Effective Date: 10 January 2025
Version: 1.0
When you visit any https://mmira.wildapricot.org/ Site pages, cookies may be placed on your computer by MMIRA, WildApricot (our membership account management system) or another third party. See the complete list of cookies placed by https://mmira.wildapricot.org/ below.
What is a cookie?
A cookie is data – typically stored as a text file –placed on your devices when you visit a website. The cookie is used to identify your device to a website when you visit again so the site can provide necessary functionality and personalize your experience.
Accepting cookies
Within your browser settings, you can choose whether to accept cookies. When accessing https://mmira.wildapricot.org/, you are encouraged to enable cookies (which most browsers do by default). That way, our Site can remember you and tailor your experience to better suit your needs.
Third-party cookies
By default, some browsers block third-party cookies, while others accept them automatically. If your browser blocks third-party cookies it will allow you to accept them.
Cookies placed when visiting the MMIRA website
The following cookies may be placed on your computer when you visit https://mmira.wildapricot.org/. They are used to provide functionality and to better understand how we can improve your experience. Refusing cookies prevents us from providing log-in functionality and learning from your experience to tailor it to better suit your needs.
The following cookies are placed by WildApricot on your device(s) to support the operation of the MMIRA website.
Cookie prefix: Description
absf : Stores selected folder in file browser
ARF : Additional session key
avms : Indicates that the Site was switched from public view to admin view
bc, bs : Used to display notifications in place of the WildApricot logo
cs : Used for CSRF (Cross-site request forgery) attack protection
emergencyURL : Stores the return URL after an unsuccessful attempt to authorize a transaction with AffiniPay
epce : System cookie which indicates that external auth request failed and contains ExternalAuthProvider name
hs : Used to determine if the user is viewing the Site in https mode
lap, apc : Stores the last opened page in admin view. Used when switching between public and admin view
mdasau : Used by the member directory gadget to store the advanced search parameters for users who are not logged in
ops : Indicates whether an online payment has been initiated
pp : Stores the last opened page in public view. Used when switching between admin and public view
ppa : Stores the previous selected payment system when saving payment settings
returnURL : Stores the return URL after successfully authorizing a transaction with AffiniPay
ro : Stores role of user (contact/member/admin)
sellerCode : Stores the association ID. Used when authorizing a transaction with AffiniPay
sk : Used to display information about incomplete applications and event registrations, open invoices, etc.
tcc : Test cookie used to determine if cookies are enabled in client browser
ThemeReloadCookieName : Identifies that theme switching is in progress and determines where to redirect after theme switching is completed
Wa : Main authorization cookie
Wb : Used for wizards (member application, event registration, etc.)
Wc : Also used for wizards (member application, event registration, etc.)
Wmc : Stores session in widget mode
Effective Date: 10 January 2025
Version: 1.0
This privacy policy (“Policy”) explains how we process personal data from members and visitors to our website (“Site”) and users of our membership services (“Services”) as a controller under applicable privacy laws. When WildApricot collects personal data as a processor on behalf of MMIRA, they process personal data in accordance with our contract with them.
Note that this Policy does not apply to the personal data of MMIRA employees, contractors or volunteers.
Information Collection
Personal data collected directly from you
We may collect the following personal data from you:
Membership Account Services. When you register to create a membership account, we may collect any or all of the following: your name, organization name, email address, phone number, department, address, VAT number, journal access options, chapter/affiliate membership, country where you live, student status, your membership level, and account password.
Communications. We collect the information you provide such as your contact information and records of our communications.
Transaction and Billing Information. When you become a member, we collect purchase information, including payment card information through a third-party processor.
Surveys. When you fill out a survey, we collect your response, which depends on the type of survey, but may include satisfaction questionnaires or election slates.
Events, Webinars and Other Information. We also collect personal data related to your registration for and participation in our events.
Other Information. We may collect other personal data that you consent to or would reasonably expect based on the nature of the circumstances.
Personal data collected automatically
When you visit our Site, we and third parties may collect information, including personal data, including through the use of cookies, pixel tags, and other similar technologies such as:
Device and Browsing Information. When you visit our Site, we may collect information, which may be considered personal data under certain laws, such as IP address, browser type, domain names, access times, date/time stamps, operating system, language, device type, unique or online identifiers, Internet service provider, referring and exiting URLs, clickstream data, and similar device and browsing information.
