TERMS OF USE

PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING THE CENTER FOR SIGHT & HEARING’S (“CENTER”) WEBSITE. YOUR USE OF THE CENTER’S WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS COPYRIGHT STATEMENT AND TERMS OF USE (COLLECTIVELY REFERRED TO AS “TERMS OF USE”). IF YOU DO NOT ACCEPT THIS TERMS OF USE, DO NOT USE THE CENTER’S WEBSITE.

The Center reserves the right to modify this Terms of Use without notice. Any modifications are effective when posted on the Center’s website. The Center may, at any time, in its discretion terminate your access to the Center’s website. Access to the website is monitored by the Center. If you access this website as a representative of an organization, both you individually and the organization that you represent are bound to this Terms of Use.  References to “you” and “your” are construed to apply to you individually and the organization you represent.

All materials, information and publications (collectively, “content”) placed on the Center’s online properties are copyright protected.  The Center consents to normal downloading, copying and distribution of content for non-commercial use by you or within your organization only. In consideration of this consent, you agree that copies of the content will retain all copyright and other proprietary notices and that you will not modify the content in any way. Exception: where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any Center “content”, in whole or in part, without the prior written consent from the Center for Sight & Hearing.

Conditions of Use

You will not use the Center’s Website or the Center’s content for any purpose that is unlawful or prohibited by this Terms of Use. You will not use the Center’s Website in any manner that could damage, disable, overload or impair the operation or use by third parties.

Certain restricted information is available on the Center’s Website only to registered users. Protected User  information is secured and restricted via passwords.  Protected User information is considered confidential and proprietary information of the Center. If you are a registered User or a representative of a registered User, you are authorized to download, copy, distribute and use the restricted information for yourself or, if applicable, for the registered User you represent only.   You will NOT transfer your password to unauthorized parties. You will immediately notify the Center of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any content or secured area within the Center’s Website.

Certain information available on this Website is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the originating party.  The Center has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. Nor is the inclusion of such content an endorsement of another party, their products or their services.

You may link to the Center’s home page, but are not authorized to link to any other page on the Center’s Website without the prior express written consent of the Center.  The Center reserves the right to withdraw this consent at any time in its discretion. You may not use any of the Center’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You can not link in any manner to the Center’s Website to 1) imply affiliation with or endorsement or sponsorship; 2) cause confusion, mistake, or deception; 3) dilute trademarks, service marks or trade names; or 4) otherwise violate applicable law.

The Center’s Website content may refer to products, programs or services that are not available in your area. Contact the Center for information about the Center’s products, programs and services that may be available to you.

The Center is not liable for any loss or liability resulting, directly or indirectly, from the following.  Nor is the Center responsible to restore access to this Website during such interruptions.

  • delays or interruptions due to electronic or mechanical equipment failures,
  • denial of service attacks,
  • date data processing failures,
  • telecommunications or Internet problems,
  • utility failures or problems,
  • defects,
  • natural disasters
  • strikes and/or walkouts,
  • riots, armed conflicts, acts of war and/or
  • other like causes beyond the reasonable control of the Center.

The Center may discontinue providing access to this Website at any time.

Limitation of Liability

All information on the Center’s online properties is provided “as is” and without warranty or condition of any kind, expressed or implied, including those regarding the accuracy or completeness of the information, warranties of merchantability, fitness for a particular purpose, title, non-infringement and those arising from a course of dealing, usage or trade practice.

MATERIAL PROVIDED ON THE CENTER’S ONLINE PROPERTIES IS INTENDED FOR INFORMATION USE ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS ABOUT YOUR HEALTH, PLEASE CONTACT YOUR HEALTH PROVIDER.

Take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

IN NO EVENT IS THE CENTER OR MEMBER OF THE CENTER LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS SITE OR ANY SITE LINKED TO WWW.CENTERFORSIGHTHEARING.ORG. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF THE CENTER IS LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THE CENTER’S ONLINE PROPERTIES OR ANY WEBSITE CONTENT WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.

Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above may not apply to you.

You agree to release, defend, indemnify and hold the Center harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Center’s Website content or online properties.

Export and Trade Controls

You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Website or any Website content provided on or pursuant to this Website except in full compliance with all United States, foreign and other applicable laws and regulations.

Submissions

Any information, material or idea you submit to the Center’s online properties by any means will be treated as non-confidential and non-proprietary. Submissions may be used by the Center and its affiliates for any purpose whatsoever, including without limitation the development and/or provision of products and services. All personal data will be used by the Center in accordance with its Privacy Policy. You will not submit or transmit any defamatory, libelous, obscene, unlawful, or pornographic material or any other material or information which could result in any civil or criminal liability.

Severability

If any provision of these Terms of Use are found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce these Terms of Use.