MSA Scholarship Foundation Terms of Use

TERMS OF USE
Maryland Society of Accountants Scholarship Foundation (“MSASF” “we” or “our”), own, operate, maintain and/or control one or more websites and web pages including, www.msascholarships.org, and any associated, additional and/or successor websites (collectively the “Site”). We offer our members and visitors (“users,” “you” or “your”) the opportunity to access and view the Site and to contact us regarding the Site and our scholarship programs.  You may access and use the Site only if you agree to these Terms of Use unconditionally and without modification. You will be bound by additional terms contained on the Site should you access the Site, donate funds or apply for a scholarship. If any such additional terms conflict with these Terms of Use, the additional terms shall apply. PLEASE TAKE THE TIME TO READ ALL TERMS AND CONDITIONS CAREFULLY BEFORE YOU ACCESS THE SITE. By accessing or otherwise using the Site, you unconditionally accept and agree to be bound by these Terms of Use whether or not you have read them.

You may browse the Site to learn more about MSASF and our scholarship program.  The Site, including all material contained therein, as well as any of the foregoing posted anywhere on the Site or otherwise approved by MSASF, whether public or not (collectively “Licensed Content”) may be used for the sole and limited purposes set forth in these and any additional terms and as provided on the Site. You may view and print portions of the Licensed Content for your own internal use but not for resale or commercial exploitation other than as expressly provided herein or in any additional terms. Any other use of Licensed Content without MSASF’s prior written approval is strictly prohibited.

1. Information Available Through the Site

While MSASF uses commercially reasonable efforts to provide accurate information through the Site, many factors outside MSASF’s control affect these efforts. It is your responsibility to periodically review the Site.  MSASF makes no representation as to the availability of the Site or the truth, thoroughness, or accuracy of any information provided through the Site. Please address all complaints relating to the operation of the Site to: the Maryland Society of Accountants Scholarship Foundation, 10630 Little Patuxent Parkway, Suite 146, Columbia, MD 21044, phone number: (800) 922-9672, e-mail address: heather@msatp.org.   MSASF’s obligations, if any, are governed solely by these Terms of Use and any additional documents entered into in connection with our scholarship program.

MSASF cannot ensure or guarantee and does not make any warranties regarding any information or determinations whether provided by MSASF or made by any Third Party in connection with these Terms of Use. As used in these Terms of Use, a Third Party(ies) are persons or business entities, websites and any other business or enterprise that is referred to in the context of these Terms of Use as being other than MSASF or a user.

2. Scholarship Information

MSASF cannot ensure or guarantee and does not warrant that our programs will meet your particular needs or requirements or that the recommendations, regulations or other information provided by MSASF or any Third Party is complete, accurate or current.

3. Donations

Donations made through the Sites shall be through PayPal, in accordance with PayPal’s payment terms.

4. Security

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure.  While we strive to protect your personal information, MSASF cannot ensure or warrant the security of any information transmitted to or from the Site and you do so at your own risk.

5. Restrictions

You agree that:  (a) you will not provide any false personal information; (b) you will not use the Site if you are under the age of 18; (c) you are not a direct competitor of MSASF; (d) you may not copy, transfer or otherwise use any content belonging to MSASF for the purpose of marketing or promoting our programs or any other product or service.  Use of the Site in violation of these Terms of Use, will be investigated and MSASF reserves the right to take appropriate legal action, including without limitation, civil, criminal and injunctive relief.  You may not use the Site and may not accept the Terms of Use if: (a) you are not of legal age to form a binding contract or (b) you are a person barred from engaging in transactions under the laws of the United States or any other country including the country in which you are a resident.   You will not use the Site to do anything unlawful, misleading, malicious or discriminatory.  You will not do anything that could disable, overburden or impair the proper functioning of the Site such as a denial of service attack.  MSASF reserves the right to suspend or ban any user from accessing the Site for any reason.  You understand that any and all information which you may have access to as part of or through your use of the Site is the sole responsibility of the person from whom such content originated.  Content may be protected by intellectual property rights which are owned by the provider thereof.  You may not modify, rent, lease, lend, sell and distribute or create derivative works based on this content, either in whole or in part, unless you have been specifically told that you may do so by MSASF or by the owner of such content in a separate agreement.  MSASF reserves the right (but shall have no obligation) to prescreen or view, flag, filter, modify, refuse or remove any and all content from the Site.    You agree that you are solely responsible for (and MSASF has no responsibility to you or to any Third Party) for any content that you create, transmit or display while using the Site and for the consequences of your actions (including any loss or damage which MSASF may suffer) by doing so.

