Medical Tourism Association Membership
Terms and Conditions
The following terms and conditions govern the Medical Tourism Association® (MTA) Membership and the benefits available thereunder. All persons subscribing to the MTA service are urged to read the membership terms & conditions carefully and if Members have any questions contact an MTA representative via e-mail at [email protected] or phone at +1-561-544-7124. These membership terms & conditions (hereinafter referred to as "Agreement") are made between Medical Tourism Association 4371 Northlake Boulevard, Suite 304, Palm Beach Gardens, Florida, 33410, and the organization registering for a membership and/or for the MTA Certification program ("Member").
Description of MTA Services. Each Member is entitled to receive discounts and other benefits on a specified conference or program-related and other products and services offered by MTA ("Benefits").
All Membership Benefits are accessible online at https://www.medicaltourismassociation.com/ (“Website"). To access Benefits or information related to Benefits or the MTA Service from the Website, a Member will be required to be a Member in good standing and to use a valid email address and password.
Discounts and other Benefits available to Members may not be combined with any other programs offered by the MTA or MTA’s partners unless specifically granted.
All Benefits are subject to discontinuation, change, modification, improvement, or substitution without notice and MTA makes no representations or warranties with respect to, and accepts no responsibility or liability for, -out-of-date or erroneous information related thereto.
MTA has several products in the membership program that are included as part of the benefits. Such benefits are governed by the membership program Terms & Conditions. (see below)
Membership Term. The membership program is valid for one year and automatically renewed every year thereafter until terminated.
A Member shall be entitled to all Benefits available to Members of the MTA Service for the ensuing twelve-month period under the annual plan, commencing on the date of acceptance of the Member's application for
enrollment for each twelve-month period thereafter (the "Membership Term"). MTA reserves the right, at its sole discretion, to change the terms and conditions of this Agreement at any time, with or without notice to any Member, or to cancel this Agreement or the MTA Service of a Member at any time for any reason.
Payment and Credit Card. Membership requires an initial fee and an annual renewal fee. All payments are final and non-refundable for any reason. A valid debit or credit card must be used by each Member for the purchase of the membership and automatic renewals unless other payment terms have been arranged. However, in all cases, the valid credit card must remain on file for the duration of membership and will be charged either under the automatic payment terms or in the event alternative payment agreements have not been met. Credit cards will only be charged in accordance with the Terms of membership. Failure to maintain a current credit card on file can result in benefits interruptions.
Upon entry of credit card information, credit cards will be validated by the system, prompting the Member of any error or a problem with the card in use, allowing the reentry of another valid card.
Charges to the credit cards on file will be made on the membership anniversary date. The dates may vary if there is a problem with the credit card. We accept the following credit cards currently: American Express, VISA, MasterCard, and Discover Card.
This Membership program is under the auto-renewal policy, MTA is not obligated to send Member any renewal or advance billing notices or other notices indicating that a Member's debit or credit card will be or has been charged. A courtesy e-mail may be sent in advance or as a receipt of payment.
Members may replace the credit card on file at any time. Removing a debit or credit card from the system does not release Member from the liability for any outstanding or upcoming fees.
If the required payment method fails or the account is past due, MTA may collect amounts owed by obtaining other payment methods provided by the professional, or by retaining collection agencies and legal counsel. MTA may also report information about Member accounts to credit bureaus or Member country local financial entities and as a result, late payments missed payments, or other defaults on the Member account may be reflected in the Member credit report. If Member wishes to dispute the information MTA reported to a credit bureau or Member country local financial entities (i.e., Experian, Equifax, or TransUnion) please contact us at Medical Tourism Association 4371 Northlake
Boulevard, Suite 304, Palm Beach Gardens, Florida, 33410. If Member wishes to dispute the information a collection agency reported to a credit bureau regarding the membership account, Member must contact the collection agency directly.
Promotional E-Coupons. Promotional coupons are designated for a company to enter the MTA Membership Program through a partial or a full discount. The membership program is governed by an auto-renewal and auto-billing policy. A valid debit or credit card must remain on file for the duration of the program to pay for any renewal fees, irrespective of promotional coupons being utilized. If a promotional coupon applies a partial or fully prepaid amount, the discount applies only to the initial membership cost, and not to the renewal fees. A credit card will need to be entered at the time of enrollment to comply with the auto-renewal and auto-billing process. These individuals will not be exonerated from any future renewal fees. In the event MTA authorizes an alternative renewal agreement, arrangements will be made by the Member with the Client Compliance / Retention Team to assure no billing occurs during the time prescribed by the Contract.
