Password
To access this Facebook Group, will need to create username and password, which you will receive through the Facebook registration process. You must then request access to the Facebook Group, which ASH may give at its sole discretion. This Facebook Group is private, and therefore you are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. If it becomes apparent to ASH that you have shared your password or account information, we may take any reasonable action including terminating your access to the Facebook Group.
Applicable Law; Venue
In the event of any dispute arising out of or relating to your use of this Facebook Group, you agree that this Terms of Service is governed by and construed and enforced in accordance with the laws of the Washington, DC, as it applies to a contract made and performed in such state and that venue for any lawsuit shall arising out of this Terms of Service shall be in the state or federal courts located in Washington, DC.
No Agency
Nothing in the Terms of Service is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, another party in any way.
Severability
In the event any one or more provisions of this Terms of Service shall be declared illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality and unenforceability shall not affect the validity or enforceability of the other provisions hereof, which shall remain in full force and effect.
Modification
These Terms of Service will not be modified on an individual basis. You agree that we may modify the terms of these Terms of Service (or discontinue this Facebook Group) in our sole discretion, without advance notice, and that your right to access this Facebook Group is conditioned on an ongoing basis with your compliance with the then-current version of these Terms of Service.
Waiver
Failure of ASH to enforce one or more of the provisions of these Terms of Service or to exercise any rights hereunder or to require at any time performance of any of the obligations hereof, shall not be construed to be a waiver of such provisions by ASH nor in any way to affect the validity of these Terms of Service or ASH's right thereafter to enforce each and every provision of these Terms of Service.
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