Welcome to our National Med Spa Association. This Site lets you know how we can help you meet your educational goals while remaining compliant with the latest industry mandates and regulations.
Please read this User Agreement carefully, because by visiting or using this Site, you agree to be legally bound by and comply with its terms. If you do not agree to comply with this User Agreement, you are not authorized to use the Site.
We may revise this User Agreement from time to time, so please check this Web page each time you visit the Site. If you continue to use the Site after we post the change, this means you have agreed to the new terms.
Ownership and Process
Our Site matches the information that you supply to us to particular schools that are partnered with us to identify interested candidates. Additionally, your information may be supplied to those schools, other schools or multiple schools. Matching criteria may include the number of student seats that the partnering institution has indicated to us it wishes our assistance in filling, the school’s other partnership arrangements with us, or other criteria.
Privacy Policy
Please review our Privacy Policy Nationalmsa.org which is a part of this User Agreement and describes how we handle any personally identifying information collected from visitors to this Site.
Suspected Violation of these Terms of Use
Violations of these Terms of Use, including unauthorized use of this site, may be investigated and appropriate legal action may be taken, including civil, criminal and injunctive redress. You agree that monetary damages may not provide a sufficient remedy to us for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. You understand and agree that in our sole discretion and for any reason whatsoever, or for no reason, and without prior notice, we may terminate your access to the site.
Forums and Public Communication
For your convenience, we may offer discussion forums and blog opportunities (“Forums”) where you and other users can submit content for public viewing (“Forum Content”) to facilitate your socializing and networking with others interested in distance or online learning. You agree that all Forum Content is the sole responsibility of the individual or entity from whom such Forum Content originated. This means that you (and not our Site) are entirely responsible for all Forum Content that you submit via the Forum or elsewhere on the site. We do not control or guarantee the accuracy, completeness, usefulness, integrity, or quality of Forum Content. You understand and agree that you may be exposed to Forum Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Forum Content, including any errors or omissions in any Forum Content or any loss or damage of any kind incurred as a result of the use of any Forum Content submitted via this site.
Registration and Account Security
You represent and warrant that the registration information you provide to us is and will remain true and accurate. You are solely responsible for the security and confidentiality of your password and account. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security with regard to your use of the site of which you become aware.
Your Participation in the Forums
You agree that you will not use a Forum or this site to submit or otherwise make available Forum Content that:
a. Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, racially or otherwise hateful, or otherwise objectionable;
b. Harms minors;
c. Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
d. Conflicts with any obligations you have under law including under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
e. Infringes any copyright, trademark, patent, trade-secret, or other proprietary rights of any third party;
f. Constitutes or contains unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation;
g. Constitutes or 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;
h. Interferes with or disrupts the site, related services, or servers or networks connected thereto or disobeys any requirements, procedures, policies, or regulations of networks connected to this site or related services;
i. Violates any applicable local, state, national, or international law or any regulations having the force of law;
j. Is used to stalk or otherwise harass another.
Forum Content Posted to Forums
You acknowledge that we may or may not pre-screen Forum Content, but that we will have the right in our sole discretion, for any reason whatsoever (or for no reason) to pre-screen, refuse, move, or remove any Forum Content that is available via the site. Without limiting the foregoing, we may remove any Forum Content that violates the Terms of Use or is otherwise objectionable in our sole discretion.
We assert no ownership rights over the Forum Content you post, transmit, or otherwise make available for inclusion on the Forums or elsewhere on the site. With respect to such Forum Content, however, you grant our Site a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use such Forum Content on the Forums, anywhere on the site, or elsewhere and in any media for the purpose of providing, promoting, or advertising the site and related services; such license will survive the termination, for any reason, of these Terms of Use.
DMCA Notice of Alleged Infringement (“Notice”)
You represent and warrant that the registration information you provide to us is and will remain true and accurate. You are solely responsible for the security and confidentiality of your password and account. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security with regard to your use of the site of which you become aware.
a. Identify the copyrighted work that you claim has been infringed, or — if multiple works are covered by this Notice — you may provide a representative list of the copyrighted works that you claim have been infringed.
b. Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the site.
c. Provide your mailing address, telephone number and, if available, e-mail address.
d. Include both of the following statements in the body of the Notice:
· hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).
· I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
e. Provide your full legal name and your electronic or physical signature.
