Terms of Service

OPHTHALMOLOGY FOUNDATION TERMS OF SERVICE

Effective: October 1, 2024

1. Binding Contractual Terms

By using the ophthalmologyfoundation.org website (the “Website”), including all Content (as defined below) available through the Website or by accessing any associated content such as email feeds, feeds through apps or other related services (the Website and associated content collectively the “Service”), the person or entity using the Service (“You”) signify (a) that You have read and understood these Terms of Service (“TOS”); (b) that you consent to the Privacy Policy; and (c) that these TOS have the same force and effect as a signed agreement. The Service is provided by Ophthalmology Foundation, a 501(c)(3) non-profit (“Ophthalmology Foundation,” “we,” “us,” or “our”), 2214 Market Street #445, San Francisco, CA 94114 USA.

You affirm that You are more than 18 years of age, or possess legal parental or guardian consent, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these TOS, and to abide by and comply with these TOS. In addition, You affirm that You have not been previously suspended or removed from the Service.

ATTENTION:  PLEASE READ THESE TOS AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICE. DOWNLOADING OR ACCESSING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TOS AND CONSENT TO THE PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THESE TOS AND PRIVACY POLICY, DO NOT USE, ACCESS, OR DOWNLOAD MATERIALS FROM THE SERVICE, AND DELETE ANY DOWNLOADED APPLICATIONS AND MATERIALS IMMEDIATELY.

We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Service. YOU AGREE THAT OPHTHALMOLOGY FOUNDATION WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PORTION OF THE SERVICE). Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to these TOS.

We may change these TOS at any time. Please review the TOS each time You visit the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TOS. If we materially change these TOS, we will let You know by showing them to You again when You access the Service and sending an email notifying You of the changes to the email address We have on file for You. If we do not have Your email address, We will update this page to reflect any changes to the TOS.

These TOS include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by You, and a class action waiver in Sections 1, 3, 4, 9-11, 13-16, and 19. Please review those sections (and all of the other terms) carefully.

2. PRIVACY POLICY

Our Privacy Policy describes the information Ophthalmology Foundation collects when You and others use the Service. It also describes how Ophthalmology Foundation uses and shares any personal information You share with it. By agreeing to these TOS, You are also consenting to our collection, use, and sharing of Your personal information in accordance with our Privacy Policy. Please click here to review our Privacy Policy.

3. LINKS TO AND FROM THE SERVICE

The Service may contain links to third party websites and online services (such as apps and social media sites) that are not owned or controlled by Ophthalmology Foundation. Ophthalmology Foundation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship, or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, Ophthalmology Foundation will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE OPHTHALMOLOGY FOUNDATION, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE OPHTHALMOLOGY FOUNDATION PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, we encourage You to be aware when You leave the Service and to read the terms and conditions of use for each other website or online service that You visit.

Except as You have otherwise agreed with Ophthalmology Foundation in writing, You may link to the Service from Your website, subject to the following:  (1) You may not frame the Service or any portion of the Service; (2) You will not override or hinder the functionality of an end-user’s web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Ophthalmology Foundation name and not any Ophthalmology Foundation logo; (4) You may not use any Ophthalmology Foundation logos in any way; (5) You may not use the link in any way that suggests that Ophthalmology Foundation is associated with or endorses You or Your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Ophthalmology Foundation or damages its rights, reputation, or goodwill; and (7) We may terminate Your right to link to the Service at any time for any reason or no reason.

4. USER SUBMISSIONS

You and other users may submit feedback, notes, text, graphics, photos, videos, material, information, comments, messages, ideas, concepts, know-how, techniques, or other communications You transmit, upload, or post to the Service (“User Submissions”) and the Service may permit the hosting, sharing, and/or publishing of such User Submissions. Ophthalmology Foundation welcomes Your comments and suggestions. However, except for any personal information We may collect from You pursuant to Our Privacy Policy, User Submissions will be considered non-confidential and non-proprietary. You understand that whether or not such User Submissions are published or posted, Ophthalmology Foundation (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.