Electronic Disclosure and Consent. Member submission of an electronic enrollment application shall constitute Member consent to receive all disclosures, notices, and other communications including any notice that may be legally required to be provided to Member regarding this Agreement, in electronic form. MTA will provide all future disclosures and notices by sending an alert to the electronic mail address that Member has provided.
At the Member’s request, MTA agrees to provide Member with a paper copy of any amendments to this Agreement, but MTA will charge Member a processing fee and a shipping fee for such service. The member may request paper copies of required notices by sending such requests to [email protected].
It is the Member’s responsibility to maintain accurate contact information in the Member’s profile and contact MTA immediately if the electronic or mail address changes and Member is unwilling or unable to update the information online. Members can contact MTA to inform MTA by making changes directly through the website or at [email protected].
MTA Renewal Fees. The current MTA Service membership fee (the "Renewal Fee") will be automatically billed to Member's designated credit card account or other authorized billing sources (e.g., debit card, ACH, EFT, etc.) on an annual recurring basis as authorized upon enrollment. Any Member who uses a debit card as the designated credit card account or payment method acknowledges that MTA will not be responsible for any fees or penalties associated with insufficient funds, bounced checks, or any other form of fee due
to a charge of the Service Fee to a debit card provided by the Member. Unless Member cancels the membership in accordance with the relinquishment policy, MTA will automatically renew membership at the end of such then-current Membership Term as authorized upon enrollment and bill the then-current renewal Service Fee to the designated billing source.
Right to Cancel. Members have the right to terminate this Agreement and membership with the Medical Tourism Association at any time. A Member may cancel this Agreement and membership with the MTA Service, by requesting the membership cancelation no later than sixty (60) days prior to the anniversary date to [email protected]. If Member cancels their membership before the end of a Membership Term for which the Member has paid the Service Fee, the Member cannot receive a refund of such Service Fee nor any portion thereof. Due to the nature of the services provided by MTA (many of which are accessible immediately upon acceptance), it is understood that refunds cannot be issued. Member will remain liable for any other fees or charges to be paid pursuant to this Agreement or the MTA Service. If Member feels that they have been billed multiple times for the Member Service for one Membership Term, Member should promptly send notice of such, including all membership contact details, billing dates, transaction details, and the credit card and/or debit card number that it was billed to [email protected].
Disclaimer of Liability – Vendors and/or Partners. MTA shall have no liability regarding any services provided, or to be provided, by any non-affiliated third-party sponsor, affiliate, partner, or vendor ("Vendor"). All Vendors are independent contractors and not employees, partners, or joint venture partners with MTA. MTA shall have no liability regarding any Benefits provided, or to be provided, by any Vendor. Member agrees that claims about services shall be made against the Vendor providing or performing such services and not MTA. Although MTA upon request by the Member will endeavor to intervene in conjunction with a Member experiencing a problem or discrepancy with a Vendor, in the event any product or service purchased by a Member is canceled, modified, defective, or otherwise unsatisfactory to the Member, the Member will look solely to the provider, seller, merchant or manufacturer of the product or service for any repair, exchange, refund, or satisfaction of the claim. Member understands and acknowledges that MTA cannot force vendors to provide any product, service, or promotion and that Vendors are free to run their businesses as they see fit and begin/halt such efforts at their discretion.
MTA Member Representation and Obligations. In return for the discounts and benefits available under the MTA Service, each Member acknowledges such Member's obligations to MTA as follows: (a) Member has read the "Membership
Terms & Conditions" carefully, and understands the provisions of the MTA Service and the billing method for the payment of the annual Service Fee; (b) Member may cancel Member membership in the MTA Service at any time prior to the conclusion of the then-current Membership Term under the Terms herein and will not be entitled to a refund of the pro-rata unused portion of the Service Fee, (c) the Membership term will renew automatically effective the first day following the conclusion of the existing Membership Term unless Member elects to cancel in accordance with this Agreement; (d) the benefits of membership in the MTA Service are not assignable without the express written consent of MTA and Member will use membership following the guidelines described by this agreement. Member agrees not to share any proprietary information supplied to Member by the MTA including but not limited to coupon codes, discounts, incentives, and the like to any third-party, individual, entity, or institution. A violation of this provision will result in Member forfeiture of membership in the MTA Service, potential legal action from MTA and its Members, and/or potential legal action from the Vendor; and (e) MTA assumes no responsibility for the payment of or contribution to any use or sales tax on Benefits that may be imposed by any state or federal taxing authority and such taxes, to the extent imposed, shall remain the sole responsibility of the Member or the direct provider of the Benefits, as the case may be.
