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MIIA is a Membership Service of the Massachusetts
Municipal
Association

Legal and Privacy

MASSACHUSETTS INTERLOCAL INSURANCE ASSOCIATION PRIVACY POLICY

Updated June 10, 2015

The website EMIIA.org (the “Site”) is owned and operated by Massachusetts Interlocal Insurance Association, Inc. (the “MIIA,” “we”, “us,” or “our”).

This Privacy Policy provides information about our policies and procedures regarding the collection, use and disclosure of information received through the Site from visitors and registered users. If you are an individual or company who has purchased insurance products or services from us, you have received or will be receiving in the mail a copy of our Privacy Disclosure Statement which contains important additional information about our privacy practices. If you have purchased insurance products or services from us, to provide you with better services, we may collect, receive and aggregate information about you from your applications and forms, medical providers, other insurers, employers, insurance support organizations, and service providers. However, this Privacy Policy applies only to information that is collected on the Site.

COLLECTION OF PERSONAL INFORMATION AND AGGREGATED INFORMATION

Personal Information. On the Site we may ask you to provide us with your email address, your first and last name, telephone number, employer name and job title, and mailing address (collectively, “Personal Information”). We will also treat as Personal Information a record of your contact information and correspondence if you contact us using the site.

Aggregated and Non-Personal Information. When you visit the Site to register with us or simply to browse or read information, we and our third-party partners and service providers may automatically (or passively) track, collect, and aggregate non-personally identifiable information about your interaction with the Site by using cookies, web beacons and other tracking technologies and Site analytics tools (collectively, “Non-Personal Information”).

Claim Information. When submitting a claim through the website, we ask for the following “ Claim Information.” Unless otherwise indicated, all personal information you submit as part of a claim will be treated as personal information:

USE OF YOUR INFORMATION

  1. Personal Information.
    • Visitors. When you visit our Site, we may ask if you would like to join our mailing list. S hould you choose to do so, we will collect and use your email address for that purpose.
    • Registered Users. When registering on our Site, we ask that you provide the following personal information to us during the account registration process: your first and last name, mailing address, e-mail address, telephone number, employer name and job title.

    The personal information we gather from you may be used for the following purposes: (i) to operate the Site; (2) to respond to your requests and inquiries, (3) to manage your registered user account, if you have one, and (4) to notify you about important changes to our Site, such as changes or updates to this Privacy Policy or our Terms of Use, security announcements or other similar messages. Please understand that if you choose not to receive promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.

    If you contact us using the Site, we may keep a record of your contact information and correspondence, and may use your email address, and any information that you provide to us in your message, to respond to you.

  2. Non-Personal Information. We are not limited in our use of Non-Personal Information for any purpose. In general, we collect and track Non-Personal Information for statistical purposes only; we do not use it to identify a particular user. The Non-Personal Information provides us with a greater understanding regarding the use of this Site, including which pages and products are the most popular with our visitors, and allows us to determine if this Site is working properly and to make changes to the Site that allows users to have better experiences on the Site.
  3. Claim Information. All claim information submitted through the Site will be used for the exclusive purpose of processing your claim. This includes sharing your Claim Information, including associated Personal Information, with third party claims administrators as described below in Section C.

Cookies. Like many websites, we use tracking technologies, such as cookies, to collect additional Site usage data and to improve the Site. Cookies are pieces of information that a website transfers to an individual’s hard drive to identify previous visitors to the site. We use cookies to store information about your visit to our Site in order to enhance your visit to this Site. For example, storing that information allows you to navigate the Site while logged into your account. Cookies are text files that can be rejected, disabled or deleted by you at any time. You may be able to disable or delete cookies using your Internet browser settings. However, by disabling, deleting or rejecting cookies, you may inhibit the user experience on this Site and other websites.

