Terms Of Use

The National Keratoconus Foundation (“NKCF”) maintains this website (the “Site”) to provide you with information about NKCF and its affiliates. By accessing and using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

NKCF reserves the right, at our discretion, to update or revise these Terms of Use at any time. You should check these Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.

As a condition of your use of the Site, you warrant to NKCF that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. NKCF reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and NKCF as a result of this agreement or use of the Site. NKCF’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NKCF’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NKCF with respect to such use.

CONTENT

The Site and all content contained on the Site, including, but not limited to, text, images, photographs, designs, sounds and computer code (collectively, the “Content”) is owned, controlled or licensed by or to NKCF, and is protected by copyright and other intellectual property rights. Except as expressly provided in these Terms of Use, no Content may be copied, reproduced, republished, framed, hyperlinked, uploaded, posted, transmitted or distributed in any way without NKCF’s express prior written consent. You may use information made available for downloading from the Site for your personal, non-commercial use only, provided you do not remove any copyright or other proprietary notices.

PRIVACY

Your use of the Site is also subject to NKCF’s Privacy Statement.

LINKS TO OTHER SITES

The Site may contain links to other independent third-party websites. Such links are provided solely as a convenience to users of our Site. NKCF does not control, is not responsible for, and does not endorse the content of such third-party sites.

TRADEMARKS

The trademarks, logos and service marks displayed on the Site are registered or unregistered trademarks of NKCF. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site without the written permission of NKCF.

GOVERNING LAW AND LIMITATIONS

You agree that the laws of the state of California, without regard to conflicts of laws provisions, shall govern these Terms of Use and all matters relating to your access to or use of the Site, including any dispute that may arise between you and NKCF or its affiliates. You agree to the personal jurisdiction and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use or otherwise relating to your access to or use of the Site must be brought within one (1) year after the cause of action arises, or such claim or cause is barred.

MISCELLANEOUS

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be void, unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between you and NKCF with regard to your use of the Site, and supersede all prior and contemporaneous representations, communications, agreements and understandings between you and NKCF with respect to the subject matter hereof. These Terms of Use cannot be modified or supplemented except in a writing expressly stated for such purpose and signed by you and NKCF. NKCF’s failure to insist upon strict performance of any provision of these Terms of Use or to exercise any right arising out of these Terms of Use shall not constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance.

LIABILITY DISCLAIMER. The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to information herein. DEF may make improvements and/or changes in the site at any time. Any advice received via the site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. DEF makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “AS IS” without warranty or condition of any kind. DEF hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall DEF be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if DEF has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.