Thank you for visiting the website of The Smith-Kettlewell Eye Research Institute (“SKERI”). By accessing, browsing and/or using this Site (“Site”), you (“User,” “you,” “your”) acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations.
Restrictions
The copyright in all material provided on Site is held by SKERI, or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SKERI or the copyright owner. Permission is granted to display, copy, distribute and download the materials on Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without SKERI’s permission, “mirror” any material contained on Site on any other server. Any unauthorized use of any material contained on Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Prohibited Uses
You agree not to: (a) use Site in any way that violates any applicable law or regulation; (b) engage in any conduct that disables, overburdens, damages, impairs, restricts or interferes with Site or anyone's use or enjoyment of Site, or which may harm SKERI or users of Site or expose them to liability; (c) introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful to Site; (d) place pop-up windows over pages of Site, or otherwise affect the display of pages of Site; or (e) use any automatic device, process or means to access Site for any purpose that violates these Terms of Use. Moreover, you agree not to stalk, harass or harm another individual, impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, or collect or store personal data about other users or visitors to Site.
Transmissions
Any material, information or idea you transmit to or post on Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by SKERI or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. You are prohibited from posting or transmitting to or from Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Revisions
SKERI may at any time revise these Terms of Use by updating this posting. By using Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.
No Warranties
Your use of Site is at your own risk. Site is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Neither SKERI nor any person associated with SKERI makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of Site. Without limiting the foregoing, neither SKERI nor anyone associated with SKERI represents or warrants that Site will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that Site or the server that makes it available are free of viruses or other harmful components or that Site will otherwise meet your needs or expectations. In certain states, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
Limitation of Liability
To the fullest extent permitted under applicable law, in no event will SKERI, its employees, agents, officers or trustees be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, Site, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.
Indemnification
You agree to indemnify, defend and hold harmless SKERI, its trustees, officers, employees and agents from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from your use of Site, or any violation by you of these Terms of Use. SKERI reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with SKERI.
Site is operated by:
The Smith-Kettlewell Eye Research Institute
2318 Fillmore Street
San Francisco, CA 94115-1813