TERMS OF SERVICE
YOU MUST READ AND ACCEPT BEFORE PROCEEDING OR USING WWW.RECOVERWITHMEDA.ORG and WWW.RECOVERWITHMEDA.COM
The following are terms and conditions for registration, membership and use of the products and services provided by the Multi-Services Eating Disorders Association, Inc. (MEDA), via the MEDA Recovery Community located at the URL www.recoverwithmeda.org and www.recoverwithmeda.com.
You must be at least 13 years of age or older to be granted access.
The MEDA Recovery Community is not intended to be a substitute for professional assistance. All members and visitors are encouraged to establish a relationship with a professional treatment team.
By continuing to register, post, or read the message board; access other products and services including but not limited to courses, webinars, recovery tools, meditations, videos and written content, you agree to abide by these Terms of Service and Community Connections Forum Guidelines.
You agree to read the above two links prior to registering, reading, using products, services and accessing the forums and through your use of the site are acknowledging that you have done so. Your continued use of the Website, products and forums indicates your acceptance of these Terms of Service and Guidelines, which are subject to change without notice. Changes will be posted on this page.
You must READ, FULLY UNDERSTAND and AGREE to all terms and conditions before entering into this Agreement and prior to registration.
By using the Website, I warrant that I have read, fully understand, and agree to the terms herein.
In consideration of being permitted to access the MEDA Recovery Community located at URLs www.recoverwithmeda.org and www.recoverwithmeda.com (“Website”), and use the Community Connections message board (“Forum” or “Board”) located within the Website and otherwise enjoy the services of MEDA Recovery Community owned and operated by the Multi-Service Eating Disorders Association, Inc., I represent and confirm that:
* I am at least 18 years of age and that I possess the legal right and capacity to enter into this Agreement and to use this Website in accordance with the terms of this Agreement, and I agree to the following Terms and Conditions of this Agreement.
* I am between 13 and 17 years old in the United States and I have obtained permission from my parent or legal guardian to use the Internet to access websites of the same type and nature as this Website, including those that contain adult material.
* I am at the minimum age of digital consent in the country I reside in.
I. NATURE OF AGREEMENT
(1) Agreement Survives Incapacity. This is a durable Agreement, and I agree that it will survive and remain in effect despite any impairment of my mental capacity, incapacity or incompetence subsequent to my initial acceptance of all terms.
(2) Agreement Supersedes All Others. This Agreement embodies the entire agreement between myself and the Multi-Service Eating Disorders Association, Inc. and is the full and final expression of the intent of the parties with respect to the subject matter herein. This Agreement supersedes any other agreement, written or oral, in regards to the specific items covered by this Agreement, between the Multi-Service Eating Disorders Association, Inc. and any individual, and any and all prior, contemporaneous or future representations, conditions, warranties, understandings, negotiations, discussions, proposals, communications or previous agreements between the any individual and the Multi-Service Eating Disorders Association, Inc., or an Agent of the Multi-Service Eating Disorders Association, Inc.; and shall prevail notwithstanding any variance with any other agreement.
(3) Website Use Subject to Terms and Conditions. By accessing, viewing, reading, downloading or otherwise using this Website, I agree to the Terms and Conditions of this Agreement.
(4) Agreement Terms and Conditions Subject to Change. I understand that the Multi-Service Eating Disorders Association, Inc reserves the right to change these terms and conditions, guidelines, and disclaimers at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies. Revised terms and conditions will be posted on this page.
(5) Payment In consideration of my access to the Website or a la carte purchases, I agree to pay the fees indicated on the purchase page. I acknowledge that if I registered for a Recovery level membership there will be no charge for my membership. I acknowledge that if I registered for a Hope level membership, my payment method will be charged $9.95 each month unless I have applied for and received equitable access. The specific equitable access amount in will be disclosed in a separate communication to you from the Multi-Service Eating Disorders Association, Inc. I acknowledge that if I registered for an Inspiration level membership, my payment method will be charged $19.95 each month, unless I have applied for received equitable access. The specific equitable access amount will be disclosed in a separate communication to you from the Multi-Service Eating Disorders Association, Inc. I acknowledge that if I use other third-party payment services on the Website for payment, I need to follow the rules and terms of those services.
