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AMERICAN JEWISH MEDICAL ASSOCIATION

Terms and Conditions

AMERICAN JEWISH MEDICAL ASSOCIATION 


TERMS OF USE 


Last Updated: December 17, 2024 


1. Agreement to Terms of Use 
Welcome to https://theajma.org/ (together with its subdomains, related features, Content, Marks,  services, and mobile applications, the “Platform”). Please read the following Terms of Use carefully before using this Platform and any services we provide (“Services”) so that you are aware  of your legal rights and obligations with respect to American Jewish Medical Association and any  chapters, affiliates, and/or partners (“AJMA”, “we”, “us”, or “our”).  


Your use of the Platform and our Services constitutes your agreement to be bound by these Terms  of Use, together with the Online Privacy Policy (the “Terms” or “Agreement”). You hereby waive  any applicable rights to require an original (non-electronic) signature or delivery or retention of  non-electronic records, to the extent not prohibited under applicable law. If you disagree with one  or more of these terms or find them unacceptable in any way, please do not use the Platform or our  Services. 


2. Ability to Accept Terms 
This Platform is only intended for individuals aged 18 years or older. If you are under 18 years,  please do not visit or use this Platform. If you are between 13-18 years of age, then you must  review these Terms with your parent or guardian before visiting or using the Platform to ensure  that you and your parent or guardian understand and agree to these Terms.  


3. Changes to Terms of Use 
We have the right to change or add to the terms of this Agreement at any time by posting the  amended Terms on the Platform. Any use of the Platform after our publication of any such changes  shall constitute your acceptance of the Terms as modified. However, any dispute that arose before  the modification shall be governed by the Terms (including the binding individual arbitration  clause) that were published and in place at the time when the dispute arose.  


4. Site Access  
AJMA grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license  to access and use this Platform and our Services in accordance with these Terms.  


5. Emergencies 
THIS PLATFORM IS NOT AN EMERGENCY-RESPONSE OR EMERGENCY MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY  SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH  OR DANGER OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD  DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER. AJMA IS UNDER NO  OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO THIS  PLATFORM.


6. Age Limitations 
The Platform is not intended for anyone under the age of 18, without the consent of a parent or  guardian. If you are under 18 years of age, please do not use or access the Platform, without the  consent of a parent or guardian. By using the Platform, you affirm that you are over the age of 18  or that you have the consent of a parent or guardian. AJMA does not seek through the Platform to  gather personal information from or about persons under the age of 18 without the consent of a  parent or guardian. 


7. Restricted Use 
You may use this Platform only to the extent that you obey all laws, rules, and regulations  applicable to your use of this Platform. In using the Platform, you agree not to:  • Send or otherwise transmit to or through the Platform any unlawful, infringing, harmful,  harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind,  any material that can cause harm or delay to the Platform or computers of any kind, and  any unsolicited advertising, solicitation, or promotional materials; 

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  • Misrepresent your identity or affiliation in any way; 

  • Restrict or inhibit any person from using the Platform, disclose personal information  obtained from the Platform or collect information about users of the Platform; • Use, modify, create derivate works of, transfer (by sale, resale, license, sublicense,  download, or otherwise), reproduce, distribute, display or disclose Content (defined  below), except as expressly authorized herein;  

  • Violate or breach in any way copyrights, trademarks, or any other proprietary rights found  on this Platform;  

  • Reverse engineer, disassemble or decompile any section or technology on the Platform, or  attempt to do any of the foregoing; 

    • Gain unauthorized access to the Platform, to other users’ accounts, names,  personally identifiable information, or other information, or to other computers or  websites connected or linked to the Platform; 

    • Launch or use any automated system, including without limitation “robots,”  “spiders,” or “offline readers,” that access the Platform in a manner that sends more  request messages to our servers in a given period of time than a human can  reasonably produce in the same period by using a conventional web browser; 

    • Send or otherwise transmit to or through the Platform chain letters, unsolicited  messages, so-called “spamming” or “phishing” messages, or messages marketing  or advertising goods and services; 

    • Post, transmit or otherwise make available any virus, worm, spyware or any other  computer code, file or program that may or is intended to damage or hijack the  operation of any hardware, software, or telecommunications equipment; 

    • Violate any applicable laws or regulations in any way; 

    • Alter or modify any part of the content or services offered on or through the  Platform; 

    • Allow any other person to use the Platforms with your registration or login  information; 

    • Breach, disable, interfere with, or otherwise circumvent AJMA’s security or  authentication measures; and 

    • Assist or permit any persons in engaging in any of the activities described above.