Party Service For More Information
Google Analytics Visit How Google uses data when you use our partners’ sites or apps: http://www.google.com/policies/privacy/partners/

SHARING OF YOUR PERSONAL INFORMATION

We will not sell or lease personal information you provide to us on the Site to any third party. Except as otherwise expressly provided in this Privacy Policy, we will only share the personal information you provide us via the Site:

(A) as required by law or regulation or as we believe in good faith that disclosure of such personal information is reasonably necessary to: (1) satisfy any applicable law or regulation, (2) to respond to claims and/or to comply with a judicial proceeding, court order, or legal process served on us, (3) to protect and defend our rights or property, and/or the rights or property of our registered users, or third parties, as permitted by law, (4) to detect, prevent, or otherwise address fraud, security or technical issues; or (5) to enforce our Terms of Use; and/or

(B) with trusted service providers that provide certain services to maintain and operate the Site and certain features on the Site on our behalf (i.e., we may use third parties to host the Site, operate various features available on the Site, or process registrations for online seminars). Our service providers will be permitted to obtain only the personal information they need to deliver the service and they will process such personal information or use your personal information to provide the requested services in compliance with reasonable confidentiality and security measures, and this Privacy Policy.

Claim Processing. MIIA shares your Claim Information, including associated Personal Information, with third party claims administrators for the purpose of processing your claim. We are not responsible for the privacy policies and practices of these third parties. If you have questions about the claims administrators and their privacy policies and practices in general or as they relate to your Claim Information, please send an inquiry to MIIA using the contact information provided in Section K below.

Other Websites. Please note that if you use the Site to register for an online seminar, the Site may direct you away from the Site and to a third party service provider we are using to facilitate that seminar. Information that you provide to register for that program is provided directly to and stored by that third party, but is shared with us so that we can keep records of attendees and contact you with additional information of interest. We are not responsible for the privacy policies and practices of these third parties and you should review these third-parties’ privacy policies and practices prior to providing them with personal information.

Business Transfer. As with any other business, it is possible that in the future we could merge with or be acquired by another company or entity. We reserve the right to disclose and transfer to a successor entity all of the information maintained by us, including customer account information, though that information would continue to be bound by this Privacy Policy unless and until it is amended. We may share Non-Personal Information with certain third parties such as advertisers, national industry organizations, and prospective affiliates.

ACCESSING YOUR PERSONAL INFORMATION

If you are a registered user, you can change or update your personal information at any time by logging in and clicking : “Update my profile” in the My MIIA section.

COMMUNICATION PREFERENCES

You can stop the delivery of future promotional e-mail from us by following the specific instructions in the e-mail you receive. If you are a registered user, you can also opt in or opt out from the delivery of promotional e-mail via your user account.

SECURITY OF YOUR PERSONAL INFORMATION

We are committed to protecting the security of the personal information you provide to us via the Site. We employ reasonable measures, including administrative, technical, and physical measures to protect your personal information from unauthorized access, loss, alteration, use, or disclosure. While we make commercially reasonable efforts to make sure your personal information is safe, please note that no data transmitted over the Internet or any other public network can be guaranteed to be 100% secure, and you provide all personal information via the Site at your own risk.

Please note that it is your responsibility to keep your user account password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your personal information from subsequent users. If you become aware that any information provided by or submitted to the Site has been lost, stolen, or used without permission, please notify us immediately using the contact information at the end of this Privacy Policy.

LINKS TO OTHER SITES

Our Site contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you and we are not responsible for the data collection and privacy practices of those third parties. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. Please be aware that the terms of this Privacy Policy do not apply to third party websites.

CHILDREN UNDER 13

This Site is a general audience website that is not intended for, or designed to attract, children under the age of 13. As such, we do not knowingly gather personal information from individuals who are under the age of 13 that would require parental notice and consent under the Children’s Online Privacy Protection Act. If you are a child under the age of 13, you are not permitted to use the Site and should not provide us with any information about yourself or any other person. If we become aware that a child under 13 has provided us with personal information, we will delete such information in accordance with the Children’s Online Privacy Protection Act and other applicable laws and regulations.

NOTICE TO VISITORS OUTSIDE OF THE UNITED STATES

You should be aware that the privacy laws and regulations of the United States differ from those in other countries. MIIA’s services and products are directed toward the Commonwealth of Massachusetts and its servers are located in the United States. By accessing and/or using our Site and providing personal information to us via the Site, you consent to the transfer of your Personal Information and Non-Personal Information to the United States and agree to the collection, use, and retention of that information as set out in this Privacy Policy.

CHANGES TO THIS PRIVACY POLICY

Each time you use the Site, the version of this Privacy Policy posted to the Site at that time will apply. The effective date of the current version of this Privacy Policy appears at the top. Our business changes frequently and this Privacy Policy is subject to change from time to time. Unless we provide notice of a material change and obtain your consent, your Personal information will be handled in a manner that is materially similar to the Privacy Policy that applied at the time we collected that Personal Information.