Activities and Usage. We may also collect activity information related to your use of our Site, such as information about links clicked, searches conducted, features used, items viewed, time spent on certain pages, your interactions with us, log file information, and other activity and usage information.
Location Information. We may also collect or derive general location information about you, such as through your IP address.
Purpose of Data Collection
Generally, we use personal data for the following purposes:
Providing Services and Support. To provide and operate our Services, communicate with you about your use of the Services, fulfill your membership renewal requests, process your payments, communicate with you, and for similar service and support purposes.
Communications. To fulfill your membership order and requests; to seek your views or comments and to send you communications which you have requested or that may interest you; and to notify you of changes to our Services.
Analytics and Improvement. To better understand how Site users and members access and use our website, Services, and our other products and offerings, and for other research and analytical purposes, such as to evaluate and improve our website and Services, to develop our Services and features, and for internal quality control purposes.
Customization and Personalization. To tailor the content we may send or display on the Services to personalize your experiences.
Marketing and Advertising. To send you information about our Services, such as offers, promotions, newsletters and any other information that you sign up to receive and to manage, analyze, measure and improve our marketing campaigns.
Planning and Managing Events. For event planning and management, including registration, attendance, connecting you with other event attendees or members, and contacting you about relevant events and Services.
Research and Surveys. To administer surveys and questionnaires, such as for market research or member satisfaction purposes.
Security and Protection of Rights. To protect the Site and Services and our association operations; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our terms or this Policy.
Legal Proceedings and Obligations. To comply with the law and our legal obligations, to respond to legal process and related to legal proceedings.
General and Operational Support. Related to the administration of our general association business, accounting, auditing, compliance, recordkeeping, and legal functions.
Data Sharing
In general, we disclose and make available personal data to third parties in the following ways:
Chapters/Affiliates. We may disclose personal data such as your email address to chapters or affiliates as part of our international association operations and for purposes and uses that are consistent with this Policy.
Processors and Service Providers. We may disclose personal data to our service providers who perform Services on our behalf such as membership management systems, etc.
Third-Party Advertising Networks, Analytics Providers and Social Media Platforms. We and third-party advertising networks, search engines, social media platforms, sponsors and/or traffic measurement services, use information, that may be considered personal information in some jurisdictions to understand and improve the use of our Site, for analytical purposes, to personalize content, and to improve and measure the effectiveness of our Site. For more information, see the section on Cookies and Tracking below.
Compliance, governance and legal requirements. We may disclose personal data to comply with legal and compliance obligations and to respond to legal process and related to legal proceedings. For example, we may disclose personal data in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement. We may also disclose information, including personal data, related to litigation and other legal claims or proceedings, for our internal accounting, auditing, compliance, recordkeeping, and legal functions.
Other Disclosures. We may disclose your personal data for other purposes, which we will notify you of and/or obtain your consent when required.
Aggregate and/or Deidentified Data. We may use and disclose aggregate, deidentified, and other non-identifiable data related to our association and Services for quality control, analytics, research, development and other purposes. Where we use, disclose, or process deidentified data we will maintain and use the information in deidentified form and will not attempt to reidentify the information except where permitted by law.
Data Protection and Security
No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal data, we cannot guarantee or warrant the security of any information collected through our Site. You use our Site and provide us with your personal data at your own risk.
User Rights
Your personal data will be retained until such time as needed to fulfill the purposes and uses for which it was collected as outlined in this Policy. If you request that we delete your personal data from our databases, please note we may still retain your personal data as necessary to comply with our legal obligations, regulatory requests, resolve disputes, and enforce our agreements.
In general, members have the following rights with respect to their personal information, subject to certain conditions and exceptions:
Right to Know. You have the right to request: (i) the categories or personal information we collected about you; (ii) the categories of sources from which the personal information is collected; (iii) our purposes for collecting or sharing personal information; (iv) the categories of third parties to whom we have disclosed personal information; and (v) a copy of the specific pieces of personal information we have collected about you.
Right to Delete. You have the right to request that we delete personal information we have collected from you.
