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American Macular Degeneration Foundation (“AMDF”)

 Terms of Service

Disclaimers

AMDF PROVIDES THIS SITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:

1.         WELCOME

            Thank you for visiting our website (“Site”). The Site is provided by American Macular Degeneration Foundation (“AMDF”) of P.O. Box 515, Northampton, Massachusetts 01061-0515, United States.

            By using the Site, you are agreeing to be legally bound by these terms.

2.         USING OUR SITE

            We hope that the information on the Site is helpful to you. You may not copy or download any content or images from the Site.

            Using our Site does not give you ownership of any intellectual property rights in the content of the Site. You may not use content from our Site unless you obtain permission from AMDF. These terms do not grant you the right to use any branding or logos on the Site. Don’t remove, obscure, or alter any Legal Notices displayed on the Site.

            In connection with your use of the Site, we may send you announcements, administrative messages, and other information. You agree to comply with these communications. You may opt out of some of those communications if given the choice.

            The Site may be available on mobile devices. Do not use the Site in a way that distracts you and prevents you from obeying traffic or safety laws.

3.         COPYRIGHT PROTECTION AND PRIVACY

            All pages within the Site are the property of AMDF. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of AMDF. The content on the Site has been published by AMDF with permission and subject to strict guidelines.

            We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

            AMDF’s Privacy Policies explain how we treat your personal data and protect your privacy when you use the Site. By using the Site, you agree that AMDF can use such data in accordance with our privacy policies.

4.         TRADEMARK NOTICE

            “AMDF” and the “The Vision and Art Project” are trademarks and service marks of AMDF. All other trademarks, service marks and logos used on the Site are the trademarks, service marks or logos of their respective owners. You may not use our brand or trademarks without express written permission.

5.         WARRANTIES AND DISCLAIMERS

            We provide the Site using a commercially reasonable level of proficiency, skill and care. We hope that you will enjoy using the Site and that it will provide you with information and enlightenment. However, we do not make certain warranties about the Site.

THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THEM OR ANY SITE-RELATED SERVICE, ARE PROVIDED “AS IS” WITH NO REPESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SITE-RELATED SERVICES.

AMDF, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICESAND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. YOU ASSUME THE RISK OF USE OF THE SITE. YOU ARE RESPONSIBLE FOR YOUR RELIANCE ON THE SITE TO YOUR DETRIMENT.

            Although AMDF attempts to ensure the integrity and accurateness of the information on the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and stale or outdated information. In the event that you are aware of any such error or inaccuracy please inform AMDF so that it can be corrected.

7.         LIABILITY FOR OUR SITES

WHEN PERMITTED BY LAW, AMDF AND ITS AFFILIATES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF AMDF AND ITS AFFILIATES FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, AMDF AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

            If you are using our Site on behalf of a business, that business accepts these terms. It will hold harmless and indemnify AMDF and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Site or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.                  

8.         CHOICE OF LAW

This Agreement is entered into in the Commonwealth of Massachusetts and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Hampshire in the Commonwealth of Massachusetts, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

9.         MODIFICATIONS TO TERMS AND CONDITIONS

            We may modify these terms or any additional terms that apply to the Site to, for example, reflect changes to the law or changes to the Site. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective immediately. If you do not agree to the modified terms, you should discontinue your use of the Site.

            If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

                                    I ACCEPT                              I DO NOT ACCEPT