You shall be solely responsible for Your own User Submissions and the consequences of posting, submitting, or publishing them. By submitting the User Submissions to Ophthalmology Foundation, You hereby grant Ophthalmology Foundation and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, code, watermark, train our models, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Service and Ophthalmology Foundation’s (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any form and media formats and through any media channels. You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free license to access Your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Service and under these TOS. You also agree that immediately upon the creation of outputs through the Service and/or the creation by or on behalf of Ophthalmology Foundation, its affiliates, successors, or assigns, of any derivative works from, modifications, edits, or other changes to the User Submissions (the “Modified Content”), the Modified Content will become the sole and exclusive property of Ophthalmology Foundation, and that We will own the entire right, title, and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by Ophthalmology Foundation in its sole discretion. You hereby grant, assign, transfer, and convey any and all right, title, or interest You have or may be deemed to have in and to the Modified Content to Ophthalmology Foundation.

In connection with User Submissions, You represent and warrant that You will not:  (1) transmit, submit, or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to transmit, submit, or post the material and to grant Ophthalmology Foundation all of the license rights granted herein; (2) publish falsehoods or misrepresentations that could damage Ophthalmology Foundation or any third party; (3) transmit, submit, or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (4) transmit, submit, or post material that is otherwise inappropriate. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your transmitting, posting, or submitting User Submissions. OPHTHALMOLOGY FOUNDATION DOES NOT ENDORSE ANY USER SUBMISSION OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND THE OPHTHALMOLOGY FOUNDATION PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS. Ophthalmology Foundation does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Service, and Ophthalmology Foundation will remove all Content (including User Submissions) if properly notified that such Content or User Submission infringes on another’s rights. Ophthalmology Foundation will not necessarily monitor User Submissions. However, Ophthalmology Foundation reserves the right to monitor, alter, edit, or remove Content (including User Submissions) and block users without prior notice and for any reason. Ophthalmology Foundation also reserves sole discretion to decide whether any Content (including a User Submission) is appropriate and complies with these TOS.

You understand that when using the Service, You will be exposed to User Submissions from a variety of sources, and that Ophthalmology Foundation is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE OPHTHALMOLOGY FOUNDATION PARTIES WITH RESPECT TO USER SUBMISSIONS, AND AGREE TO INDEMNIFY AND HOLD THE OPHTHALMOLOGY FOUNDATION PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.

5. TRANSACTIONS/DONATIONS

Before You join the Service, carefully review the Service policies and documents. If you wish to make a donation through the Service or participate in a paid activity (each such activity, a (“Transaction”), you may be asked to supply certain information applicable to your Transaction, including, without limitation, credit card and other information. Any information that you provide to Ophthalmology Foundation will be handled in the manner described in our Privacy Policy. You agree that all information that you provide in connection with your Transaction will be accurate, current, and complete. You agree to pay all charges incurred by you or any users of your account and credit card at the price(s) set forth on the Service at the time of your Transaction, however, such prices do not include and you must pay any excise, sales, use, or like taxes associated with the Transaction.  Prices advertised on the Service are subject to increase in the amount of any such tax that Ophthalmology Foundation may be required to collect or pay in connection with the Transaction.  You are responsible for (and will indemnify the Ophthalmology Foundation Parties against) all taxes associated with Transactions entered into by you or users of your account through the Service (excepting taxes based on Ophthalmology Foundation’s income).

You agree that you will not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses to use or to enter Transactions on the Service. You grant Ophthalmology Foundation the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