Right to Correct. You have the right to request that we correct inaccuracies in your personal information. You can update your personal information by logging into your member account.
Right to Opt-Out of Sharing. To exercise your right to opt-out of the “sharing” of your personal information, please contact us using the details provided in the Contact Information section below.
Right to Limit Use of Sensitive Personal Information. We do not currently collect or disclose sensitive personal information. If our practices change, we will provide this right.
Right to Non-Discrimination. You have the right not to be subjected to discriminatory treatment for exercising any of the rights described in this section.
Privacy Choices
Marketing Communication. We may send periodic promotional and operational emails or other similar communications to you in accordance with applicable law. You may change your preferences by following the instructions provided to you in the communication. If you opt out of receiving promotional emails from us, we may still send you communications about your account or any Services you have requested or received from us.
Cookie Settings. You can set your browser to block certain cookies or notify you when a cookie is set; you can also delete cookies. The “Help” portion of the toolbar on most browsers will tell you how to prevent your device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to delete cookies. Visitors to our Site who disable cookies will be able to browse the Site, but some features may not function. If you come to our Site from a different device or from a different browser on the same device, you will need to apply your cookie settings for that browser and/or device as well.
Personal Data of Minors
We provide a general audience Site. The Site and Services are not designed for minors, and we do not knowingly collect personal data from minors.
External Links
Our Site and Services may contain links to third-party websites or features. Any access to and use of such linked websites or features is not governed by this Policy, but instead is governed by the privacy policies of those third parties. We are not responsible for the information practices of such third parties, including their collection of your personal data. You should review the privacy policies and terms for any third parties before proceeding to those websites or using those features.
Cookies and Tracking
Please see the MMIRA website Cookie Policy.
Policy Updates
This Policy may change over time. Members will be notified of changes via their account or an update email.
Contact Information
If you have any privacy-related inquiries or concerns, please get in touch:
Email MMIRA at mmira.membership@gmail.com
Write to MMIRA via:
MIXED METHODS INTERNATIONAL RESEARCH ASSOCIATION, INC.
9700 TACKLE ST
LADSON SC 29456-6749
Legal Compliance
Legal grounds for collecting and processing personal data
Consent. The legal ground for processing your personal data that we collect when you provide us with specific permission to do so, is your consent, which you may withdraw at any time by clicking on any unsubscribe link that we provide.
Contractual Necessity. We may process your personal data when it is necessary for the performance of a contract to which you are a party (e.g., processing credit card details in order to effect payment).
Compliance with Legal Obligations. We also may conduct certain personal data processing activities for purposes of meeting our legal obligations in the EU and in EU member states (e.g., our regulatory retention obligations).
Vital Interests. Under special circumstances (e.g., in connection with natural disasters or emergency situations), we may need to process your personal data in order to protect the vital interests of you or one or more persons.
Legitimate Interests. The last legal ground for processing the personal data that we collect for other purposes identified are MMIRA’s legitimate interests in providing Services; providing quality support to members, potential members, and Site users; providing conference, webinar, seminar, or workshop attendees with pertinent event information; providing members and potential members with marketing materials to promote our Services; identifying board members or committee volunteers to fill our open positions or available opportunities; maintaining compliance with applicable global laws and regulations; providing more relevant content for users of our Site; identifying and fixing problems with our Site; understanding how our members interact with our Services and Site so we can enhance the experience and functionality of our Services and Site; and improving the overall user experience on our Site.
Effective Date: 10 January 2025
Version: 1.0
All Transactions Are Final
Please carefully review your membership order before confirming your membership transaction. All purchase transactions are considered final. We do not offer refunds or exchanges for any services purchased through MMIRA's website.
Non-Refundable Services
All Services purchased from MMIRA are non-refundable unless otherwise specified in writing by MMIRA. This Policy applies but is not limited to:
Exceptions to the No Refund Policy
The only exceptions to our No Refund Policy include:
Incomplete Service. If a purchased Service is not fully delivered or does not meet the predefined criteria as advertised, a partial or full refund may be considered.
Legal Requirements. Following applicable laws, where we are legally required to offer a refund, it will be honored.
