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MDS Website Terms of Use

Last updated April 2022
 

Terms of Use 

This website and its contents are the property of the International Parkinson and Movement Disorders Society (MDS). This web page states the “Terms of Use” for the use of the MDS website, www.movementdisorders.org (referred as the “Web Site”). By using the Web Site, you agree to be bound by these Terms of Use. MDS may revise these Terms of Use at any time by updating this posting. The terms “You” and “User” are used to refer to anyone who is accessing the Web Site. If you are using the Web Site on behalf of a company or another legal entity, you are nevertheless individually bound by these Terms of Use.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THIS WEB SITE. 
 

1. Use License/Ownership

The Web Site is our proprietary property and all Content, source code, databases, functionality, software, web site designs, audio, video, text, photographs, and/or graphics on the Web Site (collectively, the “Web Site Proprietary Components”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

Permitted Use

We grant you permission to temporarily download one copy of the Web Site content, which we make available to Web Site users on the Web Site (the “Content”) for individual, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not (a) modify or copy Content; (b) use the Web Site Content for any commercial purpose, or for any public display (commercial or non-commercial); (c) attempt to decompile or reverse engineer any software contained on the Web Site; (d) remove any copyright or other proprietary notations from the Content; or (e) transfer the Content to another person or "mirror" the Content on any other server.

Prohibited Use

Except as expressly provided in this Notice, no part of the Web Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

2. Disclaimer 

The Web Site, the Content and the Marks are provided on an “AS IS” basis for your information and individual use only. We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. 

Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Web Site, the Content or the Marks or otherwise relating to the content on any sites linked to the Web Site. 

3. Limitations 

In no event shall we or our directors, officers, members, employees, agents, vendors or suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Web Site, the Content or any services provided by us, even if we or our authorized representatives have been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. 

4. Accuracy of Materials 

The Web Site and/or Content and any other materials appearing on the Web Site could include technical, typographical, photographic or other errors. We do not warrant that the Web Site, the Content or any other materials on the Web Site are accurate, complete or current. We may make changes to the materials contained on the Web Site at any time without notice. However, we do not make any commitment to update the Web Site, the Content or any such materials. 

5. Interruptions 

We cannot guarantee the Web Site and/or the services we provide will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Web Site and/or services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the web site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Web Site during any downtime or discontinuance of the Web Site. Nothing in this Notice will be construed to obligate us to maintain and support the Web Site or to supply any corrections, updates, or releases in connection therewith. 

6. Electronic Communications, Transactions and Signatures 

Visiting the Web Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

7. Term and Termination 

The terms and conditions set forth herein shall remain in full force and effect with respect to you and us while you use the Web Site and/or using its services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEB SITE OR DELETE ANY CONTENT OR INFORMATION PERTAINING TO YOU AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. In addition to terminating or suspending your use, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

8. Changes to These Terms 

As stated above, we may, from time to time, change this Notice. We encourage you to visit and review this Notice frequently to stay informed. Other changes, including amendments made to the Notice to comply with legal requirements, will become effective immediately upon their initial posting.  

9. Indemnification 

By accessing and using the Web Site, you agree to defend, indemnify, and hold us harmless, including our affiliates, and all of our respective directors officers, members, agents, contractors, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, due to or arising out of: (a) your use of the Web Site, the Content or any of our services, whether within the Web Site or otherwise; (b) breach of the terms of this Notice; (c) your violation of the rights of any third party, including but not limited to intellectual property rights; or (d) any harmful act toward us or any other user of the Web Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

10. Governing Law 

This Notice is governed by and shall be construed in accordance with the laws of the state of Wisconsin and you irrevocably submit to the exclusive jurisdiction of the courts in Wisconsin having jurisdiction over our principal office in Milwaukee, Wisconsin. 

11. Web Site Security

User agrees to not access or use the Web Site in any manner that could damage, disable, impair or cause undue burden on the Web Site and/or its host, servers, network, systems or other users. User agrees to not attempt to interfere in any way with the operation of the Web Site, that User will not transmit any virus or worm to the Web Site, that User will not use any spider, robot or any other automated mechanism to access the Web Site and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Web Site. User further agrees that User will not attempt to access MDS that is not intended for your use, that User will not attempt to log on to a server or account that User is not authorized to access, and that User will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

12. Links to Other Sites

The Web Site may contain links to third-party websites. These links are provided solely as a convenience to User and not as an endorsement by MDS of the third-party or the contents of such third-party websites. Because we do not have any control over such third-party websites, MDS is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. Linking to third-party websites is performed at User’s own risk.