Governing Law; Arbitration. This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by and construed in accordance with, the laws of the State of Connecticut. Any dispute arising between Member and MTA will be submitted to arbitration in the State of Connecticut in accordance with the rules of the American Arbitration Association then in effect. Nothing herein stated shall deprive Member of the benefits of Member state's consumer protection laws.
Disclaimer of Warranty THE USE OF THE MEMBERSHIP AND/OR CERTIFICATION MARKS ARE PROVIDED ON AN “AS IS” BASIS. MTA DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, USAGE OF TRADE, EMPLOYABILITY, OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. MTA HAS NO DUTY OR OBLIGATION TO REGISTER, RENEW OR OTHERWISE MAINTAIN ANY REGISTRATION FOR THE CERTIFICATION MARKS.
General Release. Each Member, and on behalf of any person or organization using the Benefits available through the MTA Service ("Membership Beneficiary"), hereby forever releases, acquits, and discharges MTA from any and all liabilities, claims, demands, actions, and causes of action that such Member or such Member's legal representatives may have by reason of any monetary damage
or personal injury sustained as a result of or during the use of any and all Benefits available through the MTA Service. The sole recourse available to a Member, Membership Beneficiary, or their legal representatives shall be the cancellation of the Membership.
Receipt of Mail. MTA cannot guarantee that it receives any mail that Member claims to have sent. Member should, at Member’s own expense, send any notices to MTA in a form to ensure to Member that their communication arrived at MTA, which form may include but not be limited to FedEx, UPS, USPS Return Receipt Requested, and USPS Certified Mail to 4371 Northlake Blvd., Suite 304, Palm Beach Gardens, Florida 33410 USA and also via e-mail at [email protected].
Entire Agreement. The foregoing Membership Terms & Conditions contain the entire terms and agreements in connection with Member's participation in the MTA Service and no representations, inducements, promises, or agreement, or otherwise, between MTA and the Member not included herein, shall be of any force or effect. If any of the foregoing terms or provisions shall be invalid or unenforceable, the remaining terms and provisions hereof shall not be affected thereby.
Binding Effect. The foregoing Membership Terms & Conditions shall be binding upon and inure to the benefit of MTA and the Member as well as their respective successors and permitted assigns.
Covenants by Member. Member covenants and agrees that:
Authorization to use Membership Mark. Upon acceptance of membership or Renewal Application (Application) by the date, Member registered and subject to these terms and conditions of membership (Terms), MTA grants to Member a limited, personal, non-transferable, non-sub licensable, royalty-free, non-exclusive, revocable license to use the Membership Marks (as defined below) solely in connection with the promotion and conduct of the offering of services Member performs in relation to membership in the United States. No other rights are granted except for those explicitly granted herein.
Term of Use. Permission to use MTA’s Membership Marks solely for the membership annual period, as defined by MTA. At the end of the such membership period, if the membership is not renewed, Member must cancel the membership according to the terms in this agreement; all rights to use the Membership Marks terminate; and Member will immediately cease use of the Membership Marks. MTA may terminate any rights Member has in the use of the Membership Marks if Member fails to maintain current Membership status.
Restrictions on Use of Membership Mark. Without limiting the other terms and restrictions set forth in these Terms, unless otherwise approved by MTA Board in writing, Member will not, directly or indirectly: (i) use the Membership Mark in conjunction with the promotion and/or provision of any services, or in any other way, outside the United States unless Member has met cross-border requirements, (ii) use the Membership Mark in conjunction with the sale of any tangible goods, (iii) state or imply that MTA has made a determination on the merits or quality of any education, testing or review program with which Member may be associated, (iv) Individuals to use the Membership Mark, (v) use the Membership Mark in a manner that implies another individual or company is qualified to use the Membership Mark, or (vi) use the Membership Mark in violation of MTA’s policies and procedures, which are incorporated herein by reference.