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8. Your Privacy 
Upon acceptance of these Terms, you confirm that you have read, understood, and accepted  AJMA’s Online Privacy Policy. You acknowledge that any questions about the use of your  personal information (including your name, email address, mailing address, gender, date of birth,  any personal or protected health information, or, any data about you that you elect to provide  electronically through the Platform and any other information that identifies who you are) may be  used by AJMA solely in accordance with these Terms and AJMA's Online Privacy Policy (or as  otherwise agreed upon between you and AJMA in writing). 


9. Information Submission 
You hereby undertake and confirm that all information, data, and documents that you submit  through the Platform including when submitting reports, making donations, signing petitions, etc.,  are complete and accurate, align with the Platform’s purpose, and do not include any personally  identifiable information about any individual without that individual’s appropriate consent or  authorization. 


10. Registration 
Registration is not required to view certain content on the Platform. However, to use some parts  of the Platform and Services you may be required to register and provide certain information about  yourself, including your e-mail address and password (“Credentials”). If you become a registered  member of the Platform, you accept responsibility for all activities that occur under your  registration account. You agree to provide true, accurate, complete, and correct information at the  time of registration, and to promptly update this information as needed so that it remains true,  accurate, complete, and correct. You should keep your Credentials private and not share your  Credentials with anyone else. You are responsible for maintaining the confidentiality of your  Credentials. If you believe someone has accessed the Platform using your Credentials without your  authorization, e-mail us immediately at info@theajma.org. 


11. Transactions 
If you wish to purchase products or Services described or linked to on the Platform (each such  purchase, a “Transaction”) or obtain membership to AJMA, AJMA or the third party provider of  the product or service will request certain information from you that is applicable to your  Transaction, including, without limitation, credit card and other payment and shipping  information. You understand that, if any such information is provided to AJMA, then AJMA shall  treat any such information in the manner described in our Online Privacy Policy. By supplying  such information, you grant AJMA the right to provide such information to third parties for  purposes of facilitating the completion of Transactions initiated by you or on your behalf. You  agree to pay all charges incurred by you or any users of your membership account or credit card  (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred,  including, without limitation, all shipping and handling charges. You shall also be responsible for  paying any applicable taxes relating to your purchases. YOU REPRESENT AND WARRANT  THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER  PAYMENT MECHANISM USED IN CONNECTION WITH ANY TRANSACTION. 


Descriptions or images of, or references to, products or Services on the Platform do not imply  AJMA’s endorsement of such products or Services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product  or service and/or to refuse service to you. Verification of information applicable to a purchase may  be required prior to AJMA’s acceptance of any order. Price and availability of any product or  service are subject to change without notice. AJMA is not responsible for errors in the prices or  descriptions of any product or service. Refunds and exchanges shall be subject to AJMA’s and/or  any applicable third party’s refund and exchange policies in effect at the time of the applicable  Transaction. Current rates for any product or service available through the Platform may be  obtained by sending an email to info@theajma.org. 


12. Donations 
AJMA may collect donations through the Platform, social media, and other platforms. Donations  are processed through third-party payment service providers and donation management providers  (“Third-Party Providers”).  

 

a. To make a donation using a credit card, you will be required to provide personal details,  including your full name, identification number, email address, mobile phone number,  mailing address (including postal code), and payment information. 

b. When donating, your credit card will be verified by the credit card issuer. After the  donation is confirmed, you will receive a donation confirmation via email in  compliance with legal requirements.  

c. In case you do not receive a donation confirmation in your inbox, please check your  spam folder or similar folders. If the confirmation is still not found, it may be due to an  error in entering your email address. If this occurs, please contact AJMA at  info@theajma.org. 

d. AJMA may use donation funds at its sole discretion, provided that its actions align with  AJMA’s mission and purpose. 

