A. Assent to Agreement
BY USING THIS WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, ACKNOWLEDGE, AND ASSENT TO BE BOUND BY THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW (THIS “AGREEMENT”) IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS, AS IF YOU HAD HAND WRITTEN AND SIGNED YOUR NAME ON A CONTRACT.
THIS AGREEMENT IS A CONTRACT BETWEEN THE USER (“YOU”, IF THE USER IS NOT AN INDIVIDUAL, “YOU” MEANS YOUR COMPANY, ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS) AND THE EYE-BANK FOR SIGHT RESTORATION, INC. (“THE EYE-BANK FOR SIGHT RESTORATION”) AND GOVERNS ALL TRANSACTIONS BETWEEN YOU AND EBFSR, AS WELL AS YOUR USE OF THIS WEBSITE (THE “WEBSITE”). BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND EXPRESSLY ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE OR DOWNLOAD MATERIALS FROM THIS WEBSITE.
B. Your Use of this Website.
You may access, display, and copy the materials on this Website for personal, private, non-commercial use only, subject to the requirements set forth in this Agreement. All rights not expressly granted herein are reserved. Except as otherwise permitted in writing by The Eye-Bank for Sight Restoration, you may not, and you may not assist others to, copy, reproduce, upload, post, transmit, distribute, modify, remove, delete, augment, add to, publish, mirror, frame, sell, create derivative works from, or in any way exploit any of the content on this Website, in whole or in part.
You agree that (i) you will use this Website in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement; (ii) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from The Eye-Bank for Sight Restoration for any purpose; (iii) you will not use this Website to harass, intimidate, or threaten any person, send spam or unwanted messages, or post pornography, adult-oriented, derogatory or violent materials, and (iv) you will not disrupt, interfere with any person’s access to or use of use of this Website in any way, including any security breach or attack without limitation, viruses, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
C. Intellectual Property
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Materials”) is the property of The Eye-Bank for Sight Restoration or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All such content is copyrighted as a collective work under the United States copyright laws (17 U.S.C. § 101, et. seq.) and international treaty provisions, and The Eye-Bank for Sight Restoration owns a copyright in the selection, coordination, arrangement, and enhancement of such content. All software used on this Website is the property of The Eye-Bank for Sight Restoration or its software suppliers and is protected by United States and international copyright laws. All trademarks, names, and logos mentioned on this Website are the property of their respective owners. Your use of any The Eye-Bank for Sight Restoration trademark without the express written consent of The Eye-Bank for Sight Restoration is strictly prohibited.
D. Disclaimer of Warranties
Neither The Eye-Bank for Sight Restoration, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, or licensors (collectively, “Providers”) makes any warranty as to the results that may be obtained from the use of this Website, or as to the accuracy, completeness, reliability, security or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, The Eye-Bank for Sight Restoration does not warrant the reliability of any advice, opinion, statement or other information displayed or distributed through this Website. The Eye-Bank for Sight Restoration may make any other changes to this Website, the Materials and the products, programs, services or prices (if any) described in this Website at any time without notice.
THIS WEBSITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS WEBSITE ARE PROVIDED BY THE EYE-BANK FOR SIGHT RESTORATION ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. THE EYE-BANK FOR SIGHT RESTORATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THE EYE-BANK FOR SIGHT RESTORATION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTION LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
E. Limitation of Liabilities
YOU AGREE THAT THE EYE-BANK FOR SIGHT RESTORATION AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THIS WEBSITE, OR THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL THE EYE-BANK FOR SIGHT RESTORATION OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN ANY WAY RELATED TO THIS WEBSITE OR THE MATERIALS, CONTENT OR INFORMATION ON THIS WEBSITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE, YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER THE EYE-BANK FOR SIGHT RESTORATION OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless The Eye-Bank for Sight Restoration, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your use of this Website, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
G. Your Information and Your Privacy
If you post any messages, photographs, audio or video files or other data or information on this Website, you agree to grant, and shall be deemed to have automatically granted to The Eye-Bank for Sight Restoration an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license in and through any medium or technology, digital or analogue, now known or later developed, to: (i) use, copy, perform, display and distribute such information and content; (ii) modify, alter, prepare derivative works of, and/or incorporate into other works, such information and content; and (iii) grant and authorize sublicenses of the foregoing. You represent and warrant that you have the right, power and authority to grant the foregoing license and you agree to release, discharge and agree to hold harmless The Eye-Bank for Sight Restoration from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of such materials, including any claims of infringement of any rights of publicity or rights of privacy.