(6) Cancellation and Refunds Policy I acknowledge that I may cancel my monthly membership subscription at any time. My cancellation prevents my payment method from being charged again at the end of the payment period. Upon cancellation I will have access to the paid portion of the Website until the beginning of the next billing cycle. I understand that no refunds will be given for the purchase of any a la carte digital product or service. I understand that any refund for any physical product I purchased through a link to a third-party website will be governed by the rules of that site. I understand that any unused, unworn physical product in original packaging purchased through the Multi-Service Eating Disorders Association, Inc. may be returned within 7 days for a full refund. I understand that I am solely responsible for all return shipping charges, with the exception of defective or incorrect items.
II. NOTICE OF INHERENTLY DANGEROUS ACTIVITIES
I have been put on notice that internet activities of this type and nature, including, but not limited to sharing personal information about myself, exchanging messages over the internet, and accessing internet sites with similar content may constitute an inherently dangerous activity.
(1) Subject Matter of Web Site. I agree that I have been put on notice that subjects discussed on the Website may affect me psychologically and emotionally, and may result in extreme emotional distress. I understand that use of the Website (i) may result in or exacerbate psychological disorders, syndromes and symptoms; (ii) may cause injury or otherwise be detrimental to my physical and mental health; (iii) may cause emotional, financial, social, marital, physical or other injury, including but not limited to death; and (iv) other harm and injury.
I understand that the Multi-Service Eating Disorders Association, Inc and its employees, volunteers and representatives are not providing any information on this website or in any Course, Webinar, Recovery Tool, Meditation, Post or Product as an employer, agent, lawyer, doctor, manager, public relations or business manager, dietitian, therapist, coach, financial analyst or accountant. While employees have a background in therapy, social work and mental health counseling, nothing on this website or in any Course, Webinar, Recovery Tool, Meditation, Post or Product is intended to diagnose or treat any medical or mental condition and no content, Service, Course, Webinar, Recovery Tool, Meditation, Post or Product is a substitute for therapy with a licensed professional. I understand that the Multi-Service Eating Disorders Association, Inc has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for me; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling, case management or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for me; (6) introduce me to the Website or MEDA’s network of contacts, media partners or business partners; (7) diagnose or treat any illnesses or disease or (8) promise any set of results from the any Course, Webinar, Recovery Tool, Meditation, Post or Product. I understand that a relationship does not exist between the parties after the conclusion of any Course, Webinar, Meditation, Recovery Tool, post, Written content, private message or paid community participation. If the Parties wish to continue their relationship, they shall execute a separate agreement that explicitly governs that relationship. I understand that I will not receive psychological, medical, or legal advice through my use of this website. I agree that I will not use this Website as a substitute for professional services, and I understand that if I am in a crisis situation, I agree to contact and utilize emergency services in my physical location.
(2) Disclosing Identifying Information Prohibited. I understand that the Multi-Service Eating Disorders Association, Inc. prohibits me from exchanging any identifying information about myself through, on or in connection with Multi-Service Eating Disorders Association, Inc. I understand that sharing or exchanging any identifying information about myself, including, but not limited to my full name, email address, street address, city and state, phone number, place of employment and internet protocol (“IP”) address with other users of this Website is an inherently dangerous activity and I assume all risks associated with such disclosure.
III. NOTICE OF ADULT CONTENT
Some material on this Web Site may be considered adult oriented and is related to material of an adult nature. Access is made available only to those who accept the following terms.
By accepting this agreement, I certify the following:
(1) (a) I am at least 18 years of age, or have attained the legal age of majority in my jurisdiction, and I have the legal right to possess adult material in my community. OR
(b) I am between 13 or 17 years old, or age of majority in my jurisdiction, but I have obtained permission from my parent or legal guardian.
(2) I understand the jurisdiction, standards and laws of the community, site and computer to which I am transporting this material, and am solely responsible for my actions.
(3) If I use these services in violation of the above agreement, I understand I may be in violation of local and/or federal laws and am solely responsible for my actions.
(4) By logging on, I release and discharged Multi-Service Eating Disorders Association, Inc. and employees, agents, officers, directors, trustees, moderators and independent contractors from any and all liability which might arise.
(5) I understand that bookmarking to a page on this Website whereby this warning page is by-passed shall constitute an implicit acceptance of the foregoing terms set forth here.
IV. RELEASE OF LIABILITY AND INDEMNIFICATION
The terms of this release are contractual and not a mere recital. By agreeing to this release, I am agreeing that I cannot hold Multi-Service Eating Disorders Association, Inc., its employees, agents, officers, directors, trustees, moderators and independent contractors responsible for any injury that occurs as a result of this Web Site.
