PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE.
This site (the "Service") is an online
information and communications service provided by the Epilepsy
Association of Central Florida ("EACF") for Medical Education
and Research ("Provider") subject to your agreement with
all of the terms and conditions offered below. Please read this
Agreement carefully before accessing or using the Service. By accessing
or using the Service, you agree to be bound by all of the terms
and conditions below, which are intended to be fully effective and
binding upon the Provider and users. The Provider may modify this
Agreement at any time, and such modifications shall be effective
immediately upon posting the modified Agreement. You agree to review
the Agreement periodically to be aware of such modifications and
your accessing or using the Service constitutes your acceptance
of the Agreement as it appears at the time of your access or use.
By using the site, you signify your agreement to
these terms of use. If you do not agree to these terms of use please
do not use the site. We reserve the right, at our discretion, to
change, modify, add, or remove portions of these terms at any time.
Please check these terms periodically for changes. Your continued
use of this site following the posting of changes to these terms
will mean you accept those changes.
THE INFORMATION CONTAINED IN THIS SERVICE IS NOT
INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL
ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED
HEALTH PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY
QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NOTHING CONTAINED
IN THE SERVICE IS INTENDED TO BE FOR MEDICAL DIAGNOSIS OR TREATMENT.
THE PROVIDER DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE. EXCEPT AS OTHERWISE EXPRESSLY
SPECIFIED, THE PROVIDER DOES NOT WARRANT THE ACCURACY, COMPLETENESS
OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE,
SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL THE PROVIDER
BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION
TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED
THROUGH THE SERVICE.
The Service is presented by the Provider for the
sole purpose of disseminating health information for public benefit.
IT IS NOT INTENDED, AND MUST NOT BE TAKEN, TO BE THE PROVISION OR
PRACTICE OF MEDICAL, NURSING, OR PROFESSIONAL HEALTH CARE ADVICE
OR SERVICES IN ANY JURISDICTION. THE SERVICE IS NOT TARGETED TO
USERS IN ANY PARTICULAR LOCALITY, NOR IS IT INTENDED TO CONSTITUTE
THE DOING OF BUSINESS IN ANY JURISDICTION, NOR TO BE A SOLICITATION
OF BUSINESS ANYWHERE ON BEHALF OF EACF OR ANY OF ITS AFFILIATED
CORPORATIONS, NOR TO CONSTITUTE ANY CONTACTS WITH ANY JURISDICTION
OUTSIDE OF THE STATE OF FLORIDA.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in the EACF site are the
copyrighted property of EACF. All trademarks, service marks, and
trade names are proprietary to EACF. No material from the EACF site
may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, except that you may download one copy
of the materials on any single computer for your personal, non-commercial
home use only, provided that (i) you keep intact all copyright and
other proprietary notices, (ii) you make no modifications to the
materials, (iii) you do not use the materials in a manner that suggests
an association with any of our products, services, or brands, and
(iv) you do not download quantities of materials to a database that
can be used to avoid future downloads from the EACF site. For purposes
of these terms, the use of any such material on any other Web site
or computer environment is prohibited. All trademarks, service marks,
trade names and trade dress are proprietary to us.
In the event you download software from the EACF
site, the software, including any files, images incorporated in
or generated by the software, and data accompanying the software
(collectively, the "Software") are licensed to you by
us or third party licensors for your personal, non-commercial home
use only. We do not transfer title to the Software to you. You own
the medium on which the Software is recorded, but we (or third party
licensors) retain full and complete title to the Software and all
intellectual property rights therein. You may not redistribute,
sell, de-compile, reverse engineer, disassemble, or otherwise reduce
the Software to a human-readable form.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, message board,
or e-mail function offered as part of the EACF site. If you participate
in any Forum within the EACF site, you must not defame, abuse, harass
or threaten others; make any bigoted, hateful or racially offensive
statements; advocate illegal activity or discuss illegal activities
with the intent to commit a crime, post or distribute any material
that infringes and/or violates any right of a third party or any
law; post or distribute any vulgar, obscene, discourteous or indecent
language or images; advertise or sell to, or solicit to others;
use the Forum for commercial purposes of any kind; post or distribute
any software or other materials which contain a virus or other harmful
component; or post material or make statements that do not generally
pertain to the designated topic or theme of any chat room or bulletin
board.
It is our policy to respect the privacy of all users.