How to Contact Us
For any questions or concerns regarding this No Refund Policy, please contact us:
Email MMIRA at mmira.membership@gmail.com
Write to MMIRA via:
MIXED METHODS INTERNATIONAL RESEARCH ASSOCIATION, INC.
9700 TACKLE ST
LADSON SC 29456-6749
We reserve the right to modify this No Refund Policy at any time, effective upon posting of an updated version on our website. Please regularly check https://mmira.wildapricot.org/ for updates.
Effective Date: 10 January 2025
Version: 1.0
These Terms of Use (the “Agreement”) are a Legally Binding Contract between You and the Mixed Methods International Research Association.
The Mixed Methods International Research Association (“MMIRA”, “we” or “us”) is pleased to provide you with access and use of our websites (including all websites that link to this website), member services and membership accounts provided by WildApricot (hereinafter collectively referred to as “Site” or “Service”). This Agreement governs your access to and use of our Site and Services.
Before accessing, registering, and otherwise using MMIRA’s Site, please read this Agreement carefully. This Agreement forms a legally binding contract between MMIRA’s Members (“Members”) and MMIRA. Members (as defined below) and Visitors (as defined below) to our Site should review any third-party sites for additional information governing their use of such sites. This Agreement incorporates all appendices to the Agreement, including any Policyand or Guidelineswe may post on our Site. This Agreement cannot be orally modified.
BY USING ANY MMIRA SITE, YOU AGREE TO THIS AGREEMENT AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO. IF YOU ARE USING ANY MMIRA SITE ON BEHALF OF AN ORGANIZATION, YOUR ACCEPTANCE OF THIS AGREEMENT IS DEEMED AN AGREEMENT BETWEEN THAT ORGANIZATION AND MMIRA, AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT ORGANIZATION TO THIS AGREEMENT.
If you do not agree to all terms set forth in this Agreement, you must immediately leave and not return to our Site. Otherwise, by accessing and using our Site, you are agreeing to be bound by this Agreement.
Key Terms/Definitions
If you access our Site on behalf of an organization, that organization is included within the term “you”/“your” as used throughout this Agreement.
In this Agreement, we refer to our members and contacts and such as “Members,” and to people who use your areas of our Site without registering as “Visitors.” Members and Visitors shall be referred to together as the “Audience.”
Changes to this Agreement and our Site
We reserve the right, exercisable in our sole discretion, to revise and update this Agreement from time to time. Any such modifications are effective immediately upon posting and apply to all access to and continued use of the Site. For clarity, any amended Agreement will supersede all previous versions of the Agreement, but changes will not apply retroactively. The date that this Agreement was last updated is set forth at the top of this Agreement.
If you are a Member, in addition to posting the updated Agreement on our Site, we may notify you of changes to this Agreement or WildApricot account terms at the email address you maintain in your account. Therefore, you should keep your email address up to date.
You are bound by our changes to the Agreement. Therefore, you should review this Agreement periodically. Your continued use of our Sites after any modified Agreement is posted constitutes your acceptance of the amended Agreement.
We may add new features to the Site, remove existing features from the Site, or otherwise modify the Site and their contents (including their functionality, “look-and-feel”, universal resource locators and software components) from time to time, all without notice to you.
Your Affirmations concerning Use of This Site
It is your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws in using the Site. You are not permitted to use the Site for any illegal purpose.
If you choose to remain on any Site or later return to any Site, you affirm that:
Consequences for Unauthorized Use or Misuse of MMIRA’s Site
You agree that your right to use MMIRA’s Site will cease immediately upon your violation of any of your obligations or commitments set forth in this Agreement or upon any unauthorized use or misuse of your member account, and that MMIRA/WildApricot has total discretion to terminate your account and/or your access to its Site without further notice if you violate any of your agreements or any of the prohibitions set forth in this Agreement or any such agreement or prohibition in other applicable agreements.
Unauthorized use and misuse of MMIRA’s Site is strictly prohibited, and, depending on the circumstances, may subject you to a civil claim for damages and criminal prosecution. MMIRA reserves the right to report any breach of this Agreement or unauthorized use or misuse of the MMIRA Site to our membership account provider WildApricot and/or law enforcement authorities.