13. Registration and Password

Users are responsible for maintaining the confidentiality of their information and password. User is responsible for all use associated with User's registration and the compliance with all Terms of Use. User agrees to immediately notify MDS of any unauthorized use of your password or account or any other breach of security.

14. Termination of Account

MDS reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to deletion of User's postings from the Web Site and immediate termination of User's registration with the Website or ability to access the Web Site and/or any other service provided to User by MDS, upon any breach by User of these Terms of Use or if MDS is unable to verify or authenticate any information User submits to the Web Site for registration. MDS shall not be liable to User nor any third party for any termination of User’s account or access to the Website.

 

Membership Directory Terms of Use

By using MDS’ Membership Directory via the Web Site, you hereby accept and agree to be bound by the following Membership Directory Terms of Use:

The MDS Membership Directory (the “Directory”) and all content are proprietary to MDS.: This Directory shall be used for individual, personal and confidential reference purposes only, and may be used only pursuant to the terms of this license agreement. The contents of this Directory may not, in whole or in part, be reproduced; copied; disseminated; entered into a computer database; used as part of or in connection with the preparation, revision or confirmation of a mailing, telephone, fax, email, or other marketing list; or otherwise utilized, in any form or manner or by any means, except for the user's individual, personal and confidential reference. Contained herein are the names, addresses, telephone numbers, fax numbers, and email addresses of MDS members as of the posting of this Directory.

The presence of information about MDS members in this Directory represents only that these individuals are members in good standing of MDS; it does not represent their consent to allow any other commercial use of the Director information by third parties, or to receive any marketing or communications unrelated to the intended purpose of the MDS Directory. MDS does not endorse these members and makes no representations, warranties or guarantees as to, and assumes no responsibility for, the products or services provided by these members. MDS expressly disclaims all liability for damages of any kind arising out of the use or performance of the products or services provided by these members.
 

Proprietary Notices

"The International Parkinson and Movement Disorder Society," the acronym MDS, and the International Congress of Parkinson's Disease and Movement Disorders®, along with the MDS design logo, are the valuable trademarks and intellectual property of the International Parkinson and Movement Disorder Society ("MDS"). Use of these marks in commerce other than as "fair use" under trademark law is prohibited without the prior express written permission of MDS.

Copyrights to the materials included in this website are owned solely by MDS, including but not limited to Movement Disorders Journal, Movement Disorders Clinical Practice Journal, Evidence Based Reviews and Task Force Papers, MDS E-Newsletter, Moving Along Newsletter, and MDS Rating Scales, except for materials which are created by others (or the copyright to which is otherwise owned by others) and for which a copyright notice is posted adjacent to such content or materials. The copyright to each item of material created or otherwise owned by another is owned by such creator or other owner.

Rating Scales

The MDS Rating Scales in particular may not be reproduced, translated, modified, sold, or distributed without submission and acceptance of a Permissions Request Form and payment of the applicable license fee. Specifically, the MDS Rating Scales may not be incorporated into clinical trials, training or certification programs or materials, software programs, or otherwise except through use of the Permissions Request Form and payment of applicable fees.

Except as stated herein, none of the materials included in this website may be copied, reproduced, transmitted, modified, sold, or distributed in any form or by any means, whether by electronic, mechanical, photocopying, recording or otherwise, without the prior express written permission of MDS, the creator or other owner, as the case may be. In this regard, the graphic images and layout of this website are the exclusive property of MDS and may not be copied, distributed or displayed except using an HTML browser or as otherwise stated herein, without the prior express written permission of MDS.

Please address inquiries regarding usage of MDS trademarks or copyrights or the trademarks and copyrights of others which are contained in this website to:

International Parkinson and Movement Disorder Society (MDS)
555 East Wells Street Suite 1100
Milwaukee, WI 53202-3823 USA
E-mail: info@movementdisorders.org

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