PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
In the case of inconsistencies between these Terms and information included in off-line materials, these Terms will always control. By visiting, entering, or using the Websites, you indicate that you accept the current version of these Terms and that you agree to be bound by them. Acceptance of the Terms creates a binding contract (“Agreement”) between you and the MAA that you will use the Websites only in a manner consistent with these Terms. If you do not agree to any of these Terms, then please do not access or use the Websites.
I. Your Use of the Websites
MAA grants you a limited, non-transferable license to use the Websites in accordance with the Terms. You may only use the Websites to view information presented at the Websites and to make legitimate inquiries. You may not use the Websites for any other purposes, including without limitation, to make any false or fraudulent inquiries. Except as otherwise indicated on specific content or web pages on the Websites, the Websites and the content provided on the Websites, including any text, graphics, button icons, audio and video clips, digital downloads, data compilations and software (collectively, “Content”), may not be copied, reproduced, republished, framed, mirrored, uploaded, posted, transmitted, modified, sold, transferred, sub-licensed, distributed, disassembled, decompiled, or reverse engineered without the written permission of MAA, and/or its third party partners, except that you may download, display and print in their entirely the materials presented on the Websites for your personal, non-commercial use only.
II. User Conduct Guidelines
(a) In consideration of your use of the Websites, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. MAA cannot and will not be liable for any loss or damage arising from your failure to comply with the Terms. You agree to comply with all local rules regarding online conduct and acceptable Content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
(b) You agree not to use the Websites to:
- upload, post, email, transmit or otherwise make available (“Post”) any Content:
- that is unlawful, harmful, threatening, indecent, inflammatory, pornographic, profane, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or that would otherwise violate any law, or violate any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment virus, bug or other harmful item; or
- that contains any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- harm minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- violate any applicable local, state, national or international law, intentionally or unintentionally;
- “stalk” or otherwise harass another;
- collect or store personal data about other users;
- transmit or otherwise transfer any Web pages, data or content found on the Websites to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise; or
- supply material support or resources to organizations designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.
(c) While utilizing or accessing the Websites or information or other Content available on the Websites, you also agree not to:
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or interfere with or disrupt the Websites or servers or networks connected to the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites in any way;
- impose a burden or load on our infrastructure that MAA deems in his sole discretion to be unreasonable or disproportionate to the benefits MAA obtains from your use of the Websites.Content that violates these guidelines may be removed at the discretion of MAA. We have no obligation to remove content that you personally find objectionable or offensive, though we will investigate complaints referring to inappropriate use of the Websites.
(d) You agree to be fully responsible for your own Content and the consequences of posting or publishing them. Under no circumstances will MAA be liable in any way for any Content, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted to or through the Websites.
(f) You understand and agree that the Websites are provided “AS IS.” MAA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or settings. You understand and agree that use of the Websites are at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the Websites is at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
III. Intellectual Property Rights
Except for any Content submitted by users, the content on the Websites, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, the trademarks, service marks and logos contained therein (“Marks”), and any other proprietary rights related thereto or appearing on the Websites are owned by or licensed to MAA, subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Websites is provided to you AS IS for your information and personal use only. MAA reserves all rights not expressly granted in and to the Websites and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of content submitted by third parties obtained through the Websites for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or the Content therein. You agree to be liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Websites.
IV. Third Party Links
The Websites contain links to other websites that are provided solely as a convenience to you and not as an endorsement by MAA of the contents or operation of such other websites. MAA shall not be responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk. You agree not to hold MAA responsible for the content or operation of such websites.
V. Privacy and Security
If you have questions or concerns regarding this policy or MAA’s personal data processing policies, please contact us.
MAA may immediately change or terminate your access to the Websites, with or without notice, at any time, without liability to you, any other user or any third party. MAA reserves the right to terminate your license and access to the Websites if , without limitation, you have: (1) provided MAA with false or misleading registration information; (2) interfered with other users or the administration of the Websites; (3) upon a request by law enforcement or other governmental authorities; or (4) otherwise violated these Terms.
VII. Disclaimer of Warranties
ALL PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS ON THE WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS OTHERWISE REQUIRED BY LAW, MAA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, MAA DOES NOT WARRANT THAT ACCESS TO THE WEBSITES WILL BE TIMELY, SECURE, AND/OR ERROR-FREE OR UNINTERRUPTED. MAA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, RESULTS, OR CONTENT PROVIDED ON THE WEBSITES OR IN ANY EMAIL COMMUNICATION SENT BY OR ON BEHALF OF MAA.