MMIRA Content
MMIRA’s Site and its entire contents, features, and functionality, including any information, graphics, code, images, artwork, text, video clip, data compilations, software, website layout and architecture, audio clip, slogans, trademark, copyright, service marks, logo, and trade names (collectively, “MMIRA Content”), all of which MMIRA/WildApricot owns or has the right to use, are protected under copyright and other applicable laws. Except as set forth in the limited license section below, or as required under applicable law, neither the copyrights, trademarks, other intellectual property, nor any portion of the Site or MMIRA Content may be used, reproduced, duplicated, copied, sold, resold, published, distributed, licensed, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Unauthorized use of the Site or MMIRA Content may violate copyright, trademark, and other laws.
If you agree to this Agreement (as well as any additional terms and conditions related to specific MMIRA Content), MMIRA grants to you a revocable, nonexclusive and limited license (without the right to sublicense) to access and use the MMIRA Site and download, print and/or copy MMIRA Content solely for your own personal use (or, if you are using any Site on behalf of an organization, for that organization’s internal business purposes) and subject to this Agreement. You acknowledge that the trade secrets and intellectual property embodied in the MMIRA Site has not been and will not be licensed or otherwise disclosed to you. You acknowledge that the HTML code MMIRA/WildApricot creates to generate the pages of the Site are protected by MMIRA/WildApricot copyrights. All rights not expressly granted in this Agreement are reserved by MMIRA/WildApricot.
You agree that unless MMIRA/WildApricot provides you with prior written authorization to do so, you will not:
Trademarks, logos and service marks (the “Marks”) displayed in or through the MMIRA Site are owned by MMIRA, WildApricot or third parties. You are prohibited from using the Marks without the prior written permission of MMIRA, WildApricot or such third party. If you would like information on how to obtain MMIRA’s permission to use MMIRA Content contact us directly.
Third Party Sites and Services
MMIRA/WildApricot may include or otherwise utilize third-party plug-ins, links and applications (“apps”) on the MMIRA Site. Such third-party plugins, links, and apps are not under the control of MMIRA/WildApricot, and MMIRA/WildApricot is not responsible for such third-party plugins, links or apps, or for any information or materials on or any transmission received from any linked services. The inclusion of a third-party plug-in, link, or app does not imply endorsement by MMIRA/WildApricot of the third party or any association of MMIRA/WildApricot with the third-party operators. WE DO NOT ENDORSE ANY THIRD-PARTY PRODUCT OR SERVICE, AND WE ARE NOT RESPONSIBLE FOR THE CONTENT OR RELIABILITY OF ANY THIRD-PARTY PRODUCT OR SERVICE. MMIRA/WILDAPRICOT PROVIDES SUCH PLUG-INS, LINKS, AND APPS FOR YOUR CONVENIENCE ONLY. YOU ACCESS SUCH PLUG-INS, LINKS, AND APPS AT YOUR OWN RISK.
Via WildApricot MMIRA may make Personify Pay services available to you. Such Personify Pay services are third party services subject to this subsection of this Agreement. Without limiting these third party service terms, such Personify Pay services are also subject to the Personify Pay Terms available at https://www.wildapricot.com/legal-center/personify-pay-terms.
Some of our Site content may be provided by third parties. MMIRA is not responsible for any such third-party content.
Privacy and Security
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your information, we cannot guarantee the security of information transmitted to our Site. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
Before using our Site, you should carefully review thePrivacy Policyto learn about personal data collected on our Site, how we process it, how we secure it, with whom we may share it, and how you may exercise any applicable data subject rights.
We have taken reasonable steps to ensure that our Site is free of computer viruses and other harmful components. Nevertheless, you should install and maintain appropriate anti-virus and other protective software on the devices from which you access and use the Site. Without limiting any other part of this Agreement, we disclaim all liability for any computer viruses or other harmful or destructive programs that you may download from the Site.
Validity of Contract, Disclaimer of Warranties, and Limitations of Liability
You warrant that you have validly entered into this Agreement and have the legal power to do so.
YOU UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, THE MMIRA CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITES, IS AT YOUR OWN RISK. MMIRA’S SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. We make no representations or warranties about the accuracy, reliability, availability, completeness, or timeliness of content on our Site or results to be achieved from using our Site.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, MMIRA SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND REGARDING THE SITE, THE CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, FREEDOMS FROM DEFECTS, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE.
