Ask the Expert: Terms and Conditions

Thank you for your interest in Texas Medical Association’s (“TMA”) ‘Ask the Expert’ series. By attending a presentation in the series or submitting a question in relation to this series, you agree to the terms and conditions herein (the “Terms”). If you do not agree to these Terms, you should not participate in the ‘Ask the Expert’ series.

1.  You must be a TMA member. This series is intended for use only by TMA’s members and not the general public.

2. You understand you are solely responsible for how you interpret the information, content, or material in relation to the ‘Ask the Expert’ series and how you might apply it.   This information is provided as commentary for general information purposes only and is not intended to be advice on any specific legal or other professional matter. You understand that TMA is not engaged in rendering any professional service or legal advice. You also understand the information provided is only the approach or opinion of the person discussing it and may not be the only opinion or approach to the subject matter. Further, you understand this commentary is not a substitute for the advice of an attorney or other professional. You should not rely on this information when dealing with personal matters; rather you should seek legal advice from retained legal counsel or specific advice from another professional as applicable. Any legal or other professional forms provided in relation to the series are only provided for the use of members in consultation with their attorneys or other applicable retained professional.

3.  You release TMA from liability, including any damages, in connection with information provided in the series. So TMA can continue to share general information in this format, to protect TMA, our employees, and our members, we ask you to agree to the following release and limitation on damages:

 a.           Release. YOU HEREBY EXPRESSLY WAIVE, RELEASE, AND DISCHARGE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION AGAINST TMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “TMA PARTIES”), INCLUDING ANY CLAIMS FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, ANY CLAIM IN TORT (INCLUDING NEGLIGENCE (WHETHER SOLE, JOINT, OR CONCURRENT), GROSS NEGLIGENCE, OR STRICT LIABILITY), OR ANY OTHER CLAIMS, DEMANDS, OR CAUSES OF ACTION, REGARDLESS OF THE LEGAL THEORY, THAT MAY HEREAFTER ACCRUE THAT ARISE OUT OF, ARE INCIDENT TO, OR RESULT FROM THESE TERMS OR THE ‘ASK THE EXPERT’ SERIES.

 b.            Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TMA PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS (REGARDLESS OF HOW THESE ARE CLASSIFIED AS DAMAGES), RELATING TO, ARISING FROM, OR IN CONNECTION WITH THE ‘ASK THE EXPERT’ SERIES OR THESE TERMS, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, OR STRICT LIABILITY), OR OTHERWISE (INCLUDING THE ENTRY INTO, PERFORMANCE OR BREACH OF THESE TERMS), REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.   Miscellaneous. These Terms constitute the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersede

 all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter, except with respect to the disclaimer associated with the ‘Ask the Expert’ webpage, which is incorporated by reference herein. These Terms shall be interpreted, enforced, and governed in all respects by the laws of the State of Texas without regard to conflicts of laws principles. Any action or proceeding filed in connection with these Terms will be filed exclusively in a court of competent jurisdiction in Travis County, Texas. The parties hereby irrevocably consent to the personal jurisdiction and venue of these courts. These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or will confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever, under or by reason on these Terms. If any part of these Terms is declared or held invalid for any reason, the invalidity of that part will not affect the validity of the remainder of these Terms, which will continue in force and effect and be construed as if these Terms had been executed without the invalid part. Any rights or obligations of the parties in these Terms which, by their nature, should survive termination or expiration of these Terms will survive any such termination or expiration. The failure or any delay on the part of a party to exercise any right, remedy, power or privilege under these Terms shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any right, remedy, power or privilege. Further, the waiver of any right, remedy, power or privilege with respect to any occurrence shall not be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Last Updated On

January 28, 2021