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13. Social Media and Online Communities 
AJMA may provide you opportunities to share information on third party social media sites or  platforms such as Facebook, Instagram, LinkedIn, Twitter, Google+, or other similar sites  (collectively, “Social Media Services”). AJMA may also provide you opportunities to participate  in online communities on such Social Media Services and may host discussion boards, chats, and  other forums on this Platform. For example, you may use your Instagram handle and tag your  photos and postings (“Tagged Content”) with hashtags that we may provide from time to time in  order to submit your Tagged Content for potential use on our Platform. If you post Tagged Content  with hashtags as we may provide from time to time, your activity and participation is governed by  these Terms. Additionally, you remain responsible for your compliance with other applicable  Terms such as those of Instagram or other Social Media Services. Without limitation of any other  obligations, you agree that you will be respectful of others and their privacy and will not submit  photos of others without their express permission. AJMA may terminate or restrict your access to  the Platform at any time.  


14. Selection and Removal of Tagged Content 
AJMA will review Tagged Content and select certain Tagged Content for posting on our Platform;  we make no guarantee that your Tagged Content will be posted. Notwithstanding the foregoing,  you remain fully responsible and liable for your Tagged Content and its compliance with these  Terms, other applicable terms of use and applicable laws. If your Tagged Content is posted to our  Platform, you may request removal of your Tagged Content by marking it as “private” in your  Social Media Platform account or by emailing us at info@theajma.org. 


15. Monitoring 
We have no obligation to monitor any related websites, chats, discussion boards or any other  materials that you or third parties transmit or post on or to the Platform or related websites, if any.  However, you acknowledge and agree that we have the right (but not the obligation) to monitor  the Platform, discussion boards, the chats, and the materials you transmit or post; to alter or remove  any such materials (including, without limitation, any posting to a chat or discussion board); and  to disclose such materials and the circumstances surrounding their transmission to any third party  in order to operate the Platform properly, to protect ourselves, our sponsors, and our other clients  and visitors, and to comply with legal obligations or governmental requests. 


16. Third Party Sources and Services 
The Platform may enable you to view, access, communicate, link to sign petitions, post/share  content on social media (e.g., Instagram, Facebook, LinkedIn, Threads, X, etc.), pay through (e.g.,  make a donation), and use content from Third Party Sources (defined below) that are not owned  or controlled by us (“Third Party Services”). The Platform may also enable you to communicate  and interact with Third Party Sources. “Third Party Source(s)” means: (i) third party websites and  services; (ii) our partners; and (iii) Third-Party Providers. 


We are not affiliated with and have no control over any Third Party Sources. We do not assume  any responsibility for the content, terms of use, privacy policies, actions, or practices of any Third  Party Sources. Please read the terms of use and privacy policies of any Third Party Sources that  you interact with before you engage in any such activity. 


We are not responsible for, and we expressly disclaim, all warranties regarding the accuracy,  appropriateness, usefulness, safety, or intellectual property rights of, or related to, any Third Party  Services. 


We do not endorse any advertising, promotions, campaigns, products, services, or other materials  that are included in any Third Party Services or that are communicated to you from a Third Party  Source. 


You are solely responsible and liable for your interaction with a Third Party Source. You agree to  waive, and hereby do waive, any legal or equitable rights or remedies you may have against AJMA,  and release AJMA from any and all liability, arising from your use and interaction on any Third  Party Services and from your interaction with any Third Party Source. If you have any query or  complaint regarding a Third Party Source or any Third Party Services, you agree to contact the  Third Party Source directly. 


17. Link to the Platform
AJMA permits you to link to the Platform provided that: (i) you link to but do not replicate any  page on this Platform; (ii) the hyperlink text shall accurately describe the content as it appears on  the Platform; (iii) you shall not misrepresent your relationship with AJMA or present any false  information about AJMA and shall not imply in any way that AJMA is endorsing any services or  products, unless we have given you our express prior consent; (iv) you shall not link from a website  that you do not own; (v) your website and domain name do not contain content that (a) is offensive  or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights,  or other rights of any person or entity; and/r (vi) you, and your website, comply with these Terms  and applicable law. 