Quality Control. The nature and quality of all advertising, promotional or other uses of the Membership Mark, and services associated therewith, will conform to the quality and standards specified by MTA (as modified from time to time) and will be in full compliance with MTA’s Standards of Professional Conduct and all applicable laws and regulations. MTA has the exclusive right to monitor the way Member uses the Membership Marks and the quality of services associated therewith. Such monitoring may, at the election of MTA, be done in accordance with the procedures outlined in MTA’s Standards of Professional Conduct, including but not limited to, examination, investigation, inspection, and formal hearings. MTA retains, always, the right to withdraw its approval of the Member’s use of the Membership Marks if the quality, accuracy, or other characteristics of any of the services associated therewith ceases to be acceptable in accordance with certain standards defined by MTA. Notwithstanding, MTA has no right to control incidents of actual services provided or participate in the rendition thereof.
Protection of the Membership Marks. MTA shall have the sole right to file applications to register and to obtain registration for, the Membership Marks. Member further agrees to cooperate fully with MTA in filing such applications and obtaining such registrations, including providing MTA with specimens of use of the Membership Marks and executing any documents requested by MTA, or in protecting, enforcing and defending the Membership Marks. Member will notify MTA in writing of any infringements, imitations, claims, or other problems with respect to the Membership Marks which may arise or otherwise come to Member’s attention. MTA shall have the sole right, but not the obligation, to take any action on account of any such infringement, imitation, claim, or problem. Member will not institute any suit nor take any other action on account of such infringements, imitations, claims, or problems without the prior expressed written consent of MTA.
Ownership; Goodwill. The right to use the marks of MTA is limited to those rights to use the Membership Marks and does not extend to any other marks of MTA. Any goodwill attaching to the trademarks of MTA because of the Member’s use of the Membership Marks will inure to the benefit of MTA. Member will conduct its business in a way that does not adversely affect MTA’s reputation or goodwill. Member will only display or use the Membership Marks as permitted in these Terms and the Guidelines on how to Use the MTA Designated Membership Marks (as updated from time to time). The right to use the Membership Marks does not grant the right, title, or interest in or to any trademark, service mark, logo, or trade name of MTA. Member further agrees not to: (i) challenge MTA as the sole, absolute, or exclusive owner of all rights, titles, and interest in and to the Membership Marks and the goodwill associated therewith, (ii) challenge the validity, control, or use of any mark owned by MTA, (iii) register, use, adopt or promote any mark that is confusingly similar to any mark owned by MTA, (iv) take or encourage any action which would impair the rights of MTA in and to the Membership Marks or any goodwill associated therewith, or (v) infringe the Membership Marks or any other marks owned by MTA.
Disclaimer of Warranty. THE USE OF THE MEMBERSHIP MARKS ARE PROVIDED ON AN “AS IS” BASIS. MTA DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, USAGE OF TRADE, EMPLOYABILITY, OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. MTA HAS NO DUTY OR OBLIGATION TO REGISTER, RENEW OR OTHERWISE MAINTAIN ANY REGISTRATION FOR THE MEMBERSHIP MARKS.
Compliance with Rules and Policies. Member has read, understand, and will comply with all rules and policies contained in MTA’s Standards of Professional Conduct, which is incorporated herein by reference, as it presently exists and as it may be amended from time to time.
Relinquishment of Membership. The member may voluntarily relinquish membership through a formal written notice submitted to MTA at [email protected] no later than sixty (60) days prior to the next renewal date, provided such relinquishment shall not take effect until: (i) 30 days after receipt thereof by MTA, (ii) all indebtedness due MTA is paid in full, and (iii) any complaint or action pending under MTA’s Standards of Professional Conduct is resolved. MTA, however, may in its discretion declare a relinquishment effective at any time.
Retention of Jurisdiction. Notwithstanding any termination or relinquishment of Member’s right to use the Membership Marks, Member shall continue to be
subject to the filing of a complaint under MTA’s Standards of Professional Conduct based upon acts or omissions commenced prior to the effective date of termination or relinquishment, provided that any such complaint shall be filed within five (5) years after the effective date of termination or relinquishment.
Revocation of Right to Use. MTA has the absolute and unrestricted right to revoke, at its sole discretion, any rights Member must use the Membership Marks, if MTA, in its sole discretion, finds that Member has failed to comply with MTA’s Standards of Professional Conduct or these Terms. In addition, if MTA, in its sole discretion, determines that Member has misused the Membership Marks, Member further understands and agrees that such action may cause irreparable harm and Member will immediately stop using the Membership Marks or change the way Member uses them, whichever MTA requests.
