Terms of ServiceThe Foundation of the American Academy of Ophthalmology ("FAAO"), referred to here as "EyeCare America" or "ECA", is a public service foundation of the American Academy of Ophthalmology. It is a 501(c) (3) nonprofit corporation. The following Terms of Service applies to the EyeCare America ("ECA") site, www.eyecareamerica.org, and any other sites sponsored and maintained by FAAO, collectively referred to as the "ECA Websites".
Terms of Service
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THE ECA WEBSITES AND YOU MAY NOT REGISTER AS A USER.
1. You Understand and Agree to these Definitions: The terms "You" and "User" as used here refer to all individuals and/or entities accessing the ECA Websites for any reason.
2. You Are Responsible For Your Own Registration and Password. If you are on a portion of the site that calls for registration, you are responsible for maintaining the confidentiality of your information and password. You agree that you will not let anyone other than you use your registration or password. You agree to immediately notify ECA of any unauthorized use of your registration or password by an e-mail to ECA@aao.org.
3. You Will Follow All Laws That Apply to Your Use of the ECA Websites. You agree that you will not use the ECA Websites in order to transmit, distribute, store or destroy material, including without limitation Website Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
4. You Will Not Violate the Copyrights, Trademarks or Intellectual Property Rights of ECA or Others.
A. Copyrights: All of the content of the ECA Websites, including text, art, graphics, logos, buttons, images, pictures, audio clips, software, and code is the property of ECA, our partners or content providers and is protected by US and international copyright laws. Except as granted in the Limited License below, any other use of such content, including modification, transmission, presentation, distribution or re-publication is PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF ECA.
B. Trademarks: All trademarks, trade names logos, brand names and service marks, whether registered or unregistered, are the property of ECA, FAAO, or AAO unless otherwise indicated and are protected by the US and international trademark laws. These trademarks and service marks include, without limitation, the following: American Academy of Ophthalmology, AAO, AAO Design, Academy MOC Essentials, American Academy of Ophthalmic Executives, The Eye M.D. Association, American Academy of Vision, Animal Eyes, Art and Vision: Seeing in 3-D, Discover Your Eye Q!, EyeCare America, EyeNet, Eye-OMD, EyeOrbit, ICODE, Neon, International Society of Refractive Surgery, ISRS, ISRS/AAO, Leo & Design, Leo Lifelong Learning for the Ophthalmologist, Museum of Vision, National Eye Care Project, NECP, Ophthalmology, Ophthalmology World News, Preferred Practice Pattern, Provision, Provision Interactive, Under Pressure.
Except as set forth in the Limited License below, any use of these assets is prohibited without the express prior written consent of ECA. In no event may any such assets be used in connection with any product or service that is not the ECA's, in any matter likely to cause confusion as to the source of the product or service or in any matter that discredits, disparages or misrepresents ECA. All other trademarks, trade names, brand names or logos appearing on the ECA Websites are the property of their respective owners.
5. You Accept a Limited License. ECA grants you a limited license to download the material on the ECA Websites solely for your personal, noncommercial use. If you violate any provision of these TOS, your license to use such material terminates and you must immediately destroy any copies you have made of any portion of the material.
6. You Agree to These Restrictions On Your Use of The ECA Websites.
A. Content: You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Website Content on any copy you make of the Website Content. You may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose. The use of the Website Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the ECA creates to generate any Website Content or the pages making up any ECA Site. It is also protected by the ECA's copyright.
B. Security and Integrity: You are prohibited from violating or attempting to violate the security of the ECA Websites, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