18. Copyright Notice 
This Platform is owned and operated solely by AJMA. The entire contents and design of the  Platform are protected by U.S. and international copyright law. The (i) content on this Platform,  including without limitation, the text, documents, articles, brochures, descriptions, products,  software, graphics, photos, sounds, videos, interactive features, and services (collectively, the  “Materials”), (ii) and User Submissions, as defined below (together with the Materials, the  “Content”), and (iii) the trademarks, service marks, and logos contained therein (“Marks”), are the  property of AJMA and/or its licensors and may be protected by applicable copyright and other  intellectual property laws and treaties. AJMA owns all trademarks, trade secrets and other  intellectual property rights, in and to the Platform and any related materials and documentation.  No title or ownership of the Platform or any portion thereof is transferred to you hereunder. AJMA reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright  or proprietary notice related to materials downloaded from the Platform. All rights regarding the  Platform and materials contained on the Platform are either owned by AJMA, are licensed to it, or  are used with permission. AJMA and its licensors retain and reserve all proprietary rights to the  contents of this Platform.  


You may not copy, republish, upload, post, display, transmit, or frame any of these materials  without prior written consent from AJMA. You may link to, view, download, use, display and  print a single copy of the materials found on this Platform only for personal, noncommercial, and  informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you  include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not  use the materials in a way that suggests an association with AJMA or an affiliated entity. All such  copies must include, at a minimum, the following copyright notice: “Copyright © 2024 American  Jewish Medical Association. All rights reserved.” Any other use of the Platform or the  information contained here is strictly prohibited. AJMA may terminate the above license at any  time for any reason. If you breach any of these terms your license terminates immediately and  automatically and without notice. Upon the termination of this license, you must stop using this  Platform, including all content, and return or destroy all copies, including electronic copies, of the  content in your possession or control.  


You may provide input, comments, or suggestions regarding the Platform (“Feedback”). You  acknowledge and agree that AJMA may use any Feedback without any obligation to you and you  hereby grant AJMA a worldwide, perpetual, irrevocable, royalty-free, transferable license to  reproduce, display, perform, distribute, publish, modify, edit, or otherwise use such Feedback as  AJMA may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion. 


19. Copyright Infringement – DMCA Notice 
The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders  who believe in good faith that material appearing on the Internet infringes their rights under  copyright law. If you believe in good faith that content or material on this Platform infringes a  valid copyright owned by you, you (or your agent) may send AJMA a notice requesting that the  material be removed, or access to it blocked. This request should be sent to info@theajma.org.  


The notice must include the following information: (a) a physical or electronic signature of a  person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;  (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the  material that is claimed to be infringing or the subject of infringing activity; (d) the name, address,  telephone number, and email address of the complaining party; (e) a statement that the complaining  party has a good faith belief that use of the material in the manner complained of is not authorized  by the copyright owner, its agent or the law; and (f) a statement that the information in the  notification is accurate and, under penalty of perjury, that the complaining party is authorized to  act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good  faith that a notice of copyright infringement has been wrongly filed against you, the DMCA  permits you to send us a counter-notice. Notices and counter-notices must meet the then-current  statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the  Platform should be sent to the email address above.  


20. Trademark Notice 
AJMA names and logos and all related product and service names, design marks, and slogans are  the trademarks or service marks of AJMA. All rights are reserved. You are not authorized to use  any AJMA name or mark in any advertisement, publicity or in any other commercial manner  without prior written consent of the AJMA CEO. All other trademarks appearing on the Platform  are the property of their respective owners. 


21. Security 
We have implemented technical and organizational measures designed to secure your personal  information from accidental loss and from unauthorized access, use, alteration, or disclosure.  However, we cannot guarantee that unauthorized third parties will never be able to defeat those  measures or use your personal information for improper purposes. You acknowledge that you  provide your personal information at your own risk. 


22. Information Description 
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on this Platform is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility. 


23. Representation and Warranties 
You represent and warrant to us that: (a) you are at least 18 years of age; (b) your use of this  Platform will be in compliance with these Terms; (c) the information you have provided to AJMA in your registration is accurate and complete; (d) you will comply with any and all laws applicable to your use of the Platform; (e) you will not interfere with a third party's use and enjoyment of the  Platform; (f) you will not interfere with or disrupt AJMA’s or its vendors’ security measures; (g)  if any information you provide to AJMA becomes inaccurate, incomplete, or otherwise false or misleading, you will immediately notify AJMA; (h) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by AJMA  or its representatives that any healthcare services will be made available to you; and (i) you are accessing the Platform for yourself or a child under the age of eighteen (18) for whom you are the legal guardian. 