(1) General Release of Liability
In consideration of being permitted to access and use this Website, and on behalf of myself and my personal representatives, heirs, and next of kin, I release, waive, discharge and agree not to sue the Multi-Service Eating Disorders Association, Inc., its employees, agents, officers, directors, trustees, moderators and independent contractors (hereinafter “Agents” or “Releasees”), from all liability to myself or to my personal representatives, assigns, heirs and next of kin for all loss or damage, and any claim or damage, on account of injury to my person or property or resulting in my death, whether caused by the negligence of Releasees or otherwise while I am accessing, viewing, reading or otherwise using the Website, it’s products and services.
I agree to indemnify Releasees and each of them from any loss, liability, damage or cost releasees may incur due to my use of the Website, it’s products and services whether caused by the negligence of the Releasees or otherwise. I assume full responsibility for and risk of bodily injury, death or property damage due to negligence of Releasees or otherwise while I am accessing, viewing, reading or otherwise using the Website, its products and services.
I agree that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of The Commonwealth of Massachusetts and that if any portion of the agreement is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.
Being of lawful age, in consideration of being permitted to access and use this Website, I for myself, my heirs, executors, administrators, and assigns, release and forever discharge the Multi-Service Eating Disorders Association, Inc., its Agents and their heirs, administrators, and executors of and from any and every claim, demand, action or right of action, of whatsoever kind or nature, either in law or in equity arising from or by reason of any bodily injury or personal injuries known or unknown, death and/or property damage resulting or to result from any accident which may occur as a result of my use of this Website or any activities in connection with the Multi-Service Eating Disorders Association, Inc., whether by negligence or not.
I explicitly agree that the Multi-Service Eating Disorders Association, Inc. and its Agents may recover expenses incurred in defending any suit, including reasonable attorneys’ fees and costs.
(2) Indemnity for Defamation
I agree that I will not publish potentially defamatory material anywhere on the Website. I understand that, among other things, this provision prohibits me from posting material such as the name, likeness, or identifying information about any individual, including but not limited to anyone who abused me, unless there has been a prior criminal conviction of this individual, in which case I may only reveal information that is part of the trial record and legally considered to be in the public domain. I assume all liability for such disclosures covered in this provision, and agree to indemnify the Multi-Service Eating Disorders Association, Inc., and its Agents for any defamatory statements, photographs, recordings, or other electronic postings that I cause to be published on the Community Connections forum or anywhere else on the Website.
V. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
(1) No Professional Services, Representations or Warranties
I agree that the Multi-Service Eating Disorders Association, Inc. and its Agents make no warranties of fitness or quality of the content of any writings, courses, webinars, videos, meditations, recovery tools, threads, posts, emails, statements, private messages or other communications, nor are they under any obligation to monitor the Community Connections Forum, private messages or other communications on the Website.
I understand that the Multi-Service Eating Disorders Association, Inc. and its Agents make no representations, warranties, or guarantees concerning the safety or therapeutic value of the MEDA Recovery Community or its contents and in no case will my use of the MEDA Recovery Community be considered a substitute for professional medical, psychiatric, psychological or other licensed therapeutic treatment.
I understand that nothing contained within, posted on or communicated through the MEDA Recovery Community and associated with the Website will be considered professional therapeutic advice. Acceptance of this term certifies my waiver of any legal right that I may have to take action with respect to any loss arising from or in connection with my reliance on any information that is in any way related to law. Under no circumstances will any therapist-client or therapeutic relationship be established, implied, construed or assumed on my part. I agree not to rely or act on any advice posted without first consulting a mental health professional. By accepting the terms of this Agreement, I agree to indemnify the Multi-Service Eating Disorders Association, Inc. and its Agents, and any legal firms (which for purposes hereof and throughout this Agreement shall constitute independent contractors and for such purposes as Agents), from any claim in negligence or intentional tort, contract or action under state or federal legislation for loss to myself, any company that I am employed by or act as an agent for, and/or any other injury or loss that I may claim to have been caused by using Multi-Service Eating Disorders Association, Inc. and its MEDA Recovery Community or from relying on advice from this Website or received via email, post and/or by any other means.