You may not probe, scan or test the vulnerability of the Site or MSASF Network. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or Licensed Content. You may not reproduce or circumvent the navigational structure or presentation of the Site or any Licensed Content, circumvent the security features or attempt to access any materials or information through any means not purposely made available by MSASF through the Site. Any attempt to interfere with or disrupt all or any part of the MSASF Network, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Technical Features, trace the information of any other user or visitor, circumvent security features, or take any action that compromises the privacy or security of the MSASF Network, users or other visitors is strictly prohibited. As applicable, you are responsible for ensuring that your employees and non-employee personnel adhere to these Terms of Use.

  6. Termination of Participation in the Site

MSASF may at any time suspend or terminate your use of the Site if (a) you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to or are unable to comply with the provisions of the Terms of Use); (b) we are required to do so by law (for example, where a provision of particular services is or becomes unlawful); (c) MSASF is transitioning operation of the Site to a Third Party; (d) MSASF elects to cease operating the Site; or (e) for any reason whatsoever which, in MSASF’s opinion, is detrimental to the Site.

7. Privacy and Data Security

Please see our Privacy Policy for our privacy terms applicable to the Site.

8. Links/Third Party Service Providers

The Site contains links to other internet websites, including to our affiliates. We may in the future provide links to additional websites or resources. When you link to those sites, you leave the Site. MSASF has no control over such sites, their content and resources or the business practices or policies of operators of such sites. The privacy terms set forth in our Privacy Policy do not apply to the practices of any companies or individuals operating the linked sites. Please use caution and review the privacy policies of any sites that you visit to learn more about their information-gathering practices. MSASF expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, Products, materials or services available from such sites or resources and/or any claims, representations or warranties made by third parties with respect to their goods or services. The inclusion of any link on the Site does not imply that MSASF endorses the linked site. Your use of any links is at your own risk. You further acknowledge and agree that MSASF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services or materials available on or through any such link, site or resource.

9. Third Party Relationships

MSASF has negotiated arrangements with third party providers (“Providers”) pursuant to which MSASF members may receive special contract pricing and/or other promotional benefits when making donations to our scholarship programs via the MSASF Site. Providers and their offerings are subject to change from time to time, without notice.  MSASF receives royalties and/or commissions in connection with member purchases of Provider products and services initiated via this website (as determined between MSASF and each Provider).

MSASF offers these Provider arrangements to donors solely as a donor benefit. We do not recommend or endorse any particular Provider, nor do we represent or warrant that any Provider products or services will meet your specific needs or are offered to you on the most favorable contract terms. Your interactions with Providers, including the purchase of products or services from Providers (whether or not made through this website) are solely between you and the Providers, and MSASF is not responsible or liable in any manner for such interactions or purchases.

All information on this website regarding a Provider and its products and service offerings are written by the Provider and has not been verified by MSASF.

10. Proprietary Rights/Licenses

MSASF’s Proprietary Rights: The “MSASF Network” is comprised of the Technology Features and Site through which the Technology Features and the Site are accessed as well as its Marks. The “Technology Features” means all functions, features and capabilities of the MSASF Network (including the Site), including without limitation all software, hardware, remote-access electronic functionality and all upgrades, updates, revisions, versions, releases, modifications and derivatives thereof and thereto. The Marks include all Third Party or MSASF trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another and whether or not registered to MSASF and includes all Marks owned by our affiliates. The Marks, MSASF Network (including the Site), and Technology Features, the Site and the collection, compilation, assembly and arrangement of Licensed Content are owned by or under license to MSASF and contain proprietary and confidential information all of which is protected by all applicable intellectual property and other laws. All copyrights, patent rights, trade secret rights, trademarks and other intellectual property rights in and to the MSASF Network (including the Site), Technology Features, Site, Marks, and Confidential Information are owned solely and exclusively by MSASF. Everything you see or read and that which is provided to you through the Site, including the templates, expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the Site, and Licensed Content, is protected by all United States and international copyright and trademark laws, and may not be used except as provided in these Terms of Use and any additional terms without MSASF’s express written permission. You may not use or display the Marks in any manner without the prior written consent of the applicable owner. This includes use of the Site addresses or Marks in page text, as key words, meta tags or any other “hidden text.”

11. Notices and Procedures for Making Claims of Copyright Infringement

MSASF respects the intellectual property of others, and asks its users and visitors to do the same. MSASF will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to MSASF. Upon receipt of notices complying with the DMCA, MSASF will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:

  • 1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 2. a description of the copyrighted work that you claim has been infringed;
  • 3. a description of the material that you claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable MSASF to locate the material;
  • 4. your name, address, telephone number, email address and all other information reasonably sufficient to enable MSASF to contact you;
  • 5. a statement by you that you have a good faith belief that use of the material as described by you is not authorized by the copyright owner, its agent, or the law;
  • 6. a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of copyright infringement should be directed to:
By mail:
Maryland Society of Accountants Scholarship Foundation
10630 Little Patuxent Parkway, Suite 146
Columbia, Maryland 21044

By email:
heather@msatp.org (Please include “Notice of Infringement” in the subject line.)