24. No Warranties 
USE OF THIS PLATFORM IS AT YOUR OWN RISK AND CONTENT ON THE PLATFORM  IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS TO THE MAXIMUM EXTENT  PERMITTED BY APPLICABLE LAW. THE PLATFORM AND SERVICES ARE PROVIDED  WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,  INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,  FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR  INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AJMA OR  THROUGH THIS PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY  STATED HEREIN. WITHOUT LIMITING THE FOREGOING, AJMA, ANY AFFILIATED  AJMA ENTITY, THEIR PROCESSORS, PROVIDERS, LICENSORS (AND THEIR  RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS,  EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) (COLLECTIVELY “AJMA PARTIES”) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE,  RELIABLE, COMPLETE OR CORRECT; THAT THIS PLATFORM WILL MEET YOUR  REQUIREMENTS; THAT THIS PLATFORM WILL BE AVAILABLE AT ANY  PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY  DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS PLATFORM IS FREE OF  VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR  OTHERWISE OBTAINED THROUGH THE USE OF THIS PLATFORM IS DOWNLOADED  AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE  TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 


AJMA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY  FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY  THROUGH THIS PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, OR  FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AJMA WILL NOT BE A  PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND  THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 


25. Indemnity 
BY VISITING THIS PLATFORM, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD  HARMLESS AJMA, AND AJMA PARTIES FROM AND AGAINST ALL CLAIMS,  ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES,  DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING  OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,  EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION  WITH YOUR USE OF THIS PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY  CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT  OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY  CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM,  LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY  DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM  ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF  FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR  MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED AJMA OF THE  POSSIBILITY OF SUCH CLAIM.  


26. Limitation of Liability and Damages 
THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM AND ANY  OF ITS SERVICES IS TO STOP USING THE PLATFORM OR SERVICE. YOU AGREE THAT  UNDER NO CIRCUMSTANCE SHALL ANY OF AJMA PARTIES BE LIABLE FOR ANY  DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS PLATFORM OR  THE MATERIALS ON THIS PLATFORM. THIS PROTECTION COVERS CLAIMS BASED  ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL  THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE  INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL,  RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL  INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST  DATA OR BUSINESS INTERRUPTION. 


27. Disputes 
If a dispute of any kind arises, we want to understand and address your concerns quickly and to  your satisfaction. Please contact us at info@theajma.org with any dispute. If we cannot resolve  your concerns, we agree to an informal and inexpensive dispute resolution process requiring  individual arbitration. “Disputes” between you and AJMA, including AJMA Parties, are defined  for the purposes of these Terms to include any claim, controversy, or dispute (whether involving  contract, tort, equitable, statutory, or any other legal theory) between you and AJMA including,  but not limited to, any claims relating in any way to these Terms (including its breach, termination,  or interpretation), any other aspect of our relationship, AJMA advertising, and any use of AJMA Services.  


28. Binding Individual Arbitration 
You and AJMA agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court  and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided  by a neutral arbitrator who has the power to award the same damages and relief that a court can.  ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON An  INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY  GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT  PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST AJMA. If  any provision of this arbitration agreement is found unenforceable, the unenforceable provision  shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there  be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual  arbitration with a single arbitrator administered by ADR Services, Inc. or any other neutral service  agreed to by the parties according to this provision and the applicable arbitration rules for that  forum. Consumer claimants (individuals whose transaction is intended for personal, family, or  household use) may elect to pursue their claims in their local small-claims court rather than through  arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer  bringing a claim relating to personal, household, or family use, any arbitration hearing will occur  within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Los  Angeles, California, or another mutually agreeable location, or a location ordered by the arbitrator.  The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any  court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to  attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are  seeking relief, AJMA will not seek to have you pay its attorney’s fees, even if fees might otherwise  be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this  arbitration provision, references to you and AJMA also include respective subsidiaries, affiliates,  agents, employees, predecessors, successors, and assigns.  