7. You Agree That Eyecare America Is Not Liable For Your Use of the ECA Websites.
A. No Warranty. ALL INFORMATION MATERIALS, PRODUCTS AND SERVICES CONATAINED ON THE ECA WEBSITES OR PROVIDED THROUGH THE ECA WEBSITES, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, COOKIES OR DOCUMENTS, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECA AND ITS CONTENT PROVIDERS, SUPPLIERS AND AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS STRAINS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
B. Limitation of Liability. IN NO EVENT SHALL ECA NOR ANY OF ITS MANAGERS, EMPLOYEES, SUPPLIERS, AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE PURCHASE PRICE FOR THE PRODUCT OR SERVICE, OR, IF NO PURCHASE PRICE WAS PAID OR CHARGED, THE SUM OF $100.00. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ECA NOR ANY OF ITS MANAGERS, EMPLOYEES, SUPPLIERS, AFFILIATES OR AGENTS BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOST PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION OR CLAIM INCLUDING BUT NOT LIMITED TO CLAIMS FOR NEGLIGENCE, BREACH OF CONTRACT, OR TORT, OR IN ANY WAY CONNECTED WITH USE OF THE ECA WEBSITES, THE INABILITY TO ACCESS THE ECA WEBSITES OR USE OF ANY MATERIAL, INFORMATION OR SERVICES, OR PRODUCTS, CONTAINED ON, OR OBTAINED THROUGH THE ECA WEBSITES.
C. Links to Other Sites. The ECA Websites contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by ECA of the contents on such third-party Web sites. ECA is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Websites. If you decide to access linked third party Websites, you do so at your own risk.
8. DISCLAIMER OF MEDICAL LIABILITY: You understand and agree that ECA does Not Provide Medical Advice or Endorsements.
A. ECA Websites Do Not Provide Medical Advice. Unless explicitly stated otherwise, all content on the ECA Websites is the opinion or information of its author, not Eyecare America. The ECA Websites are not a substitute for medical advice. Always contact your own eye doctor or other professional healthcare provider if you have a question concerning your or your family's health. FOR SYMPTOMS, QUESTIONS AND MEDICAL ADVICE SEE YOUR EYE M.D.!
RELIANCE ON ANY INFORMATION ON THE ECA WEBSITES IS AT YOUR OWN RISK. ECA IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, DRUG AND DEVICE APPLICATION OR OTHER INFORMATION, SERVICES, OR PRODUCTS THAT YOU OBTAIN THROUGH THIS SITE.
B. ECA Does Not Recommend or Endorse the Products or Services of Others. Eyecare America does not recommend or endorse any specific tests, drugs, devices, products, services, physicians, or medical institutions that may be mentioned or referenced on the ECA Websites. Any advertisers who purchase banners or otherwise support ECA Websites have no influence on the editorial content or presentation and any such advertisements are not implied or express endorsements of any product, service, or company
9. You Agree that ECA Can Terminate Your Account. ECA reserves the right to refuse service and terminate accounts, including, but not limited to, if ECA believes user conduct violates applicable law or is harmful to the interests of ECA, its, partners, suppliers, affiliates or other users, or for any other reason at ECA's sole discretion, with or without cause.
10. You Understand and Agree to the Following General Legal Provisions:
A. Governing Law and Jurisdiction: These Terms of Service will be governed by California law for all purposes, including Website and services use and product purchases, without regard to or application of choice of law rules or principles. You hereby consent to the jurisdiction and venue of the courts of California.
B. Export Laws: The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any materials or information derived from the Web site to either a foreign national or a foreign destination in violation of such laws.
C. Indemnification: You agree to indemnify, defend, and hold harmless ECA, its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any claims, actions or demands, liabilities, and settlements, including but not limited to, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of these TOS or any activity related to your use (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you.
E. Waiver: Our failure to exercise or enforce any right or provision of the Terms of Service or other legal notices posted by ECA on the ECA Websites shall not constitute a waiver of such right or provision. No waiver of any of these Terms of Service or of any other legal notices posted by ECA on the ECA Websites shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
F. Severability: If any provision of the TOS or of any other legal notices posted on the ECA Websites 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 TOS should remain in full force and effect.
G. Assignment: ECA may assign its rights and duties under this Agreement to any party at any time without notice to you and/or your approval.
H. Headings: The section titles in this TOS Agreement are for convenience only and have no legal or contractual effect.
I. Notices: If you have questions or comments regarding the ECA Websites, please contact us at ECA@aao.org, or by post at Legal Department, 655 Beach San Francisco, CA 94109 © 2007 Foundation of the American Academy of Ophthalmology