  1. No Offers.  Statements made on the Service concerning Our products or services do not constitute an offer, but are merely solicitations of an offer, where appropriate.  References to and information concerning products and services on the Service are not complete and must be read in conjunction with the specific information accompanying such products or services, as the same may change from time to time.
  2. Other Agreements/Terms of Sale.  All products and services offered by us via the Service are sold in accordance with any terms of sale separately provided related to such sales. You may, from time to time, enter into additional written agreements with Ophthalmology Foundation in connection with other products, services, or events made available by or through Ophthalmology Foundation.  In the event that any terms or provisions of such a written agreement or terms of sale conflict with the provisions of these TOS, the terms and provisions of the written agreement or terms of sale shall prevail.
  3. Pricing.  Pricing for Transactions shall be as set forth on the Service, which pricing may be changed by Ophthalmology Foundation from time to time.  Ophthalmology Foundation may choose to temporarily change pricing for promotional events or new products or services, and such changes shall be immediately effective when Ophthalmology Foundation posts the temporary pricing change to the Service. 
  4. Payment Processing. When you conduct a Transaction, processing of the Transaction and collection of payments may be handled by our payment processor.  Transactions will be processed only after a billing address, and other billing information, has been verified. If We receive incorrect billing or credit card account information, the processing of your Transaction will be cancelled without further notice. 
  5. Transaction Confirmation. If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with Ophthalmology Foundation whether or not your Transaction has been completed.
  6. Refunds.  Before entering a Transaction on the Service, carefully review the Service and all policies and terms. Unless otherwise agreed to in writing by Ophthalmology Foundation, We will not issue refunds. In the event that the provisions of this Section conflict with any mandatory refund policies imposed by our payment processor, as may be applicable to a particular Transaction, the terms of such mandatory refund policy shall prevail. Additionally, certain legislation and consumer protection laws and regulations may confer you with rights, warranties, guarantees, and remedies relating to your Transaction that cannot be excluded, restricted, or modified.
  7. Chargebacks.  You agree that you will not attempt to circumvent any refund prohibitions with regard to Transactions on the Service. You will not dispute or otherwise seek a “chargeback” from the company whose credit card you used on the Service. Should you do so, your access may be cancelled, and Ophthalmology Foundation may, in its sole discretion, refuse to honor pending and future Transactions made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist, and any person who accesses any associated online account or credit card or who otherwise breaches this provision, from using the Service.

6. USERS WHO VIOLATE TERMS OF SERVICE

Ophthalmology Foundation may, at its sole discretion, disable, partially disable, or terminate the access or accounts of any users who violate these TOS, including, but not limited to, the access or accounts of (1) users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property, privacy, or legal rights, especially if they do so repeatedly, (2) users who fail to pay applicable fees, (3) users who provide false or inaccurate information; (4) users who breach these TOS including any warranties; and (5) users who misuse or challenge Ophthalmology Foundation’s rights in the Content. Ophthalmology Foundation may cancel Your account, terminate Your access to the Service, delete all of Your information and User Submissions at any time, without notice, for any reason or no reason including, without limitation, Your violation of these TOS.

7. RESTRICTION ON USE OF THE SERVICE

In Your use of the Service, You will not:

  • Violate these TOS;
  • Use the Service for any purpose other than for using the features We intentionally make available to You;
  • Copy, modify, download, or distribute any part of the Service or any Content in any form or medium without the prior written authorization of Ophthalmology Foundation;
  • Alter, modify, or make derivative works from any part of the Service without the prior written authorization of Ophthalmology Foundation;
  • Scrape any part of the Service or use an artificial intelligence system or other software to analyze or process materials or data from the Service;
  • Resell or attempt to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to You under these TOS, the Service, or any Content, in whole or in part;
  • Provide false personal information or create an account for anyone other than Yourself without permission;
  • Create another account without our permission, if we have disabled Your account;
  • Share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account;
  • Assign or transfer Your account or login information to anyone;
  • Use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
  • Post, transmit or submit any confidential or sensitive (including social security or alternate national identity numbers, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, offensive, or pornographic material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
  • Upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party; 
  • Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
  • Use the Service for purposes of deceiving or defrauding any person;
  • Access all or any part of the Service to build a product or service which competes with the Service;
  • Obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
  • Facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
  • Use the Service for purposes of any political campaigns, or to attempt to influence the outcome of any election;
  • Impersonate or misrepresent any person or entity or Your affiliation with someone else;
  • Collect personal information of other users;
  • Harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
  • Remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service;
  • Solicit other users to join, become members of, or contribute money to any online service or organization other than Ophthalmology Foundation;
  • Post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service;
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • Stalk, bully, or otherwise harass any person or entity; or
  • Harm minors in any way.

Ophthalmology Foundation will fully cooperate with any law enforcement authorities or court requesting or directing Ophthalmology Foundation to disclose the identity of anyone violating these TOS.

Ophthalmology Foundation believes in children’s online safety and does not wish to receive information regarding children under 18 years old without their parent or legal guardian’s consent. Therefore, You may not post or submit any personal information of a child under 18 years old or information sufficient to locate such a child on or through the Service, without the child’s parent/guardian consent. If You are under 13 years of age, then please do not attempt to submit any information to or use the Service.