29. Jurisdiction 
Information provided on AJMA’s Platform is not targeted to users in any particular locality nor is  it intended to constitute the doing of business in any jurisdiction. 


This Platform is a service provided by AJMA and does not constitute any contact with any  jurisdiction outside the State of California. Use of this Platform is prohibited in any jurisdiction  having laws that would void this Agreement in whole or essential part or which makes accessing  the Platform illegal. Users in such jurisdictions visit and use this Platform entirely at their own  risk. Note: the essential parts of this Agreement include, without limitation, the exclusive remedy  provisions, and the warranty disclaimers.  


This Agreement is entered into and performed in the State of California, United States of America.  It is governed by and shall be construed under the laws of California, exclusive of any choice of  law or conflict of law provisions.  


30. Requests for Information  
If you contact AJMA and request information about our programs or Services, we will use your  email or postal address to provide the information you requested. You agree that we may use and  share information you provide us as described in our Online Privacy Policy. 


31. Limitation on Time to Initiate a Dispute 
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must  commence within one year after the cause of action accrues. 


32. Links to Other Websites 
AJMA Platform may contain links to third party websites as a convenience to you. The inclusion 
of any website link does imply an approval, endorsement, or recommendation by AJMA. You  agree that you access any such website at your own risk, and that the Platform is not governed by  the Terms contained in these Terms. AJMA expressly disclaims any liability for these websites.  Please remember that when you use a link to go from our Platform to another website, AJMA’s  Online Privacy Policy is no longer in effect. Your browsing and interaction on any other website,  including those that have a link on our Platform, is subject to that website’s own rules and policies. 


33. Downloadable Files and Email  
AJMA cannot and does not guarantee or warrant that email or files available for downloading from  its Platform will be free of viruses or other code that may contaminate or destroy data on your  computer. You are responsible for implementing sufficient protective procedures and checks to  maintain the accuracy of your data for maintaining a data back-up or other means for the  reconstruction of any lost data. AJMA does not assume any responsibility or risk for damage to  your computer or its files related to your use of the Platform or Services. 


34. Notice for California Users 
If you have a question or complaint regarding the Services provided to you by AJMA, please  contact us at info@theajma.org to receive further information regarding the Services or to resolve  the complaint.  


35. Assignment 
You may not assign any rights or obligations under this Agreement without AJMA’s prior written  consent. AJMA may assign all or part of this Agreement. 


36. Termination; Survival 
If you violate these Terms, your ability to use the Platform will be terminated. AJMA may, in its  sole discretion, terminate your access to the Platform, or any portion thereof, for any reason  whatsoever without prior notice. These actions are in addition to any other right or remedy AJMA may have available at law. Further, AJMA shall not be liable to you or any third party for any such  termination or discontinuance. You may terminate these Terms by ceasing to access and use the  Platform. Upon any termination of these Terms, you must immediately cease use of the Platform.  To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and  your warranties and indemnities shall survive any termination of these Terms. All sections of this  Agreement which, by their nature are designed to survive expiration or termination of this  Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.  


37. Waiver 
No waiver of any of these terms shall be deemed a further or continuing waiver of such term or  condition or any other term or condition. 


38. Notices 
You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by  any other method. 


39. Severability 
If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent  necessary to allow the remainder of this Agreement to retain its full force and effect.  


40. Entire Agreement; Amendment 
This Agreement constitutes the entire agreement between you and AJMA applicable to its subject  matter. It may not be modified except as described elsewhere in this Agreement.  


41. Conflicting Terms  
Anything on the Platform inconsistent or in conflict with the terms of this Agreement is superseded  by the terms of this Agreement. 


42. Electronic Document 
This electronic document, and all other electronic documents referred to or incorporated herein,  will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all  statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a  signed agreement. A printed version of these Terms and any notice given in electronic form shall  be admissible in judicial proceedings or administrative proceedings based upon or relating to these  Terms to the same extent and subject to the same conditions as other business documents and  records originally generated and maintained in printed form. 


43. Language 
English shall be the language of these Terms and the parties waive any right to use and rely upon  any other language or translations. 


44. Contact Information 
Please contact us with any questions or concerns regarding this Agreement at info@theajma.org. 

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