Indemnification. Neither MTA nor its directors, officers, employees, and others acting on its behalf shall be liable to Member for any actions taken or omitted in an official capacity or in the scope of employment, except to the extent that such actions or omissions constitute willful misconduct or gross negligence, and Member hereby releases MTA, all their respective employees, officers and directors and the persons identified above from any liability for any such actions or omissions. Member further covenants and agrees to defend, indemnify and hold harmless MTA and its directors, officers, employees, and agents from and against any and all claims, demands, judgments, awards, and expenses related thereto (including court costs and reasonable fees of attorneys and other professionals) brought or threatened by any third parties, including Member’s employees, clients, affiliates, etc. arising out of: (i) any breach by Member of Member’s Application or these Terms, (ii) any failure by Member or Member’s authorized agents to comply with applicable laws, (iii) the services provided by Member, (iv) any unauthorized representation, warranty, agreement or the like, express or implied, made by Member or Member’s authorized agents to or with any third party with respect to any acts or omissions (including statements, representations or warranties not authorized by MTA), or (v) acts or omissions taken by Member in connection with the use of the Membership and Certification Marks. Notwithstanding the above, MTA expressly reserves the right to retain separate counsel to participate in the defense or settlement of any such claims.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MTA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES, LOSS OF BUSINESS, REVENUE, PROFITS, OR OTHER ECONOMIC ADVANTAGE, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OR THE INABILITY TO USE ANY OF MTA’S
MARKS, INCLUDING WITHOUT LIMITATION THE IMPLEMENTATION OF THE FORMS OF DISCIPLINE, EVEN IF MTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MTA’S LIABILITY UNDER THIS DECLARATION AND AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND DEFAMATION) OR OTHERWISE, EXCEED THE AMOUNT Member PAID IN APPLICATION FEES FOR MEMBERSHIP. LIABILITIES SHALL BE LIMITED AND EXCLUDED, EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
A. Integration. Membership or Renewal Application, these Terms, and the documents incorporated herein by reference constitute the complete agreement and supersede all prior or contemporaneous oral or written representations and warranties. MTA may modify these Terms upon notification to me. No modification by Member to these Terms shall be binding upon MTA unless in writing and signed by MTA.
B. Assignment. Member will not assign or transfer any of Member’s rights or obligations under these Terms. Any assignment or delegation by Member of these Terms or any of Member’s rights or obligations hereunder shall be null and void. MTA may assign its rights herein, without Member’s prior consent.
C. Relationship. Member relationship with MTA is that of a member granted the right to use the Membership marks of a certifying body and in no way does the relationship constitute an independent contractor, partnership, franchise, joint venture, agency, or employment relationship.
D. Interpretation. These Terms, which Member understands are binding upon Member in consideration of MTA processing Member Application, shall be interpreted in such a manner as to aid in effectuating the purposes and business of MTA. No third-party private right of action shall be permitted against MTA for acts or omissions taken by MTA in the furtherance of its purposes and business or in connection with these Terms. Failure of MTA to insist on strict performance of the provisions contained herein does not prevent MTA from later enforcing its rights under these Terms.
E. Enforcement; Survival. If Member does not stop using the Membership Marks immediately upon revocation, relinquishment, or termination, or violates the
provisions of these Terms, such actions shall be considered exceptional and Member will pay any expenses, including, but not limited to, attorney’s fees, which MTA may incur while enforcing this provision. Upon termination, revocation, or relinquishment of the right to use the Membership Marks, Member’s obligations under paragraphs 5, 6, 7, 9, 10, 11, 12 and all these Terms will remain in effect.
G. Choice of Law; Forum. These Terms and any action relating thereto shall be governed by and construed and enforced in accordance with the state of Florida, Palm Beach County, and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. Member will not bring any action arising from or relating to these Terms except in a court of appropriate subject matter jurisdiction in the State of Florida, Palm Beach County, and expressly consent to personal jurisdiction and proper venue by and in such court.
H. Headings; Severability. The headings of sections and paragraphs herein are for the convenience of reference only and are without substantive significance. If any provision of these Terms shall for any reason be held invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision and these Terms shall be interpreted and construed as if such term or provision, to the extent the same shall have been held to be invalid, illegal, or unenforceable, had never been contained herein.