Terms and Conditions of Use

The NYSMDBA website is provided as a service to members of The New York State Medical Defense Bar Association (“NYSMDBA”) and to the public. Certain portions of the website, including the member portal, are restricted to approved members of NYSMDBA. By accessing or using the website, you agree to these Terms and Conditions of Use. Use of the website is also subject to NYSMDBA’s Privacy Policy. If you do not agree with these Terms and Conditions, you should not use the website.

Nothing on this website constitutes legal advice, and NYSMDBA makes no representations or warranties with regard to the accuracy, reliability, or suitability of the information on this site. NYSMDBA makes no representations or warranties that its website will operate free of errors, viruses, or other harmful elements, or will operate uninterrupted. NYSMDBA will not be responsible for lost email or other communications to or from the website.

Membership and account access

Membership in NYSMDBA is by application and is subject to review and approval. By submitting an application, you agree that typing your name in the signature field constitutes a valid and binding electronic signature. Approved members are issued credentials to access the member portal and its features, including the member directory, listserv archive, and discussion forum. NYSMDBA may issue separate rules governing the use of the member portal and its content, which members are expected to follow.

You are responsible for maintaining the confidentiality of your password and credentials, and you are responsible for any activity that occurs through use of your account, including any activity by another person you permit to use your credentials. If your password is lost or stolen, or if you become aware of any unauthorized use of your account, you are responsible for promptly notifying NYSMDBA. NYSMDBA will not be responsible for any loss or damages of any kind resulting from unauthorized use of an account, breach of security of the site, or a user’s failure to comply with these Terms and Conditions.

Prohibited conduct

While using the website, you agree that you will not:
  • Reproduce or distribute content from the website for commercial purposes, or in any manner that misrepresents the source or substance of the material;
  • Use any automated tool or software to collect information from the website or its users, or to attempt to access any portion of the website’s servers in an unauthorized manner;
  • Compile or use lists of NYSMDBA members or their contact information for any commercial purpose, including but not limited to solicitation of new business; or
  • Violate any additional rules issued by NYSMDBA governing the use of the member portal and its content.

Links to third-party websites

NYSMDBA provides links on this website as a convenience to users. NYSMDBA does not endorse, and makes no representations or warranties regarding, any linked websites, the content of those sites, or any products or services offered through them.

Trademarks

The NYSMDBA name and logo are trademarks of NYSMDBA. The NYSMDBA name and logo may not be used in any publicity or advertising, or in any way that expresses or implies endorsement, sponsorship, or affiliation with any entity, product, or service, without the written permission of NYSMDBA.

Suspension and termination

Violations of these Terms and Conditions may result in deactivation of a user’s password or account, or suspension or termination of access to the website. NYSMDBA has the right, but not the obligation, to remove any content, deactivate a user’s account, or suspend or terminate a user’s access to the website at its sole discretion, without notice. NYSMDBA may also terminate the website or any of its services at any time. By using the website, you agree that NYSMDBA shall not be liable for any action taken under this paragraph.

Modification of terms

NYSMDBA may modify these Terms and Conditions at any time by posting the updated terms on the website. Continued use of the website following any modification constitutes acceptance of the revised terms.

Governing law

These Terms and Conditions are governed by the laws of the State of New York, without regard to its conflict of laws principles. Any dispute arising out of or relating to your use of the website shall be brought exclusively in the state or federal courts located in New York.
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