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Terms and Conditions

These Terms and Conditions ("Terms," "Agreement") govern your access to and use of the content, products, and services available at https://www.ustmaaafoundation.org (the “Service”), operated by the USTMAAA Foundation (“us,” “we,” or “our”).

 

Effective Date: December 6, 2025

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Your access to and use of the Service are conditioned upon your acceptance of and compliance with these Terms and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use the Service.

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By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

We reserve the right to update or change these Terms at any time. We will notify you of material changes by posting the most current version on the Service with a new effective date. Your continued use of the Service after any changes constitutes your acceptance of the updated Terms.

 

1. Use of the Service and User Conduct

 

You must be at least 18 years old to use the Service, or if you are under 18, you must have your parent or legal guardian’s permission and supervision.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You specifically agree not to use the Service:

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  • In any way that violates any applicable federal, state, local, or international law or regulation.

 

  • To transmit unsolicited advertising, promotional material (spam), or unauthorized solicitations.

 

  • To impersonate or misrepresent your affiliation with us, our employees, or any other person or entity.

 

  • In any way that infringes upon the rights of others (including intellectual property or privacy rights).

 

  • To upload, introduce, or transmit any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.

 

  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server, or any database connected to the Service.

 

  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm us or users of the Service.

 

2. Donations and Payments

 

If you make a donation or purchase goods/services through the Service, you agree to provide current, complete, and accurate information.

 

  • Payment Processing: All financial transactions are handled by secure, third-party payment processors (e.g., [Stripe or PayPal]). By submitting your payment details, you agree to the terms and privacy policy of the applicable payment processor. We are not responsible for errors or security breaches related to the payment processors.

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  • Refund Policy: Donations made to us are generally considered non-refundable gifts to support our mission. We reserve the right to refuse or cancel any donation or transaction at our discretion. Any exceptions to this policy will be clearly communicated or made at our sole discretion where required by law.

 

3. Intellectual Property Rights

 

The Service and its entire contents, features, and functionality (including all information, software, text, graphics, video, and audio, and the design and selection thereof) are owned by us, our licensors, or other providers and are protected by United States and international intellectual property laws.

 

These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any material on the Service, except as expressly authorized herein.

 

All rights not expressly granted to you are reserved by us. Any unauthorized use of the Service is a breach of these Terms and may violate copyright, trademark, and other laws.

 

4. User-Generated Contributions

 

The Service may allow you to create, submit, post, display, transmit, or publish content and materials, including but not limited to comments, suggestions, forum posts, photos, or videos (collectively, "Contributions").

 

A. Contributions Warranties

 

By providing any Contributions, you represent and warrant that:

 

  1. You are the creator and owner of the Contributions or have the necessary licenses, rights, and permissions to use and to authorize us, the Service, and other users to use your Contributions as intended by the Service and these Terms.

 

  1. Your Contributions do not infringe any proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party.

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  1. Your Contributions comply with all provisions of Section 1 (Use of the Service and User Conduct).

 

B. License Grant to Us

 

You retain ownership of your Contributions. However, when you post or upload Contributions to the Service, you automatically grant to us a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable, and transferable license to host, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Contributions in connection with the Service and our (and our affiliates’) business, including for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

 

C. Contributions Treatment

 

Contributions may be viewable by other users and through third-party websites. You acknowledge that your Contributions may be treated as non-confidential and non-proprietary. We are not liable for any statements or representations in your Contributions.

 

5. Digital Millennium Copyright Act (DMCA) Notice

 

We respect the intellectual property rights of others. If you believe that any material available on or through the Service infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

 

  • Your Notification must substantially comply with the requirements set forth in 17 U.S.C. § 512(c)(3) and include the following:

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  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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  • Identification of the copyrighted work claimed to have been infringed.

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  • 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.

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  • Sufficient information to permit us to locate the material.

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  • Your contact information (address, telephone number, and email address).

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  • A statement that you have 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.

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  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Designated Copyright Agent Contact Information: Current President of USTMAAA Foundation located at the address, phone number, and email below.

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6. AI-Generated Content and Data Use

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If the Service incorporates or generates content using Artificial Intelligence (AI) (e.g., automated summaries, personalized recommendations, or chatbots):

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  • No Warranty: Any AI-generated content is provided "as is," without any warranty as to its accuracy, completeness, or reliability. You acknowledge and agree that you bear the sole risk of relying on such content and should not use it for critical, legal, or financial decisions without independent verification.

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  • AI Training: We may use your inputs, data, and interactions with AI features to improve our underlying AI models and services. This training data will be used and stored in accordance with our Privacy Policy (e.g., anonymized or aggregated, unless specific consent is given for personal data).

 

7. Website Accessibility Commitment

 

We are committed to providing an accessible user experience. We strive to make the Service comply with the European Accessibility Act (EAA) and applicable US laws (e.g., ADA). Our goal is to meet or exceed WCAG 2.1 Level AA standards where technically and financially feasible. If you encounter any accessibility barriers, please contact us at info@ustmaaafoundation.org so we can address them.

 

8. Limitation of Liability

 

To the fullest extent permitted by applicable law, in no event will we or our affiliates, or our or their respective officers, directors, employees, agents, suppliers, or licensors, be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Service, including any content.

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This limitation includes any indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, and loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

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The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

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9. Indemnification

 

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

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  1. Your violation of these Terms.

  2. Your use of the Service, including your Contributions.

  3. Any use of the Service’s content, services, and products other than as expressly authorized in these Terms.

 

10. Governing Law and Mandatory Dispute Resolution

 

A. Governing Law

 

All matters relating to the Service and these Terms, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule.

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B. Mandatory Binding Arbitration and Class Action Waiver

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service, except for qualifying claims brought in small claims court, shall be resolved by mandatory binding arbitration administered by [e.g., the American Arbitration Association ("AAA")] in accordance with its Commercial Arbitration Rules.

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  • Location: The arbitration will take place in West Bloomfield, Michigan.

 

  • Waiver of Jury Trial: You and we acknowledge and agree to waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury.

 

  • Class Action Waiver: You and we agree that arbitration shall be conducted solely on an individual basis and that this Agreement does not permit class arbitrations or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. You expressly waive your right to bring or participate in any class action or collective action.

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C. Venue for Other Proceedings

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In the event the agreement to arbitrate is found not to apply to you or your claim, you agree that any judicial proceeding shall be brought exclusively in the federal courts of the United States or the courts of the State of Michigan in each case located in West Bloomfield and Oakland County.

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11. General Provisions

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  • Waiver and Severability: No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of the Terms will continue in full force and effect.

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  • Entire Agreement: These Terms and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Service and supersede all prior understandings, agreements, representations, and warranties.

 

12. Contact Us

 

To resolve a complaint regarding the Service, receive further information, or submit a copyright infringement notification, please contact us at:

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University of Santo Tomas Medical Alumni Association in America Foundation (USTMAAA Foundation), 7071 Orchard Road, Suite 333, West Bloomfield, MI48323, telephone: (847) 800 3658, email: info@ustmaaafoundation.org, website: https://www.ustmaaafoundation.org.

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