HOW TO CONTACT US

If you have any questions about our Privacy Policy, please contact us by one of the following options:
By e-mail: MIIA.Webmaster@mma.org
By phone: 1-800-882-1498 x 244
By mail: MIIA, 1 Winthrop Square, Boston, MA 02110
Attn: Stanley Corcoran

© COPYRIGHT 2014 MIIA ALL RIGHTS RESERVED

MASSACHUSETTS INTERLOCAL INSURANCE ASSOCIATION TERMS OF USE

THESE TERMS OF USE (THESE “TERMS OF USE”) GOVERN THE RELATIONSHIP BETWEEN MASSACHUSETTS INTERLOCAL INSURANCE ASSOCIATION, INC. (THE “MIIA” OR “WE” OR “US”) AND YOU, THE PERSON ACCESSING THE MIIA WEBSITE LOCATED AT EMIIA.ORG (THE “SITE”) AND/OR REGISTERING AS A MEMBER OF MIIA (“YOU” OR “YOUR”). BY VISITING OUR SITE OR REGISTERING FOR AN ACCOUNT YOU AGREE TO BE BOUND BY THESE TERMS OF USE; IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE MIIA’S WEBSITE.

Users of our website must be 18 or above. If you are under 18, please do not use our website.

We may amend these Terms of Use at any time by posting the revised Terms of Use on the Site. You can see when these Terms of Use were last revised by referring to the “Updated” legend above. Your continued use of the Site after we have posted revised Terms of Use signifies your acceptance of the revised Terms of Use. No amendment or modification of these Terms of Use will be binding unless in writing and posted to the Site by MIIA.

BINDING ARBITRATION

ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN THE SECTION TITLED “BINDING ARBITRATION AND APPLICABLE LAW” BELOW, WHICH AMONG OTHER THINGS CONTAINS A BINDING WAIVER OF CLASS-WIDE PROCEEDINGS. PLEASE READ THE SECTION TITLED “BINDING ARBITRATION AND APPLICABLE LAW” CAREFULLY.

THE SITE

We are always working on new ways to improve our Site and we reserve the right to change or terminate access to our Site without notice to you. By accepting these Terms of Use you agree that we shall not be liable to you or any third party in the event that we exercise our right to change or discontinue the Site.

ADDITIONAL TERMS

Additional terms may govern your use of certain Web pages within the Site. In the event that any provision, term or guideline contained on a particular Web page in the Site conflicts with these Terms of Use, the terms of that Web page will control over these Terms of Use. You further agree that these Terms of Use, together with the Privacy Policy (as defined below) and terms governing any individual Web page, represent the complete and exclusive statement of the agreement between us and supersede any proposal or prior agreement oral or written, and any other communications between us relating to your access or use of the Site.

REGISTRATION

Certain features or services offered on or through the Site may require you to open an account and set up a profile, providing certain personally-identifiable information, including but not limited to a name, email address, phone number, job title and municipality of residence (collectively, your “Account Information”). We reserve the right to restrict certain areas of information on the Site to registered users. It is your responsibility to maintain and update your Account Information to keep it true, accurate, current and complete. You agree to submit accurate, up-to-date, complete, and truthful information when submitting Account Information. We reserve the right to terminate your account and refuse any future use of the Site by you. You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your password or account. We will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless MIIA and its managing members, officers, equity holders, employees, partners, parents, subsidiaries, agents, affiliates and licensors (collectively, “Affiliates”), as applicable, for any improper, unauthorized or illegal uses of your account and as otherwise set forth in these Terms of Use.

PRIVACY

We are committed to your privacy, and our privacy policy (the “Privacy Policy”), the terms of which are incorporated herein, explains the policies put in place and used by us to protect your Account Information and your privacy as you visit and use the Site.

USE AND RESTRICTIONS

Content

All text, videos, graphics, interfaces, photographs, trademarks, logos, sounds, artwork and computer code, including the design, structure, “look and feel” and arrangement of the content available on the Site (collectively, “Content”) is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and other intellectual property rights and unfair competition laws. The Content and the Site are owned by MIIA and its Affiliates, and/or their licensors and suppliers (collectively, “Licensors and Suppliers”). Except as expressly provided in these Terms of Use, no part of the Site or the Content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. Subject to the limited rights to use the Site pursuant to these Terms of Use, we retain all right, title and interest in and to the Site and Content, including all related intellectual property contained therein.