MMIRA DOESNOTWARRANT THAT: (1)OUR SITE WILL MEET YOUR REQUIREMENTS; (2)OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; OR (3) ANY ERRORS WILL BE CORRECTED. WITHOUT LIMITING THE GENERALITY OF THE OTHER LIMITATIONS OF LIABILITY IN THIS AGREEMENT, IF YOUR ACCESS TO OR USE OF MMIRA’S SITE OR CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, OR LOSS OF PROFITS OR DATA, MMIRA WILL NOT BE RESPONSIBLE FOR THOSE COSTS. ANY ORAL OR WRITTEN ADVICE PROVIDED BY MMIRA OR ITS AUTHORIZED AGENTS DOES NOT AND WILL NOT CREATE A WARRANTY.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, WHICH MEANS THAT SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
If you are dissatisfied with our Site, including the content of our Site, your sole remedy is to discontinue use of our Site.
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS IN NO EVENT WILL MMIRA, ANY OF ITS SERVICE PROVIDERS, OR ANY THIRD PARTIES REFERENCED ON THE MMIRA SITE, OR ANY OF OUR OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, VOLUNTEERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS (COLLECTIVELY, THE “MMIRA PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER TYPE OF DAMAGES (INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, SUBMISSIONS, OR THE USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE MMIRA SITE AND CONTENT, WHETHER BASED IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), OR ANY OTHER LEGAL THEORY EVEN IF MMIRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE MMIRA SITES OR CONTENT. THIS DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION IS/ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, MMIRA’S MAXIMUM AGGREGATE LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO $100.
You acknowledge and agree that the above-asserted limitations of liability, together with the other provisions in this Agreement that limit liability, are essential terms and that MMIRA would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above-asserted limitations of liability.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Indemnification
You agree, at your own expense, to defend, indemnify, and hold harmless the MMIRA Parties and their respective clients, co-branders, partners, and third-party service providers, from and against all losses, liabilities, claims, actions or demands, including any money damages, expenses, costs of defense, including reasonable legal and accounting fees, brought against MMIRA by any third party arising from your use of MMIRA’s Site or your violation of any of the terms set forth in this Agreement, the rights of a third party, or applicable law. This indemnification provision does not apply to the extent prohibited by applicable law.
MMIRA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of MMIRA may be made without MMIRA’s prior written approval.
Dispute Resolution
Except for any disputes relating to intellectual property rights or obligations, or any infringement claims, all of which shall be governed by US federal law, any dispute between you and MMIRA and its agents, employees, officers, volunteers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to this Agreement and the interpretation or the breach, termination or validity thereof, shall be governed by and construed and enforced in accordance with the laws of Delaware, USA and resolved in a court of competent subject matter jurisdiction in Delaware, USA, regardless of your country of origin or where you access the Site, and notwithstanding any conflicts of law principles. MMIRA will provide notice of any such lawsuit by email to the email address you provided when you created your account or by email to an email address you have otherwise provided to MMIRA; and you must provide notice of any such suit to MMIRA by email at mmira.membership@gmail.com.
You and MMIRA agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
To the extent permitted by applicable law, regardless of any statute or law to the contrary, notice on any claim arising from or related to this Agreement must be made within one (1) year after such claim arose or be forever barred.
Your Rights and Obligations are Not Transferable
This Agreement and your rights and obligations under it are not transferable by you to any other person. We may transfer our rights and obligations to the acquirer upon any transfer or sale of all or a part of our association.
Electronic Contracting
Your affirmative act of using and/or registering for MMIRA’s Site constitutes your consent to enter into agreements with us electronically.
Geographic Restrictions/Export Controls
You acknowledge that for legal or operational reasons you may not be able to access MMIRA’s Site or Content in your jurisdiction. You are responsible for compliance with all local laws, including local laws regarding the import, export, or re-export of MMIRA Content.
MMIRA’s Site may be subject to export control laws in certain countries. You agree you will comply with such laws and regulations, and you will not, directly or indirectly, export, re-export or release MMIRA’s Site to, or make MMIRA’s Site accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You further agree you will comply with all applicable laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making MMIRA’s Site available. Additionally, by downloading any content from MMIRA’s Site, you are agreeing that you are not in a country to which such export is prohibited.