(2) No Confidential or Fiduciary Relationship
I agree that no confidential or fiduciary relationship has been, is or will be created by my registration and membership on the MEDA Recovery Community. In no case shall the Agents of the Multi-Service Eating Disorders Association, Inc. be held liable for revealing the contents of any writing, post or communication that I post on Community Connections Forums or any other portion of the Website. My posts, private messages and any information that I publish anywhere on the MEDA Recovery Community are not privileged or confidential. Staff are under no obligation to monitor posts written on the Community Connections Forums or Private Messages sent via board software. However, they reserve the right to do so and will access database information when they, in their sole discretion, deem it necessary for the safety of individuals or the integrity of the MEDA Recovery Community.
(3) No Warranty as to Information
I understand that the materials and information I find on the MEDA Recovery Community are provided “as is,” without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or advice provided through or in connection with the MEDA Recovery Community and/or the Multi-Service Eating Disorders Association, Inc. and any implied warranties of merchantability, fitness for a particular purpose, expectation of privacy or non-infringement.
I understand that the views and opinions of authors published on this site do not necessarily reflect those of the Multi-Service Eating Disorders Association, Inc. Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the Multi-Service Eating Disorders Association, Inc. Nor shall any information or statements contained on this Website be used for the purposes of advertising, or to imply an endorsement or recommendation.
With respect to content available on this Website, neither the Multi-Service Eating Disorders Association, Inc., nor any of its Agents make any warranty, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. Further, neither the Multi-Service Eating Disorders Association, Inc. nor any of its Agents assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed; nor do they represent that its use would not infringe privately owned rights.
(5) No Warranty of Service.
I agree that the Multi-Service Eating Disorders Association Inc. and its Agents make no representations or warranties regarding the availability, speed, reliability or continued existence of any portion of the Website, MEDA Recovery Community or the Multi-Service Eating Disorders Association, Inc.
(6) No Responsibility for Links, Emails.
The MEDA Recovery Community contains links to sites which are not maintained by the named corporation or Website owner. While the Multi-Service Eating Disorders Association, Inc. will try to include only links to those sites which are in good taste and safe for our visitors, under no circumstance will the Multi-Service Eating Disorders Association, Inc. or its Agents be held responsible or liable for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links does not imply endorsement by the Multi-Service Eating Disorders Association, Inc. of the linked or framed sites or their content.
Under no circumstances will email, private messenger/ instant messenger exchanges between present or former users of the Website be considered to be under the jurisdiction or control of the Multi-Service Eating Disorders Association, Inc. or its Agents, except emails sent from the domain medainc.org which will be indemnified under all provisions of this agreement.
(7) No Responsibility for Advertising, Affiliates and Testimonials
This site may use advertising or affiliate links to sell certain products or services. The Multi-Service Eating Disorders Association, Inc. disclaims any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed ads or affiliate links in addition to this disclaimer located in these Terms of Service. I acknowledge and accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications. Any testimonials reflect the accurate experience of the person quoted, however, I understand that my results with any particular product or service may vary.
VI. IMPROPER OR UNAUTHORIZED ACCESS AND USE PROHIBITED
I warrant that I am registering for and will use the MEDA Recovery Community for the sole purpose of education and participation in peer support in the recovery from eating disorders under the terms and conditions of this Agreement. I warrant that I am not registering for, and will not access, read, copy or otherwise reproduce, transmit or communicate any portion of the MEDA Recovery Community for other purposes, including, but not limited to: illegal or immoral activities; harassment of any individual; or gathering information for use in connection attempting to treat another individual for a psychological disorder. I further warrant that I will not use the services provided by the MEDA Recovery Community to make posts or communications that are harassing, defamatory, false, or illegal in nature. I agree not to make posts that provide psychological or medical advice to other individuals. I agree that use of the MEDA Recovery Community for any improper purpose will constitute a breach of this agreement. Should I breach this provision of the Agreement, I stipulate that the damage caused to the support structure and nature of the MEDA Recovery Community, being difficult to ascertain, will be measured in the amount of $100,000. I further agree that if the Multi-Service Eating Disorders Association, Inc. or its Agents, in their sole discretion, determine that I have used the Website for any improper purpose or have otherwise breached this Agreement, in addition to my being blocked by Multi-Service Eating Disorders Association, Inc. from accessing the Website, my IP address or other information gathered by my use of this Website may, in the sole discretion of the Agents of the Multi-Service Eating Disorders Association, Inc., be reported to police, law enforcement, or other appropriate authorities or individuals. I agree that this provision may be waived only by obtaining written permission from a majority of members of the Board of Directors of the Multi-Service Eating Disorders Association, Inc.
Nothing in this provision constitutes a representation of a right to confidentiality conflicting with section V.(2) of this Agreement.