Intellectual Property
All material on or available through this site, including text, images, data, and illustrations, (collectively, the “Material”) is protected by U.S. and international copyright, trademark, and other intellectual property laws, and is owned, controlled, or licensed by (“NMSA”). UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING,
DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING THE MATERIAL, IN WHOLE OR IN PART, IS PROHIBITED. Provided that you agree to and accept without modification the notices, terms and conditions set forth in these Terms of Use, NMSA grants you a personal, non-exclusive, non-assignable and non-transferable license to visit, view, and retain a copy of pages of this site for your own personal, non-commercial use only. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, create derivative works from, license or sublicense, assign, or otherwise transfer this license or any of the Material or any information, material, software, products or services from this site. Moreover, you may not visit or use the site to appropriate NMSA’S trademarks and/or to copy or imitate the “look and feel” of the site, or any portions thereof, for any reason.
Access and Interference
You will not use any robot, spider, crawling, scraping, or other automated device, process, or means to access this site. Nor will you use any manual process to monitor or copy the site or the content contained thereon for any unauthorized purpose without our prior written permission. You will not use any device, software, routine, or take any action that interferes with the proper working of the site.
Links, Frames, and Metatags
You may link to the home page of the Site as long as the link does not cast us in a false or misleading light. Please let us know if you link to the Site by contacting us at:
· NATIONAL MED SPA ASSOCIATION
· 300 Wall St.
· 8th Floor
· New York, New York 10005
You may not frame the content of the Site. You may not use metatags or any other “hidden text” that incorporates the our Trademarks or our name without our express written consent.
Claims of Infringement
We respect the intellectual property of others and require that you do the same. We will disable and/or terminate the accounts of users who are repeat infringers. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
Deliver this Notice, with all items completed, to us at:
Compliance Department of Licensing & Regulations:
300 Wall St. 8th Floor New York, New York 10005
While we considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. For example, one decision ordered a company that sent infringement notification seeking removal of online materials that were protected by copyright’s fair use doctrine to pay such costs and attorneys’ feels the company agreed to settle the matter at over $100,000.
General Legal
Warranty Disclaimers
YOUR USE AND BROWSING OF THIS SITE IS SOLELY AT YOUR OWN RISK. THE SITE, AND EVERYTHING ON THIS SITE, INCLUDING THE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED NATIONALMSA.ORG AND NMSA, ITS AFFILIATES AND AGENTS, SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITATION, NMSA AFFILIATES AND AGENTS MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, OR ITS SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, NASFA, ITS AFFILIATES AND AGENTS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE CONTENT ON THIS SITE OR ON ANY CO-BRANDED SITE. YOU UNDERSTAND AND AGREE THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You will defend, indemnify, and hold NMSA, its affiliates and agents harmless from: (i) your use of and access of the site; (ii) your violation of any of these Terms of Use; (iii) your violation of any third-party right including any copyright, trademark, tradedress, trade secret, or privacy right of content available on the site. This defense and indemnification obligation will survive these Terms of Use and your use of the site.
Limitation of Liability
IN NO EVENT WILL NMSA OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE OR THE CONTENT OR MATERIALS THEREIN, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL NMSA TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING THIS SITE.
Termination
The Terms of Use and/or site may be terminated by NMSA for any reason (or for no reason) at any time without notice. In the event of termination, you are no longer authorized to access the site and all limitations on NMSA liability regarding your use of the site and any Forum Content you post will survive.
Contact Educational Department
If you have questions, please contact us at Licensing@nationalmsa.org. Please include the words, “Terms of Use” in the subject line of your e-mail.
General
These Terms of Use will be governed by the laws of the state of New York without respect to its conflict of laws provision. Any claim or dispute between you and this Site that arises in whole or in part from this site will be decided exclusively by a court of competent jurisdiction located in New York, New York. Use of this site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. We have endeavored to comply with all legal requirements known to it in creating and maintaining this site, but make no representation that Materials on this site are appropriate or available for use in any particular jurisdiction. Use of this site is unauthorized in any jurisdiction where all or any portion of this site may violate any legal requirements and you agree not to access this site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk. Any other legal notices published by us on this site constitute the entire agreement between you and NMSA concerning this site. If any provision of these Terms of Use are deemed invalid by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of the Terms of Use shall govern such use. Our failure to insist on or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.
Who we are
Our website address is: http://nationalmsa.org.
What personal data we collect and why we collect it
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Contact forms
Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Analytics
Who we share your data with
If you request a password reset, your IP address will be included in the reset email.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
Your contact information
Additional information
How we protect your data
What data breach procedures we have in place
What third parties we receive data from
What automated decision making and/or profiling we do with user data
Industry regulatory disclosure requirements