Fees and Refunds
Fees charged for using the Site are payable in the amounts and in the manner described on the Site. OurRefund Policyis also described on the Site. Fees are subject to change upon a minimum of 30 days’ notice. Such notice may be provided at any time by posting the changes to the Site. If you are a paying Member and we change the fees, we will also notify you via the newsletter and at the email address you provide in your registration information. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You shall be responsible for payment of all charges and fees imposed by payments providers for any payment you may pay through the Site. All currency references on the Site are to U.S. dollars.
Termination
At its sole discretion, without notice, MMIRA/WildApricot may modify or discontinue the MMIRA Site, or may modify, suspend, or terminate your membership account, with or without notice to you, at any time for any reason or no reason, without liability to MMIRA/WildApricot or to any third party. For example, your Account may be cancelled and your access to MMIRA’s Site denied, with or without notice, if you breach or facilitate or permit any breach or violation of this Agreement or if your account is in arrears. As another example, MMIRA/WildApricot may terminate your Account and your ability to use MMIRA’s Site, with or without notice, if MMIRA/WildApricot has reason to believe that you have provided untrue, incomplete or inaccurate information, or have otherwise failed to comply with this Agreement or any applicable Additional Terms. You agree to return or destroy any copies of any MMIRA Content you have made if we ask you to do so.
If we terminate your account for cause under this Agreement, you shall not be entitled to any refund for any remaining period under your account. Termination will not limit any of MMIRA/WildApricot’s other rights or remedies. This Agreement will expressly survive, and will still be in effect, despite any such modification, discontinuation, suspension, and/or termination.
Events Outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control.
Other Agreements
If there is any conflict between this Agreement and any other written and fully signed agreement between you or your organization and MMIRA, the latter agreement will prevail.
Claims of Copyright Infringement
MMIRA respects the intellectual property rights of others and complies with the provisions of international Copyright Acts.
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated in or through MMIRA’s Site, send your claim or notice of infringement to MMIRA at mmira.membership@gmail.com.
Your notification must include the following information:
Information For California Residents
Under California Civil Code Section 1789.3, we are required to provide California residents with the following specific consumer rights information:
MMIRA’s Site is owned by MMIRA, MIXED METHODS INTERNATIONAL RESEARCH ASSOCIATION, INC.9700 TACKLE ST. LADSON, SC 29456-6749.
Membership fees charged for the use of MMIRA membership Services are payable in the amounts and in the manner described on the Site, as set forth in the Fees and Refunds section of the Agreement.
To file a complaint regarding MMIRA’s Site or to receive further information regarding use of MMIRA’s Site, please send an email to mmira.membership@gmail.com (with “California Resident Request” as the Subject Line). You also may contact the Complaint Assistance Unit of the Division of Consumer Services of California’s Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or by telephone at 916.445.1254 or 800.952.5210.
Miscellaneous Provisions
A party’s failure to insist on the strict performance of any term of this Agreement or to exercise any right or remedy in this agreement will not be construed as a waiver of that term, right or remedy.
If any portion of this Agreement is invalid or unenforceable, the invalidity or unenforceability will attach only to that portion of the agreement, and the remainder of the Agreement will remain in full force and effect.
This Agreement will bind and benefit each party and its successors, assigns, trustees, administrators, heirs and personal representatives
Nothing contained in this Agreement will be deemed to constitute MMIRA or you as the agent or representative of the other or as joint venturers or partners.
Headings and captions are for convenience only and shall not be binding on either party.
English Language
The parties consent that the Agreement and all documents, notices and judicial proceedings entered into, given or instituted pursuant hereto, or relating directly or indirectly pursuant hereto, be in the English language. Any versions of this Agreement in any other language will be for accommodation only and will not be binding upon either party.
Questions
If you have questions about this Agreement, you can contact us:
Email MMIRA at mmira.membership@gmail.com.
Write to MMIRA via:
MIXED METHODS INTERNATIONAL RESEARCH ASSOCIATION, INC.
9700 TACKLE ST
LADSON SC 29456-6749