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Terms
& Conditions
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”)
AS WELL AS THOSE CONTAINED IN THE SEPARATE WEBSITE PRIVACY POLICY GOVERN YOUR USE OF THIS SITE ON THE WORLDWIDE WEB AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR UNDERSTANDING OF AND AGREEMENT TO EACH OF THE TERMS AND CONDITIONS SET FORTH
BELOW:
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Site
User Restrictions
All information and materials on this Site, including but not limited to, text, trademarks, logos, graphics and images (the “Materials”), are the copyrighted works and other forms of intellectual property of NYEEI or third parties who have authorized use of the Materials on this Site, unless otherwise provided in respect to specific areas or Materials on the Site. Unless otherwise provided in respect to specific areas or materials on the Site, NYEEI grants you only the limited license to display the Materials on your personal computer or personal wireless device, and to copy and download such Materials, provided that: (1) any copyright , trademark or other notice appearing on such Materials is also retained by, displayed, copied or downloaded as part of the Materials, and is not removed or obscured, and (2) such display, copy or download is used solely for your personal information. Such Materials may not be distributed, transmitted, displayed or broadcast in any manner or for any purpose. You acknowledge and agree, that you have no right to nor will you modify, edit, alter or enhance any of the Materials in any manner. This limited right terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited right of display, User agrees to immediately erase or otherwise destroy any downloaded and printed Materials. Except as expressly stated herein, you acknowledge that you have no legal right, title or interest in or to the Materials other than a limited right of display.
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Security
Passwords
If requesting a password, you agree that you are entirely responsible for maintaining the confidentiality of your password. You agree to immediately notify NYEEI if your password is lost, stolen, disclosed to an unauthorized third party or otherwise may have been compromised. You agree to immediately notify NYEEI of any other breach of security in respect to the NYEEI site that is known to you. You agree that you are entirely responsible for any and all activities and information supplied by you using your password, whether or not you are the individual or organization who undertakes such activities.
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User
Information
You agree that you are responsible for any information that you supply to the NYEEI site and that NYEEI acts as a passive conduit for online distribution and publication of such information. However, NYEEI may, on its own initiative, take any action with respect to such information if NYEEI believe it may create liability for NYEEI or may cause NYEEI to lose in whole or in part the services of its Internet Service Provider (ISP) or other suppliers, as NYEEI may determine in its sole discretion.
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Links
to Other Sites
There may be links established between this Site and other sites on the World Wide Web or Internet which are not under the control of or maintained by
NYEEI. Such links do not necessarily constitute an endorsement by NYEEI of those sites. NYEEI undertakes no obligation to mon
itor such sites, and User agrees that NYEEI is not responsible for the content of such sites or any technical or other problems associated with any such third-party Site, links or usage. You further agree that in the event that you establish a link from any other site to the Site, you will immediately discontinue such link upon receiving written notice from NYEEI of its objection to any such link.
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Disclaimer
of Warranties
You as a User of the Site, acknowledge and agree that NYEEI has no liability for any errors or omissions in the Site, including in the Materials, whether provided by NYEEI or third parties. You further acknowledge and agree that NYEEI makes no warranty or representation of any kind as to the availability of the Site or any portion thereof, that the Site or portions thereof may be inaccessible for various time periods (whether due to Internet service provider problems or otherwise), and that NYEEI shall have no liability for any unavailability of or inaccuracy in the Site or the Materials.
User will bear all risk associated with any content that you access. User accessing of any content made available by or through NYEEI and third parties is subject to your agreement to this provision and these Terms and Conditions.
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Disclaimer
NYEEI DOES NOT PURPORT TO OFFER ANY MEDICAL, PSYCHOLOGICAL, THERAPEUTIC OR OTHER PROFESSIONAL ADVICE TO USERS. PLEASE SEEK THE ADVICE AND INDIVIDUAL COUNSELING Of PROFESSIONALS (PHYSICIANS, THERAPISTS, PERSONAL ADVISORS, ETC.), AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINIONS, ADVICE OR OTHER CONTENT.
THIS SITE AND ALL SERVICES PROVIDED THROUGH IT ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, NYEEI DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THIS SERVICE. NYEEI DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. NYEEI SIMILARLY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL.
UNDER NO CIRCUMSTANCES SHALL NYEEI BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND/OR RELIANCE ON THE SITE OR ITS ASSOCIATED PRODUCTS AND SERVICES. USER EXPRESSLY AGREES THAT SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF NYEEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.
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Indemnities
By using this Web Site, User agrees to indemnify and defend NYEEI and its parents, subsidiaries, affiliates, directors, officers, consultants and employees and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from User’s misuse of this Site or Service.
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Questions,
Comments, or Notices
If you have
questions, comments or notices about the NYEEI Site or this Web Site User
Agreement, please contact us in writing at the address below:
The New York Eye and Ear Infirmary
c/o Webmaster
310 E. 14th Street
New York, NY 10003
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