You acknowledge, consent and agree that The Eye-Bank for Sight Restoration may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted messages, photographs, audio or video files or other data or information in order to: (1) comply with any applicable law, regulation, legal process, or governmental request; (2) respond to claims regarding the violation of the rights of third parties, including intellectual property rights; (3) enforce this Agreement and investigate potential violations thereof; (5) detect, prevent, or otherwise address fraud, security, or technical issues; (5) respond to your requests for customer service; or (6) protect the rights, property, or personal safety of The Eye-Bank for Sight Restoration, its users, or the public.
H. Dispute Resolution
At The Eye-Bank for Sight Restoration’s option, any dispute relating in any way to your use of this Website may be submitted to confidential arbitration in New York, New York. Furthermore, in the case of any such dispute, The Eye-Bank for Sight Restoration may commence litigation, including seeking injunctive or other appropriate relief, in any state or federal court in the state of New York or any state where you reside, and you irrevocably consent to exclusive jurisdiction and venue in such courts. Any arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
I. Hyperlink Disclaimer
As a convenience to you, The Eye-Bank for Sight Restoration may provide, on this Website, links to websites operated by other entities (collectively the “Linked Sites”). If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites are not maintained, controlled or otherwise governed by The Eye-Bank for Sight Restoration. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by The Eye-Bank for Sight Restoration. The Eye-Bank for Sight Restoration does not endorse, make any representations regarding or warrant any information, goods and/or services appearing and/or offered on any Linked Site, other than linked information authored by The Eye-Bank for Sight Restoration. Links do not imply that The Eye-Bank for Sight Restoration or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of The Eye-Bank for Sight Restoration or any of its affiliated or subsidiaries. Except for links to information authored by The Eye-Bank for Sight Restoration, The Eye-Bank for Sight Restoration is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) and website(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. The Eye-Bank for Sight Restoration reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the web masters of any Linked Sites concerning any information, goods and/or services appearing thereon.
J. Choice of Law and Venue
This Website is controlled, operated and administered by The Eye-Bank for Sight Restoration from it offices within the state of New York, United States of America. The Eye-Bank for Sight Restoration makes no representation that materials at this Website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use this Website or export the Materials in violation of United States export laws and regulations. If you access this Website from locations outside of the United States, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. This is the case regardless of whether you reside or transact business with The Eye-Bank for Sight Restoration in New York or elsewhere.
K. Entire Agreement
This Agreement constitutes the entire agreement between The Eye-Bank for Sight Restoration and you with respect this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and The Eye-Bank for Sight Restoration with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
L. Modifications to Agreement
THE EYE-BANK FOR SIGHT RESTORATION MAY REVISE THIS AGREEMENT AT ANY TIME AND YOU AGREE TO BE BOUND BY THE REVISED AGREEMENT. IT IS YOUR RESPONSIBILITY TO RETURN TO THIS AGREEMENT FROM TIME TO TIME TO REVIEW THE MOST CURRENT TERMS AND CONDITIONS. Any such revisions will become effective upon the date they are first posted to this Website. The Eye-Bank for Sight Restoration does not and will not assume any obligation to notify you of revisions to this Agreement. This Agreement shall supercede any prior or subsequent terms or conditions included with any communications or agreements, whether or not such terms or conditions are signed by The Eye-Bank for Sight Restoration.
M. Our Policy Concerning Children
The Eye-Bank for Sight Restoration’s services are not intended for use by children. You may not use this Website if you are under 13. If you are less that the age of legal majority in the jurisdiction where you reside, you may not use this Website without the consent and participation of your parent or legal guardian.
N. Electronic Communications and Electronic Signatures
YOU AGREE TO BE BOUND BY ANY AFFIRMATION, ASSENT OR AGREEMENT YOU TRANSMIT THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CONSENT YOU GIVE TO RECEIVE COMMUNICATIONS FROM THE EYE-BANK FOR SIGHT RESTORATION SOLELY THROUGH ELECTRONIC TRANSMISSION. YOU AGREE THAT, WHEN IN THE FUTURE YOU CLICK ON “I AGREE,” “I CONSENT” OR OTHER SIMILARLY WORDED “BUTTON” OR ENTRY FIELD WITH YOUR MOUSE, KEYSTROKE OR OTHER COMPUTER DEVICE, YOUR AGREEMENT OR CONSENT WILL BE LEGALLY BINDING AND ENFORCEABLE AND THE LEGAL EQUIVALENT OF YOUR HANDWRITTEN SIGNATURE.