IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THIS WEB SITE.
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 Web site for any reason. The term "Web site" refers to americanglaucomasociety.net and any AGS-affiliated Web site. The term “Web site Content” refers to any content on the Web site.
2. Members Are Responsible For Your Own 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 password. You agree to immediately notify the AGS of any unauthorized use of your registration or password by an email to ags@AGS.org.
3. You Will Follow All Laws That Apply to Your Use of This Web site. You agree that you will not use this Web site in order to transmit, distribute, store or destroy material, including without limitation Web site 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 Accept a Limited License. The AGS grants you a limited license to download the downloadable Web site Content on this Web site solely for your personal, noncommercial use. If you violate any provision of these TOS, your license to use such Web site Content terminates and you must immediately destroy any copies you have made of any portion of the Web site Content.
5. You Agree to These Restrictions On Your Use of This Web site:
A. Content: You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Web site Content on any copy you make of the Web site Content. You may not sell or modify the Web site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web site Content in any way for any public or commercial purpose. The use of the Web site 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 AGS creates to generate any Web site Content or the pages making up any AGS Site.
B. Security and Integrity: You are prohibited from violating or attempting to violate the security of this Web site, 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 Web site, 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.
6. You Agree That the AGS Is Not Liable For Your Use of this Web site
A. No Warranty. ALL INFORMATION MATERIALS, PRODUCTS AND SERVICES CONATAINED ON THIS WEB SITE OR PROVIDED THROUGH THIS WEB SITE, 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, AGS 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 AGS NOR ANY OF ITS MANAGERS, 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 AGS NOR ANY OF ITS MANAGERS, 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 WEB SITE, THE INABILITY TO ACCESS THIS WEB SITE OR USE OF ANY MATERIAL, INFORMATION OR SERVICES, OR PRODUCTS, CONTAINED ON, OR OBTAINED THROUGH THIS WEB SITE.
C. Links to Other Sites. This Web site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the AGS of the contents on such third-party Web sites. The AGS 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 Web sites. If you decide to access linked third party Web sites, you do so at your own risk.
7. DISCLAIMER OF MEDICAL LIABILITY: You understand and agree that AGS does Not Provide Medical Advice or Endorsements.
A. This Web site Does Not Provide Medical Advice. Unless explicitly stated otherwise, all content on this Web site is the opinion or information of its author, not the AGS. This Web site 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 WEB SITE IS AT YOUR OWN RISK. AGS 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 AGS Does Not Recommend or Endorse the Products or Services of Others. The AGS does not recommend or endorse any specific tests, drugs, devices, products, services, physicians, or medical institutions that may be mentioned or referenced on this Web site. Any advertisers who purchase banners or otherwise support AGS and this Web site 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.
8. You Agree that AGS Can Terminate Your Account. AGS reserves the right to refuse service and terminate accounts, including, but not limited to, if AGS believes user conduct violates applicable law or is harmful to the interests of AGS, its members, partners, suppliers, affiliates or other users, or for any other reason at AGS's sole discretion, with or without cause.
9. 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 Web site 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 AGS, its officers, directors, staff, 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 AGS Web site 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 AGS on this Web site 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 AGS on this Web site 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 Web site 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: AGS 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 Web site, please contact us at AGS@aao.org, or by post at American Glaucoma Society, 655 Beach St., San Francisco, CA 94109.