VII. PRIVACY STATEMENT
(1) Information Collection. When I access the Website, the MEDA Recovery Community and Multi-Service Eating Disorders Association, Inc. will learn certain information about me during my visit. How the Multi-Service Eating Disorders Association, Inc. will handle information depends upon what I do when visiting the Website. The Multi-Service Eating Disorders Association, Inc., does not sell or trade personal information such as my email address.
If I visit the Website to read, post, or download information on our pages, the Multi-Service Eating Disorders Association, Inc. will collect and store the following information about me:
(a) My registered member name;
(b) My IP address;
(c) The date and time I access the Website; and
(d) Any communications I make using the message board or private messaging features provided by the MEDA Recovery Community.
(2) Web Site Security. For site security purposes and to ensure that this service remains available to all users, The Multi-Service Eating Disorders Association, Inc. uses third-party software programs to monitor network traffic to identify unauthorized attempts to register, post, upload or change information, or otherwise cause damage. Additionally, to improve the information, display, and marketing of the MEDA Recovery Community, the third-party programs collect information including: the Internet address of the website I use to link directly to the Website; the search engine and keyword search I used to link to the Website; the type of internet browser, screen resolution and internet connection speed I utilized during my visit; and the country from which I accessed the site. With the exception of my IP address, these logs are not personally identifiable. If the Multi-Service Eating Disorders Association, Inc., or its Agents, in its sole discretion, determine that I am in violation of this Agreement, my IP address and other information the Website has gathered about me may, in the sole discretion of the Agents of the Multi-Service Eating Disorders Association, Inc., be used to report my actions to my Internet Service Provider, local authorities, or other individuals, and the Multi-Service Eating Disorders Association, Inc., reserves the right to disclose information as required by law or in accordance with this Agreement.
(3) Search Engine Indexing. My presence and/or activity on the Website may be indexed by third party search engines, such as Google and Yahoo. Although the Multi-Service Eating Disorders Association, Inc. employs software to prevent search engine bots from indexing private forums or user information, search engines may index some public forums or public areas of the site. My username may be collected by a search engine bot in this manner. However, the Multi-Service Eating Disorders Association, Inc. attempts where possible to eliminate this and the collection of personal data such as my e-mail address and IP address. I am encouraged to choose a username which does not identify me.
(4) Cookies. I warrant that I have been given notice of privacy concerns due to the fact that the MEDA Recovery Community. uses “cookies,” which means that the MEDA Recovery Community will place a file on my computer that keeps track of my login details. On most computers, the Website address will appear in the “history” or cache, or on the drop down menu of recently visited sites on my browser. If, when logging into the MEDA Recovery Community., I can choose “Yes” in answer to the question “Remember my log in details?” and I will be automatically logged in again when I, or anyone else using my computer, visits the Website.
(5) Minors. I understand that if I am under the age of 18, and I disclose that I am being physically, mentally, or sexually abused, the Multi-Service Eating Disorders Association, Inc. may, in its sole discretion, use the information the Website has collected or information I have provided to report the abuse to police, law enforcement, or other authorities. However, the Multi-Service Eating Disorders Association, Inc., its Agents and its Agents are under no obligation to monitor the communications of minors, nor report any alleged or suspected abuse.
(7) Children’s Online Privacy Protection Act Policy. I understand that the internet is a public place. Any information that the Multi-Service Eating Disorders, Inc. and MEDA Recovery Community collect when I register for any MEDA service (Course, Webinar, Meditation, Recovery Tool, Content, Community Connections Forum, product or service) will not be traded or sold to any third party.
Because of the nature of communication through the internet, I understand that the MEDA Recovery Community does not accept memberships to any area of the site from anyone who is under 13 years of age. If the Multi-Service Eating Disorders Association, Inc., finds that a member is under the age of 13 their membership will be immediately rendered inactive, and the child will be provided with resources to seek appropriate assistance. This is in compliance with the Children’s Online Privacy Protection Act. You can read more about this act here.
VIII. OWNERSHIP OF WEBSITE AND RIGHTS
(1) Ownership of Website Material. The Multi-Service Eating Disorders Association, Inc. will own the exclusive rights to and in the Website Material, including, but not limited to, all United States and International copyrights and other intellectual property rights.