VIII. Limitation of Liability
MAA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITES. IN NO EVENT SHALL MAA BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), (III) OTHER MATTER RELATING TO THE WEBSITES.
If, notwithstanding the foregoing, MAA or any third party provider or distributor should be found liable for any loss or damage, which arises out of or is in any way connected with any of the above described functions or uses of the Websites or the Content, the liability of MAA and the third party providers and distributors shall in no event exceed, in the aggregate, US$100.00. In its sole discretion, in addition to any other rights or remedies available to MAA and without any liability whatsoever, MAA, at any time and without notice, may terminate or restrict your access to any component of the Websites. Some states do not allow certain limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify, defend and hold harmless MAA, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liabilities, damages, losses, debt, expenses, obligations, and/or costs (including, but not limited to, attorneys fees) arising from: (i) your use and access to the Websites; (ii) your violation of the Terms; (iii) your violation of any third party right, including without limitation any trademark, copyright, property, proprietary, privacy, or other right or your infringement or infringement by any other user of your account, of any intellectual property or other right of any person or entity; and (iv) any of your Content, including, without limitation, any Content posted or otherwise provided by you that infringes any copyright, trademark, intellectual property right of any person or defames any person or violates any person’s rights of publicity or privacy, or otherwise violates these Terms. The Terms will inure to the benefit of successors, assigns, and licensees. This defense and indemnification obligation will survive these Terms and your use of the Websites.
X. Forward-Looking Statements
The site and the information and materials thereon include “forward-looking” statements that involve uncertainties and risks. There can be no assurance that actual results will not differ from the expectations of MAA. We are under no duty to update any of the forward-looking statements to conform such statements to actual results and events and do not intend to do so.
XI. Claims of Intellectual Property Infringement and Agent
If you believe your copyright, or other intellectual property rights have been infringed by the Websites or Content, we ask that you please provide to MMA’s Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- 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
- 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.
Send such notice as directed above to:
500 8th St NW
Washington, DC 20004
or by through our contact form putting ‘intellectual property’ in the subject heading.
XII. Governing Law/Arbitration
This Agreement and its performance shall be governed by the laws of England and Wales, without regard to its conflict of laws provisions. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Websites must be brought within two (2) years from the date on which such claim or action arose or accrued. All disputes arising out of and in connection with this Agreement shall be finally settled by the International Court of Arbitration of the International Chamber of Commerce (“ICC”) under the Rules of Arbitration of the ICC by one or more arbitrators appointed in according with said rules. The place of arbitration shall be London, England, and the language of the arbitration shall be English. The arbitrator may award to the prevailing Party, if any, as determined by the arbitrator, its costs and expenses, including attorney’s fees. Judgment upon any award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent MAA from seeking equitable relief in any competent court having jurisdiction over the Parties without first submitting the matter to arbitration with respect to alleged breaches or threatened breaches of this Agreement, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. You undertake to keep confidential all awards in the arbitration and all other documents produced by MAA in the proceedings not otherwise in the public domain, save and to the extent that disclosure may be required of you by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
XIII. Attorney’s Fees
If MAA takes any action to enforce these Terms, MAA will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which MAA may be entitled.
XIV. Injunctive Relief
You acknowledge that a violation or attempted violation of any provision of these Terms will cause such damage to MAA as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that MAA shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of the Terms by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by MAA in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
The relationship between MAA and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
XVII. Additional Terms
Additional terms and conditions may apply to other uses of portions of the Websites, and you agree to abide by such other terms and conditions.
This Agreement shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
No right of either party under this Agreement may be waived except as expressly set forth in a writing signed by the party waiving such right. No waiver of any provision shall be implied by a party’s failure to enforce any of its rights or remedies herein provided, and no express waiver shall affect any provision other than that to which the waiver is applicable and only for that occurrence.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
XXI. Entire Agreement
This Agreement, together with any terms and conditions incorporated herein or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Websites.
If you are aware of any violations of these Terms and Conditions, please report them.
These Website Terms and Conditions were last updated: 21 October, 2013.