Any use or reliance on any Content posted to the Site or obtained by you through the Site is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content posted via to the Site or endorse any opinions expressed on the Site.

Links to Other Sites

The Site contains links to certain third-party web sites (in all cases “Linked Sites”). These Linked Sites are provided solely as a convenience to you and based on information our members our likely to find interesting or helpful. Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained on the Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. You should review applicable terms and policies, including privacy policies, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Permitted Uses

When using the Site,, you are solely responsible for your use of the site, and for any use of the Site made using your Account. The Content made available from, on or through the Site may not be copied, modified, republished, assigned, sold or distributed to you, nor may derivative works be prepared from it. You may use and access the Site solely for your personal use (but not for resale or redistribution) as a user of the Site and may not be used for any other purposes. You have no right or claim of right to the Content or any unique ideas found on the Site. No ownership rights are granted to you hereunder and no title is transferred hereby.

Intellectual Property Marks

The design of the Site, along with the MIIA created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to MIIA, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. MIIA reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site unless we have given express written permission.

Prohibited Uses

You may not use the Site for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole discretion. We reserve the right to take preventative or corrective actions to protect ourselves and our users. Your use of the Site is conditioned in part on your compliance with the rules of conduct, and your failure to comply may result in termination of your access to and use of the Site and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Site you may not, except as described above under “Permitted Uses”:

SITE AVAILABILITY

The Site may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Site will be operable at all times.

WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY

Your Warranties

You represent and warrant to us that (a) all information, including your Account Information, that you provide to us is complete, accurate and truthful, (b) you are at least 18 years of age, (c) you have the authority to share Account Information with us and to grant us the right to use Account Information as described in these Terms of Use and Privacy Policy and (d) your acceptance and use of the Site pursuant to these Terms of Use does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound.

Disclaimer of Warranties

ALTHOUGH MIIA MAKES EFFORTS TO PROVIDE AN ACCURATE SITE, THE SITE AND ALL PARTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. MIIA AND ITS AFFILIATES AND THEIR RESPECTIVE MANAGING MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “MIIA PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE AND CONTENT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (4) THE SITE AND CONTENT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY MIIA PARTY AND (5) THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SITE AND CONTENT IS AT YOUR OWN RISK AND MIIA MAKES NO WARRANTIES.

CONTENT ON THIS SITE IS FOR REFERENCE PURPOSES AND IS NOT INTENDED TO SUBSTITUTE FOR ADVICE GIVEN BY A PHYSICIAN, PHARMACIST, OR OTHER LICENSED HEALTH-CARE PROFESSIONAL. YOU SHOULD NOT USE THIS INFORMATION AS SELF DIAGNOSIS OR FOR TREATING A HEALTH PROBLEM OR DISEASE. CONTACT YOUR HEALTH-CARE PROVIDER IMMEDIATELY IF YOU SUSPECT THAT YOU HAVE A MEDICAL PROBLEM. INFORMATION AND STATEMENTS REGARDING WELLNESS PROGRAMS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. HEALTH STATISTICS AND SIMILAR INFORMATION ON THE SITE ARE DERIVED FROM INDEPENDENT SOURCES. MIIA AND ITS AFFILIATES DO NOT ASSUME ANY LIABILITY FOR INACCURACIES, MISSTATEMENTS, OR OMMISSIONS.

THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE.

Limitation of Liability

IN NO EVENT SHALL MIIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SITE, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OR ACCESS OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MIIA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE, AND ALL OTHER USE OF THE SITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

INDEMNIFICATION

Content

You will indemnify and hold MIIA, its officers, directors, employees, or agents, harmless with respect to any suits or claims arising out of (i) your breach of these Terms of Use, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of the Site or your misuse or abuse of the Site or (iii) your violation of applicable laws, rules or regulations in connection with your use of the Site. YOU AGREE TO INDEMNIFY AND HOLD THE MIIA PARTIES HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY INFORMATION PROVIDED BY YOU TO MIIA AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

BINDING BILATERAL ARBITRATION AND APPLICABLE LAW (CONTINUED FROM SECTION TITLED “BINDING ARBITRATION” ABOVE)

This arbitration agreement is intended to be broadly interpreted and includes claims, controversies or disputes arising out of or relating to the Terms of Use or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, all of which shall be considered within the meaning of “dispute” herein.