8. INTELLECTUAL PROPERTY

Everything You see, hear, or otherwise experience on the Service, including but not limited to the graphics, videos, audio recordings, text, software, photographs, images, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, and other data captured by or through the Service (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Ophthalmology Foundation, subject to copyright and other intellectual property rights under United States and international laws and conventions. Ophthalmology Foundation owns the copyright in the selection, coordination, arrangement, and enhancement of the Content. Any unauthorized use of any materials on the Service or use of the Marks may violate copyright, trademark, and other laws. OPHTHALMOLOGY FOUNDATION and the Ophthalmology Foundation logo are trademarks of Ophthalmology Foundation.

For Your personal use, You may view, copy, share, and print pages from the Service. Otherwise, the Service may not be copied, downloaded, shared, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Ophthalmology Foundation reserves all rights not expressly granted in and to the Service, the Content, and the Marks. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Ophthalmology Foundation in writing. You may not create, recreate, advertise, or distribute an index of a significant portion of the Content unless authorized in writing by Ophthalmology Foundation. You may not build a business using the Content, whether or not for profit. If You copy, screenshot, download, or print pages of the Content for personal use, You must retain all copyright and other proprietary notices and all watermarks contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may You scrape or use any extraction methods to obtain any Content or data from the Service, or use the Service or any Content to train artificial intelligence systems.

9. ADVERTISEMENT/MENTOR/VOLUNTEER RELEASE

Ophthalmology Foundation takes no responsibility for advertisements or any third-party material posted on or transmitted through the Service, nor does it take any responsibility for the products or services provided by advertisers or other Content on the Service (“Advertisers”), nor does it take any responsibility for interactions between You and mentors or volunteers of Ophthalmology Foundation (“Mentors” and “Volunteers”). Any dealings You have with Advertisers, Mentors, or Volunteers found while using the Service or encountered through Your connection with Ophthalmology Foundation are between You and the Advertiser, Mentor, or Volunteer, and You agree that the Ophthalmology Foundation Parties are not liable for any loss or claim that You may have against an Advertiser, Mentor, or Volunteer.

YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE OPHTHALMOLOGY FOUNDATION PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS AND INTERACTIONS WITH ADVERTISERS, MENTORS, VOLUNTEERS, OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE, AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

10. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Service that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice (including after You have submitted Your registration).

WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION ON THE SERVICE OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

11. EFFECT OF TERMINATION, CANCELLATION OR EXPIRATION

Upon termination or cancellation of the TOS or the Service, You shall immediately discontinue all access to and use of the Service. THE OPHTHALMOLOGY FOUNDATION PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES, OR LOSS OF DATA, AS A RESULT OF THE TERMINATION OR CANCELLATION OF THESE TOS OR THE SERVICE.

12. WARRANTIES

You warrant and represent to Ophthalmology Foundation as set out below:

  1. The information You provide to Ophthalmology Foundation in any registration or application screen, profile, email, postings, submissions, telephone call, or through other means including all personal details, contact details, and all other data provided to Ophthalmology Foundation is true in all respects, up-to-date, and not misleading.
  2. You will keep the information referred to in paragraph (a) up to date.
  3. You will not access the Service under false identity or pretext and will not use it to falsify Your or any other person’s identity.
  4. You have the permission of any individuals depicted in photographs, images, videos, or recordings that You submit to the Service to use their likeness and/or voice, as well as all other legal rights necessary to grant the license above to Ophthalmology Foundation.
  5. You will use the Service lawfully and in good faith.
  6. You will keep Your log-in details and password secure and will not share such information with third parties.

13. DISCLAIMERS

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE OPHTHALMOLOGY FOUNDATION PARTIES GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE SERVICE, THE CONTENT, AND ANY SERVICE, EVENT, OR AGREEMENT WITH AN ADVERTISER, MENTOR, VOLUNTEER, OR THIRD PARTY. THE OPHTHALMOLOGY FOUNDATION PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE OPHTHALMOLOGY FOUNDATION PARTIES RELATING TO THE SERVICE OR THE CONTENT, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SERVICE, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE OPHTHALMOLOGY FOUNDATION PARTIES AND ANY AGREEMENT WITH A THIRD PARTY, THAT MAY BE IMPLIED BY THESE TOS, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY, SUITABILITY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.

