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Terms and Conditions

General
Welcome to the Fight for Sight (“FFS”) website (“FFS Site”). These Terms of Use govern your use of the FFS Site. Please read these Terms of Use carefully because by visiting or using the FFS Site, you agree to be legally bound by and comply with its terms. If you do not agree to comply with these Terms of Use, you are not authorized to use the FFS Site.

FFS may modify these Terms of Use in the future by posting amended Terms of Use on the FFS Site. Please check this page regularly for the most current version of the Terms of Use in effect. By continuing to use the FFS Site after we have posted amended Terms of Use, you are agreeing to be bound by and comply with the amended Terms of Use.

Privacy Policy
Please review our Privacy Policy, which is part of these Terms of Use and describes how FFS handles any personally indentifying information about our users.

Copyright
All material on the FFS Site is protected by United States and international copyright law. You must abide by all copyright notices and restrictions contained on the FFS Site.

You may not reproduce, distribute (in any form including over any local area or other network or service), display, perform, create derivative works of, sell, license, extract for use in a database, or otherwise use any materials on the FFS Site, without the express written permission of FFS, except that you may download material from the FFS Site in the form of one machine readable copy that you will use only for personal, noncommercial purposes and only if you do not alter such material or remove any trademark, copyright or other notice displayed on the material.

Trademarks
“FIGHT FOR SIGHT,” “FIGHT FOR SIGHT and Torch Design,” and other logos and trademarks displayed on the FFS Sight are trademarks or service marks owned by FFS (“FFS Marks”). You may not use the FFS Marks in connection with any goods or services not owned by FFS. Nor may you use the FFS Marks in any manner that is likely to cause confusion in the marketplace about whether FFS is the source, sponsor, or endorser of the goods or services, nor in any manner that disparages or discredits FFS.

Links to FFS Site
You may link to the public pages of the FFS Site, provided that the link does not cast FFS in a false or misleading light. You may not frame the content of the FFS Site. Nor may you use metatags or other “hidden text” that incorporates FFS Marks or our name without our express written permission.

Links to Other Sites and Sources of Information
The FFS Site may contain references or links to other Web sites and may post information from other sources that we think may be of interest to you. FFS has no control over these other sites or sources or their content. Except for information, goods or services clearly identified as being supplied by FFS, we do not in any way review, operate, control or endorse any material, information, goods, services or organizations on other sites or from any other sources (including without limitation corporate partners and partner organizations) Be sure to read the terms of use and privacy policies that govern your use of other sites. Because FFS is not responsible for the availability of these outside resources or their content, you should direct any concerns regarding any other sites to the administrator or webmaster of that site.

Disclaimers
THE FFS SITE IS AVAILABLE “AS IS” AND “AS AVAILABLE.” FFS DOES NOT WARRANT THAT THE FFS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN MATERIALS AVAILABLE THROUGH THE FFS SITE. FFS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETEENESS, TIMELINESS OR RELAIBIILTY OF ANY MATERIAL OR DATA OR ENDORSE ANY ADVICE, OPINION OR STATEMENT DISPLAYED OR DISTRIBUTED ON THE FFS SITE OR AVAILABLE THROUGH LINKS ON THE FFS SITE. FFS RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE FFS SITE.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, FFS DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PRUPOSE OR INTENDED USE HAS BEEN DISCLOSED TO FFS) WITH RESPECT TO THE FFS SITE OR ANY SITE MATERIALS, GOODS OR SERVICES THAT ARE AVAILABLE, ADVERTISED OR OFFERED THROUGH THE FFS SITE.

ALTHOUGH FFS INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE FEATURES TO THE FFS SITE, FFS DOES NOT GUARANTEE OR WARRANT THAT THE FFS SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FFS SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. FFS IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. YOU RELY ON THE FFS SITE AND ANY MATERIAL AVAILABLE THROUGHT IT SOLELY AT YOUR OWN RISK.

Limitation on Liability
FFS AND ITS OFFICERS, DIRECTORS, TRUSTEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS ARE NOT LIABLE FOR (1) ANY DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THE FFS SITE, SITE SERVICES, SITE MATERIALS, THESE TERMS OF USE OR YOUR USE OF THEM, REGARDLESS OF WHETHER SUCH LIAIBILTY IS BASED IN TORT, CONTRACT OR LEGAL OR EQUITABLE THEORY OR (2) ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN THE FFS SITE, INCLUDING ANY CLAIM, LOSS OR INJURY THAT RESULTS FROM ANY BREACH OF ANY PROVISION IN THESE TERMS OF USE.

To the extent that the above limitation on liability is held to be unenforceable, you agree that the maximum liability of FFS will not exceed the amount you paid, if any, for use of the FFS Site during the period when your claim accrued.

Indemnification
You agree to indemnify, defend and hold harmless FFS and its officers, directors, trustees, parents, subsidiaries, affiliates, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, FFS incurs as a result of your violation of these Terms of Use. FFS has the right, but not the obligation, to take over the exclusive defense of any claim for which we are entitled to indemnification. You agree to provide FFS with reasonable cooperation in such matters.

Governing Law & Forum
These Terms of Use and any claim or dispute relating to them will be governed by the laws of the State of New York, without regard to conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State of New York, County of New York, and you waive any jurisdictional, venue or inconvenient forum objections to such courts.

Severability
If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, then that provision will be deemed severed from these Terms of Use and will not affect the validity and enforceability of any remaining provision.

Termination
FFS has the right to terminate these Terms of Use at any time without notice and for any reason or no reason. If these Terms of Use are terminated, the following provisions shall survive: Limitation on Liability, Disclaimer, Indemnification, and Governing Law & Forum.

No Medical Advice
FFS and the FFS Site does not provide and should not be interpreted as providing medical advice, diagnosis, guidance or treatment. Any materials provide through the FFS Site are for informational purposes only. If you feel that you have a medical condition, you should consult your physician or other qualified heath provider.

Questions
If you have any questions regarding these Terms of Use, please contact us by email at info@fightforsight.org or by phone at +1 (212) 679-6060 or by regular mail at the following address:

Fight for Sight, Inc.
381 Park Avenue South
Suite 809
New York, New York  10016

November 4, 2009