WAIVER OF CLASS-WIDE PROCEEDINGS: You agree that, by entering into these Terms of Use, you and MIIA are each waiving the right to participate in a class action or class arbitration. Each party to this agreement agrees and covenants that it will not initiate any class-wide proceedings, including class actions or class arbitrations, against another party, and will not act as a class representative or class member. This provision constitutes an agreement that any dispute will be resolved exclusively on a bilateral basis between the parties, with each party acting in his/her/its individual capacity. Further, unless both parties agree otherwise, the Arbitrator (defined below) may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The Arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason this prohibition on class arbitration is not or cannot be enforced, then the agreement to arbitrate will not apply.

Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the office of JAMS (“JAMS”) in Boston or in the office nearest to the county (or parish) of your registration address in accordance with JAMS’s then-existing Comprehensive Arbitration Rules and Procedures. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages—the right to all of which you hereby waive. Each party shall bear its own attorneys’ fees, costs and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and JAMS; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.

Notwithstanding the JAMS Comprehensive Arbitration Rules and Procedures, the foregoing or any other provision of these Terms of Use (including this arbitration agreement), any disagreement or dispute concerning arbitrability (whether a particular dispute is arbitrable) or the scope of this arbitration agreement shall be resolved by the United States District Court for the federal district in which you reside. If that United States District Court lacks subject matter jurisdiction, then any such disagreement or dispute shall be resolved by the state court of general jurisdiction embracing the area in which you reside.

By way of example only (and not by limitation), if the parties do not agree on whether a particular dispute is subject to arbitration under this arbitration agreement, the proper tribunal to decide such dispute is the United States District Court (for the appropriate district, as provided above) or, absent subject matter jurisdiction in that United States District Court, in the appropriate state court (as described above). The arbitrator shall stay all arbitration proceedings pending a decision from the appropriate court on disputes under this paragraph. The Arbitrator shall follow, adhere to and defer to the decision, order, decree or judgment of the court following the court’s decision of any such dispute under this paragraph. Any action, award or partial award of the Arbitrator in contravention of this limitation may be the subject of court appeal by the aggrieved party. No other aspect of any ruling by the Arbitrator shall be appealable, and all other aspects of the Arbitrator’s ruling shall be final and non-appealable, except as set forth herein.

This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs its interpretation and enforcement. This agreement to arbitrate shall survive termination of the Terms of Use. To the extent they do not conflict with the FAA, these Terms of Use are otherwise governed by the laws of Massachusetts without regard to conflicts of laws principles. Access or use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MIIA as a result of these Terms of Use or accessing or using the Site. MIIA’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of MIIA’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Site or information provided to or gathered by MIIA with respect to such use.

INTERPRETATION

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, 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 remainder of the Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as otherwise specified in these Terms of Use, all notices, permissions and approvals shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to us must be sent in writing to the following address: One Winthrop Square, Boston, MA 02110 or via email addressed to: MIIA.webmaster@mma.org, and notices to you will be sent to the email address you provide to us, which addresses may be updated from time to time upon written notice to the other party. The Content and other technology we may make available, and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions. No delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms of Use (including your user registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

TERM AND TERMINATION

The term of these Terms of Use will continue for as long as we allow you access to and use of the Site. Sections titled “Content,” “Warranties, Disclaimers and Limitations of Liability,” “Applicable Law and Jurisdiction,” “Interpretation,” and “Indemnification,” and this Section shall survive any termination or expiration of these Terms of Use.

ADDITIONAL TERMS

Force Majeure

You agree that MIIA is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, MIIA shall have the sole right to elect which provision remains in force.

Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Termination of Service

We may terminate or suspend your MIIA Account, or our App, Site, and/or Service without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate service, you may be entitled to a refund if applicable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified, make an announcement on our homepage or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Service.

Electronic Communications

The communications between you and MIIA use electronic means, whether you use our App, or visit the Site, or send MIIA e-mails, social media, or other messages, or whether MIIA posts notices on the App, Site, or Service or communications with you via e-mail, or social media. For contractual purposes, you (1) consent to receive communications from MIIA in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that MIIA provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Questions? Contact us at MIIA.webmaster@mma.org.