WITHOUT LIMITING THE FOREGOING, THE OPHTHALMOLOGY FOUNDATION PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICE IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY, ACCURACY, OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR THROUGH AGREEMENTS YOU ENTER WITH THIRD PARTIES OR ADVERTISERS WILL MEET YOUR EXPECTATIONS; THAT THE SERVICE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, MOBILE DEVICES, SYSTEMS OR DATA NOT PROVIDED BY OPHTHALMOLOGY FOUNDATION; THAT SERVICE ERRORS WILL BE CORRECTED; THAT THE SERVICE IS PCI COMPLIANT; OR THAT YOUR USE OF THE SERVICE FOR SMS MESSAGING, EMAIL, OR OTHER NOTIFICATIONS DOES NOT VIOLATE LOCAL, STATE OR NATIONAL LAWS. THE OPHTHALMOLOGY FOUNDATION PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR INTERACTIONS WITH ADVERTISERS, MENTORS, OR VOLUNTEERS, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

14. INDEMNITY

YOU ACKNOWLEDGE THAT THE OPHTHALMOLOGY FOUNDATION PARTIES HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES OR ADVERTISERS, MENTORS, OR VOLUNTEERS, OR THE TRUTH OR ACCURACY OF ANY THIRD PARTIES’ OR ADVERTISERS’ CONTENT OR LISTINGS, OR THE ABILITY OF A THIRD PARTY OR ADVERTISER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION OR SERVICE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OPHTHALMOLOGY FOUNDATION PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO ANY OF THE OPHTHALMOLOGY FOUNDATION PARTIES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE OPHTHALMOLOGY FOUNDATION PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TOS; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PUBLICITY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; OR (6) ANY ACTIVITY RELATED TO YOUR APPLE ID, GOOGLE ACCOUNT, MOBILE ACCOUNT, OR OTHER INTERNET ACCOUNT, OR USING YOUR TELEPHONE NUMBER, EMAIL ADDRESS, AND/OR PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT, LOGIN INFORMATION, APPLE ID, GOOGLE ACCOUNT, MOBILE ACCOUNT, OR OTHER INTERNET ACCOUNT, TELEPHONE NUMBER, EMAIL ADDRESS AND/OR PASSWORD.
 
IF THE OPHTHALMOLOGY FOUNDATION PARTIES DO TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TOS, THE OPHTHALMOLOGY FOUNDATION PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE OPHTHALMOLOGY FOUNDATION PARTIES.

YOU AGREE AND CONSENT TO RECEIVE TEXT MESSAGE NOTIFICATIONS, EMAILS, OR OTHER NOTIFICATIONS THAT ARE SENT VIA THE SERVICE.  TO THE EXTENT YOU SEND A MESSAGE GOVERNED BY THE TELEPHONE CONSUMER PROTECTION ACT, THE CAN-SPAM ACT, WIRETAPPING LAWS, COMMON LAW PRIVACY RIGHTS, CONSTITUTIONS, THE VIDEO PRIVACY PROTECTION ACT, OR SIMILAR LAWS THROUGH THE SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE OPHTHALMOLOGY FOUNDATION PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE OPHTHALMOLOGY FOUNDATION PARTIES IN CONNECTION WITH YOUR FAILURE TO OBTAIN PROPER CUSTOMER OR POTENTIAL CUSTOMER CONSENT TO INPUTTING PERSONAL INFORMATION INTO THE SERVICE OR SENDING TEXT MESSAGE NOTIFICATIONS, EMAILS, OTHER NOTIFICATIONS THAT ARE SENT VIA THE SERVICE, CALLS, CHATS, OR OTHER COMMUNICATIONS INCLUDING BUT NOT LIMITED TO, CLAIMS ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT, THE CAN-SPAM ACT,
WIRETAPPING LAWS, COMMON LAW PRIVACY RIGHTS, CONSTITUTIONS, THE VIDEO PRIVACY PROTECTION ACT, OR SIMILAR LAWS.