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MSASF THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

12. DISCLAIMERS AND LIMITATIONS OF LIABILITY
MSASF DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE, LICENSED CONTENT OR INFORMATION REGARDING SCHOLARSHIPS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT:

YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY, TRANSMISSION AND MAINTENANCE OF YOUR DATA, YOUR USE OF THE SITE AND YOUR ACTIVITIES IN CONNECTION WITH YOUR USE OF THE SITE. ALTHOUGH MSASF HAS NO OBLIGATION TO MONITOR ANY OF THE FOREGOING, IT HAS THE RIGHT TO DELETE, REMOVE OR EDIT ANYTHING IT BELIEVES MAY CONSTITUTE A BREACH OF THIS AGREEMENT AND TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE AT ANY TIME IN ITS SOLE DISCRETION WITHOUT NOTICE OR LIABILITY OF ANY SORT. UNDER NO CIRCUMSTANCES IS OR WILL MSASF OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, ANY OF YOUR DATA OR OTHER CONTENT OR MATERIAL PROVIDED BY YOU, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN ANY OF THE FOREGOING, OR FOR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MSASF EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE. MSASF MAKES NO WARRANTY (I) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (II) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR TIMELY, THAT THEY ARE SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE. ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE AND ANY INFORMATION YOU SHARE WITH THIRD PARTIES, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MSASF OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MSASF SHALL NOT, IN ANY EVENT OR UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MSASF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SITE, ACCURACY OF THE INFORMATION, SHOWN OR AVAILABLE FROM THE SITE, AND/OR ANY TRANSACTION OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE. IN ANY CASE, MSASF’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND THIRD PARTY BUSINESS PARTNERS, IS LIMITED TO $100.00. THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS BETWEEN MSASF AND YOU AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN. YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST MSASF WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

13. Indemnity
You agree to indemnify, defend, release and hold MSASF and its affiliated entities and each of our officers, directors, affiliates, suppliers, users and agents and employees harmless from all damages, liabilities, fees, costs, loss of business profits, taxes, penalties or sanctions, and interest of any nature, including reasonable fees of attorneys and other professionals that MSASF may incur due to, arising out of or relating to any claims, demands, actions or proceedings, whether or not brought to suit, alleged or initiated against MSASF by any Third Party in any way arising out of or related to anything you submit, transmit through or upload to the Site, your use of the Site, your provision of registration or other information that is untrue, inaccurate, fraudulent, or out of date, your communications, your violation of anyone’s proprietary or confidential information, patent, trademark, trade secret or other proprietary rights, an allegation that you are in violation of any right, license, law, statute, regulation, rule, order or ordinance and/or any act or omission resulting in harm to MSASF.

14. Notice
Notices to you may be made via email, United States Postal Service or commercial courier service to the contact information you provide. MSASF may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Site. Notice or other correspondence to MSASF should be sent prepaid, by certified mail, return receipt requested or overnight commercial courier to:

Maryland Society of Accountants Scholarship Foundation
Attention: Terms of Use Notice
10630 Little Patuxent Parkway, Suite 146
Columbia, Maryland 21044

15. General Information
The parties have agreed that these Terms of Use be provided in English. Not all features or Scholarships discussed, referenced, provided or offered through or on the Site may available to all persons or in all geographic locations and may be limited by MSASF in its sole discretion. These Terms of Use constitute the entire agreement between you and MSASF with regard to the relationship between you and MSASF and shall govern all use of the Site. Your activities and use of the Site supersede any prior agreements between you and MSASF. You also may be subject to additional terms and conditions in connection with specific donations or scholarship applications. These Terms of Use, your use of the Site and any other agreement with and the relationship between you and MSASF shall be governed by the laws of the State of Maryland without regard to choice of law provisions. You and MSASF agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction over Howard County, State of Maryland, regardless of the fact that the Site are accessible outside the United States. Notwithstanding the foregoing, MSASF may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights. The failure of MSASF to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of the Site or the Terms of Use within six (6) months after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

16. Modifications to the Site and these Terms of Use
From time to time MSASF may modify the MSASF Network and Technology Features, change the Licensed Content, disable certain features of the Site and/or Site or expand the Site’ capability and/or reduce or expand the Site. MSASF also reserves the right at any time and from time to time to modify these Terms of Use, the Site, their functionality and capabilities and/or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. We will post a notice to the Site if we change these Terms of Use in any material manner.  You will be bound by the modifications if you use the Site after being given notice. You should also regularly review these Terms of Use. You agree that MSASF shall not be liable to you or to any Third Party in any way.

17. Violations
Please report any violations of the Terms of Use to the Maryland Society of Accountants Scholarship Foundation, 10630 Little Patuxent Parkway, Suite 146, Columbia, Maryland 21044, phone number: (800) 922-9672, e-mail address heather@msatp.org.

bottom_curve