The contents of the Website pages, including, but not limited to text, graphics, and icons, Courses, Webinars, Meditations, Content, Recovery Tools, Community Connections Forums, Products and Services are copyrighted materials owned or controlled by the Multi-Service Eating Disorders Association, Inc. and contain Multi-Service Eating Disorders Association, Inc’s name, trademarks, service marks, and trade names. I understand that I may download one copy of these materials for my personal use. No other permission is granted to me to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to me to use the MEDA Recovery Community’s icons, site address, or other means to hyperlink other Internet sites with any page in the Website. I understand that the Multi-Service Eating Disorders Association, Inc. assumes no responsibility for any other party’s site hyperlinked to the Website or in which any part of the Website has been hyperlinked.
(2) Waiver of Moral Rights. To the extent that I have any moral rights or similar rights in the material that I post to the Website, under the law of any jurisdiction, I waive those rights. I waive any right to have the material attributed to me or to prevent the material from being modified, edited, transformed, or otherwise adapted as the Multi-Service Eating Disorders Association, Inc., and its Agents may deem necessary.
(3) DMCA: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. DMCA text may be accessed by visiting the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
I understand that if I believe in good faith that materials on the Website infringe my copyright, the DCMA stipulates that I or my agent may send the Multi-Service Eating Disorders Association, Inc. a notice requesting that the material be removed or access to it blocked. The notice must include the following information:
(a)The physical or electronic signature of the 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 (or, if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, (d) and information reasonably sufficient to allow the Multi-Service Eating Disorders Association, Inc to locate the material on the Website; the name, address, telephone number, and email address (if available) 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; (f) and 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.
Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:
via mail to The Multi-Service Eating Disorders Association, Inc, 1320 Centre Street, Newton, MA 02459; via email to firstname.lastname@example.org. I agree to consult my legal advisor before filing a notice and I acknowledge that there can be penalties for false claims under the DMCA.
IX. GOVERNING LAW AND FORUM SELECTION
The provisions of this Agreement and all suits and special proceedings under it be construed in accordance with and under and pursuant to the laws of The Commonwealth of Massachusetts. In any action, special proceeding, or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of The Commonwealth of Massachusetts shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action or special proceeding may be instituted.
The parties acknowledge, agree in, and submit themselves to the jurisdiction of the courts of The Commonwealth of Massachusetts for the present and the future with regard to the subject matter of the agreement in any and all other matters between the parties.
In any subsequent dispute, all provisions of this Agreement will be construed in the favor of the Multi-Service Eating Disorders Association, Inc. and its Agents.
X. WAIVER OF STATUTE OF LIMITATIONS. I agree not to plead the statute of limitations as a defense to any payment that may become due under this contract, and waive the statute of limitations as to any and all claims that may accrue under this contract.
XI. SATISFACTION AND WAIVER OF STATUTE OF FRAUDS
This agreement is an electronic contract is a signed writing for purposes of the Statute of Frauds. However, I agree not to raise the statute of frauds as a defense in a dispute over the enforceability of this Agreement.
XII. TERMINATION OF SERVICE
(1) I agree that my access and use of the MEDA Recovery Community is subject to the terms of this Agreement AND the sole discretion of the Agents of the Multi-Service Eating Disorders Association, Inc. I agree that my membership and use of the MEDA Recovery Community is AT-WILL, and that my membership may be terminated (banned or deleted) at any time and for any reason by the Agents of Multi-Service Eating Disorders Association, Inc. I agree to abide by all decisions of the staff regarding my use, access and membership on the Website, including restriction, changes or revocation of my membership.
(2) I agree that if my membership is permanently revoked for any or no reason, I will not make any attempt to re-register or otherwise obtain access to the MEDA Recovery Community. I agree that violation of this provision will be considered and construed as illegal computer hacking, conversion and misappropriation of electronic resources, and that I will be strictly liable in the amount of $100 per hour for any time lost by the Multi-Service Eating Disorders Association, Inc., or its Agents in connection with my violation of this provision.
(3) I acknowledge that upon termination, billing for my membership will cease and unless already in process via my credit card, no further charges will occur through the payment method I authorized upon registration. I also acknowledge digital errors can occur and should an accidental charge occur, I will notify the Multi-Service Eating Disorders Association, Inc, in writing and acknowledge that MEDA will refund the erroneous charges within 30 days.
XIII. DISAVOWAL OF EXTRANEOUS REPRESENTATIONS.
I have read and agree to the whole of the above Agreement, and state that no representation, promise, or agreement not expressed in this Agreement has been made to induce me to enter into it.
I have carefully read and understand the above Agreement, and I agree to the entirety of its contents by my own free act.