15. LIMITATIONS ON LIABILITY

IN NO EVENT SHALL THE OPHTHALMOLOGY FOUNDATION PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE OR THIRD PARTY PRODUCTS OR SERVICES, UNDER THESE TOS OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OR REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE OPHTHALMOLOGY FOUNDATION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
 
THE OPHTHALMOLOGY FOUNDATION PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE OPHTHALMOLOGY FOUNDATION PARTIES’ NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR INTERACTION WITH ADVERTISERS, MENTORS, OR VOLUNTEERS, (4) UNAUTHORIZED ACCESS TO OR USE OF OPHTHALMOLOGY FOUNDATION’S SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SERVICE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (8) USER SUBMISSIONS, CONTENT, OR THIRD PARTY WEBSITES OR APPS; (9) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION OR CONTENT, (10) STATEMENTS OR CONDUCT OF ANY USERS, ADVERTISERS OR OTHER THIRD PARTIES THROUGH THE SERVICE; AND 11) ERRORS OR OMISSIONS IN ANY CONTENT, ANY BREACH OF THESE TOS BY OPHTHALMOLOGY FOUNDATION OR THE FAILURE OF OPHTHALMOLOGY FOUNDATION TO PROVIDE ANY SERVICE UNDER THESE TOS, (12) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY ADVERTISERS, MENTORS, OR VOLUNTEERS WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE OPHTHALMOLOGY FOUNDATION PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
 
THE OPHTHALMOLOGY FOUNDATION PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TOS INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO AVOID SHARING YOUR EMAIL OR LOG-IN DETAILS WITH ANY OTHER PERSON.
 
THE OPHTHALMOLOGY FOUNDATION PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TOS OR IN RELATION TO THE SERVICE WILL BE LIMITED TO THE TOTAL SUM PAID BY YOU TO OPHTHALMOLOGY FOUNDATION IN THE IMMEDIATELY PRECEDING SIX MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT GIVING RISE TO A CLAIM.
 
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Any claims relating to use of the Service must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Service is controlled and offered by Ophthalmology Foundation from its facilities in the United States of America. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

A party will not be in breach of these TOS, nor liable for any failure or delay in performance of any of its obligations under these TOS where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power outages, or electronic or communication network breakdowns (“Force Majeure Events”). In the event of a Force Majeure Event affecting the provision of the Service by Ophthalmology Foundation, Ophthalmology Foundation will use reasonable efforts to notify users through the Service or through its website or by email communication.

16. BASIS OF THE BARGIN

YOU ACKNOWLEDGE AND AGREE THAT Ophthalmology Foundation HAS OFFERED ITS SERVICE, SET ITS PRICES, AND ENTERED INTO THESE TOS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE Ophthalmology Foundation PARTIES, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Ophthalmology Foundation. Ophthalmology Foundation WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

17. EQUITABLE RELIEF

If You violate these TOS, We may seek injunctive relief or other equitable relief.

18. ASSIGNMENT

The TOS, and any rights and licenses granted hereunder, may be transferred or assigned by You only with Ophthalmology Foundation’s prior written consent but may be assigned by Ophthalmology Foundation without restriction and without notice to You.

19. CLASS ACTION WAIVER

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

20. SUBPOENA FEES

If Ophthalmology Foundation has to provide information in response to a subpoena related to Your account, then we may charge You for our costs. These costs may include attorney and employee time spent retrieving records, preparing documents, and participating in a deposition.

21. EXPORT CONTROL

Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States and the country in which You reside.

22. GENERAL

These TOS constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these TOS is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these TOS, so that these TOS shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these TOS by a representation other than those expressly set out in these TOS.
 
Ophthalmology Foundation and You do not intend to confer, and these TOS will not be construed as conferring, any right, remedy, obligation, or liability of any kind on any person other than Ophthalmology Foundation, You, and each party’s successors and assigns. No modification, alteration, or waiver of any of the provisions of these TOS will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these TOS shall be deemed a further or continuing waiver of such term or any other term, and Ophthalmology Foundation’s failure to assert any right or provision under these TOS shall not constitute a waiver of such right or provision. You agree that the Service shall be deemed solely based in California, United States of America and the Service shall be deemed a passive Service that does not give rise to personal jurisdiction over the Ophthalmology Foundation Parties in jurisdictions other than California. These TOS are governed by United States and California law, without regard to conflict of law provisions, and the Parties submit to the exclusive jurisdiction of the
state and federal courts of San Francisco, California, in relation to any dispute between them arising out of the subject matter of these TOS.
 
You also agree that, at least 21 days prior to commencing any litigation proceeding, you to agree to inform us of the nature of any dispute you have with us and the relief you seek by sending an email to admin@ophthalmologyfoundation.org. Thereafter, we will contact you to address or resolve the dispute in a satisfactory way. You agree that any complaint filed in court without complying with this paragraph may be dismissed without prejudice.