Terms of Service
BY USING THIS WEBSITE YOU ARE AGREEING THAT YOU HAVE READ THESE TERMS OF SERVICE AND THAT YOU AGREE TO THEM. IF YOU DO NOT AGREE, YOU MAY NOT USE THIS WEBSITE 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 this website for any reason. The term "Website" refers to [email protected] and any AUPO-affiliated website. The term “Website Content” refers to any content on the Website.
2. You Are Responsible For Your Own Registration and Password. 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 the AUPO of any unauthorized use of your registration or password by an email to [email protected].
3. You Will Follow All Laws That Apply to Your Use of This Website. You agree that you will not use this Website 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 the AUPO or Others.
A. Copyrights: All of the content of this Website, including text, art, graphics, logos, buttons, images, pictures, audio clips, software, and code is the property of AUPO, 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 AUPO.
B. Trademarks: All trademarks, trade names logos, brand names and service marks of AUPO, whether registered or unregistered, are the property of AUPO and are protected by the US and international trademark laws. These trademarks include, without limitation, AUPO, AUPO FCC, ASSOCIATION OF UNIVERSITY PROFESSORS OF OPHTHALMOLOGY, ASSOCIATION OF UNIVERSITY PROFESSORS OF OPHTHALMOLOGY FELLOWSHIP COMPLIANCE COMMITTEE, JOA, JOURNAL OF ACADEMIC OPHTHALMOLOGY. Except as set forth in the Limited License below, any use of these assets is prohibited without the express prior written consent of AUPO. In no event may any such assets be used in connection with any product or service that is not the AUPO'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 the AUPO. All other trademarks, trade names, brand names or logos appearing on this Website are the property of their respective owners.
5. You Accept a Limited License. The AUPO grants you a limited license to download the downloadable Website Content on this Website solely for your personal, noncommercial use. If you violate any provision of these TOS, your license to use such Website Content terminates and you must immediately destroy any copies you have made of any portion of the Website Content.
6. You Agree to These Restrictions On Your Use of This Website:
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 website or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the AUPO creates to generate any Website Content or the pages making up any AUPO Site. It is also protected by the AUPO’s copyright.
B. Security and Integrity: You are prohibited from violating or attempting to violate the security of this Website, 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 the AUPO Is Not Liable For Your Use of this Website
A. No Warranty. ALL INFORMATION MATERIALS, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE OR PROVIDED THROUGH THIS WEBSITE, 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, AUPO 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 AUPO 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 AUPO 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 THIS WEBSITE, THE INABILITY TO ACCESS THIS WEBSITE OR USE OF ANY MATERIAL, INFORMATION OR SERVICES, OR PRODUCTS, CONTAINED ON, OR OBTAINED THROUGH THIS WEBSITE.
C. Links to Other Sites. This Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the AUPO of the contents on such third-party Websites. The AUPO 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 AUPO does Not Provide Medical Advice or Endorsements.
A. This Website Does Not Provide Medical Advice. Unless explicitly stated otherwise, all content on this website is the opinion or information of its author, not the AUPO. This website is 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.
RELIANCE ON ANY INFORMATION ON THIS WEBSITE IS AT YOUR OWN RISK. AUPO 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. The AUPO Does Not Recommend or Endorse the Products or Services of Others. The AUPO does not recommend or endorse any specific tests, drugs, devices, products, services, physicians, or medical institutions that may be mentioned or referenced on this Website. Any advertisers who purchase banners or otherwise support AUPO and this Website 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 AUPO Can Terminate Your Account. AUPO reserves the right to refuse service and terminate accounts, including, but not limited to, if AUPO believes user conduct violates applicable law or is harmful to the interests of AUPO, its members, partners, suppliers, affiliates or other users, or for any other reason at AUPO'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 Website to either a foreign national or a foreign destination in violation of such laws.
C. Indemnification: You agree to indemnify, defend, and hold harmless AUPO, 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 account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing AUPO Website using your account.
E. Waiver: Our failure to exercise or enforce any right or provision of the Terms of Service or other legal notices posted by AUPO on this Website 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 AUPO on this Website 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 this Website 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: AUPO 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 this Website, contact us at [email protected], or by post at AUPO, 655 Beach St., San Francisco, CA 94109.