Therefore, in addition to the privacy of Registration data (see
our Privacy Policy), we will not monitor, edit, or disclose the
contents of a user's e-mail unless (a) you authorize us to do so,
(b) we must do so in order to resolve technical problems on the
EACF site; or (c) unless required to do so by law or in the good-faith
belief that such action is necessary to: (1) comply with the law
or comply with legal process served on us; (2) protect and defend
our rights or property; or (3) act in an emergency to protect the
safety of our users or the public. Users shall remain solely responsible
for the content of their messages.
We reserve the right to remove or edit content from
any Forum at any time and for any reason. By uploading materials
to any Forum or submitting any materials to us, you automatically
grant (or warrant that the owner of such materials expressly granted)
us a perpetual, royalty-free, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate, publicly
perform and display, create derivative works from and distribute
such materials or incorporate such materials into any form, medium,
or technology now known or later developed throughout the universe.
In addition, you warrant that all so-called "moral rights"
in those materials have been waived.
When participating in a Forum, never assume that
people are who the say they are, know what they say they know, or
are affiliated with whom they say they are affiliated with in any
chat room, message board, or other user generated content area.
Information obtained in a Forum may not be reliable, and it is not
a good idea to make decisions based solely or largely on information
you cannot confirm. We cannot be responsible for the content or
accuracy of any information, and shall not be responsible for any
decisions made based on such information.
CONTENT LINKED TO EACF SITE
Please exercise discretion while browsing the Internet
using the EACF site. You should be aware that when you are on the
EACF site, you could be directed to other sites that are beyond
our control. There are links to other sites from EACF pages that
take you outside of our service. For example, if you "click"
on a banner advertisement or a search result, the "click"
may take you off the EACF. This includes links from advertisers,
sponsors, and content partners that may use our logo(s) as part
of a co-branding agreement. These other sites may send their own
cookies to users, collect data, solicit personal information, or
contain information that you may find inappropriate or offensive.
In addition, advertisers on the EACF site may send cookies to users
that we do not control.
USE OF IP ADDRESSES
We reserve the right to disable links from third
party sites to the EACF site. We make no representations concerning
the content of sites listed in any of our directories. Consequently,
we cannot be held responsible for the accuracy, relevancy, copyright
compliance, legality or decency of material contained in sites listed
in our search results or otherwise linked to the EACF site.
Please keep in mind that whenever you give out personal
information online --- for example, via message boards or chat ---
that information can be collected and used by people you don't know.
While EACF strives to protect your personal information and privacy,
we cannot guarantee the security of any information you disclose
online; you make such disclosures at your own risk.
Some services within EACF , such as certain message
boards, may display IP addresses along with the message poster's
name and message. Please review each service prior to use and only
use those that disclose information you are comfortable with sharing.
TERMINATION
These terms are effective until terminated by either
party. You may terminate these terms at any time by discontinuing
use of all EACF sites and destroying all materials obtained from
any and all such sites and all related documentation and all copies
and installations thereof, whether made under the terms of these
terms or otherwise. Your access to any and all EACF site may be
terminated immediately without notice from us if in our sole discretion
you fail to comply with any term or provision of these terms. Upon
termination, you must cease use of the EACF site and destroy all
materials obtained from such site and all copies thereof, whether
made under the terms of these terms or otherwise.
DISCLAIMER
THE MATERIALS IN THIS EACF SITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE MATERIALS ON ANY EACF SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT ANY EACF SITE OR THE SERVERS
THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON
ANY EACF SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the
accuracy, content, or availability of information found on the sites
that link to or from any EACF site. We cannot ensure that you will
be satisfied with any products or services that you purchase from
a third-party site that links to or from any EACF site or third
party content on our sites. We do not endorse any of the merchandise,
nor have we taken any steps to confirm the accuracy or reliability
of, any of the information contained in such third-party sites or
content. We do not make any representations or warranties as to
the security of any information (including, without limitation,
credit card and other personal information) you might be requested
to give any third party, and you hereby irrevocably waive any claim
against us with respect to such sites and third party content. We
strongly encourage you to make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline transaction
with any of these third parties.
INDEMNIFICATION
You are entirely responsible for maintaining the
confidentiality of your password and account and for all activities
that occur under your account. You hereby indemnify, defend and
hold us and our affiliates and our officers, directors, owners,
agents, information providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") harmless from
and against any and all liabilities and costs (including reasonable
attorneys fees) incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you of this Agreement
or claims arising from your account. You shall use your best efforts
to cooperate with us in the defense of any claim. We reserve the
right, at our own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR
THE INABILITY TO USE, ANY EACF SITE OR MATERIALS OR FUNCTIONS ON
ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION (WHETHER IN CONTRACT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, ACCESSING ANY
EACF SITE.
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