Terms of Use of the APAO Web Site

By using the Asia Pacific Academy of Ophthalmology (APAO) website or its services, you agree to be bound by the Terms of Use (TOU) set forth below.

You also agree that you have read and agree to be bound by our Privacy Policy.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THIS WEB SITE.

1. You Understand And Agree To These Definitions

You are responsible for maintaining the confidentiality of your information and any password that may be defined. You agree that you will not let anyone other than you use your registration or password.

2. You Are Responsible For Your Own Registration And Password

You are responsible for maintaining the confidentiality of your information and any password that may be defined. You agree that you will not let anyone other than you use your registration or password.

You agree to immediately notify the APAO webmaster of any unauthorized use of your registration or password by an email to webmaster@apaohth.org.

3. You Will Follow All Laws That Apply To Your Use Of This Web Site

You agree that you will not use this Web Site in order to transmit, distribute, store or destroy material, including without limitation Web Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

4. You Will Not Violate The Copyrights, Trademarks Or Intellectual Property Rights Of The APAO Website Or Others

A. Copyrights

All of the content of this Web Site, including text, art, graphics, logos, buttons, images, pictures, audio clips, software, and code is the property of APAO, our partners or content providers and is protected by US and international copyright laws.

Except as granted in the Limited License below, any other use of such content, including modification, transmission, presentation, distribution or re-publication is

B. Trademarks

All trademarks, trade names, logos, brand names and service marks of APAO, whether registered or unregistered, are the property of APAO and are protected by the US and international trademark laws.

Except as set forth in the Limited License below, any use of these assets is prohibited without the express prior written consent of APAO.

In no event may any such assets be used in connection with any product or service that is not the APAO’s, in any matter likely to cause confusion as to the source of the product or service or in any matter that discredits, disparages or misrepresents the APAO.

All other trademarks, trade names, brand names or logos appearing on this Web Site are the property of their respective owners.

5. You Accept A Limited License

The APAO grants you a limited license to download the material on this Web Site solely for your personal, noncommercial use.

If you violate any provision of these TOS, your license to use such material terminates and you must immediately destroy any copies you have made of any portion of the material.

6. You Agree To These Restrictions On Your Use Of This Web Site

A. Content

You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Web Site Content on any copy you make of the Web Site Content.

You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web Site Content in any way for any public or commercial purpose.

The use of the Web Site Content on any other Web Site or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the HTML code that the APAO creates to generate any Web Site Content or the pages making up any APAO Site. It is also protected by the APAO’s copyright.

B. Security and Integrity

You are prohibited from violating or attempting to violate the security of this Web Site, including, without limitation,

(a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”,
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

7. You Agree That The APAO Is Not Liable For Your Use Of This Web Site

A. No Warranty

ALL INFORMATION MATERIALS, PRODUCTS AND SERVICES CONTAINED ON THIS WEB SITE OR PROVIDED THROUGH THIS WEB SITE, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, COOKIES OR DOCUMENTS, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APAO AND ITS CONTENT PROVIDERS, SUPPLIERS AND AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS STRAINS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

B. Limitation of Liability

IN NO EVENT SHALL APAO NOR ANY OF ITS MANAGERS, EMPLOYEES, SUPPLIERS, AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE PURCHASE PRICE FOR THE PRODUCT OR SERVICE, OR, IF NO PURCHASE PRICE WAS PAID OR CHARGED, THE SUM OF $100.00.

IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APAO NOR ANY OF ITS MANAGERS, EMPLOYEES, SUPPLIERS, AFFILIATES OR AGENTS BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOST PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION OR CLAIM INCLUDING BUT NOT LIMITED TO CLAIMS FOR NEGLIGENCE, BREACH OF CONTRACT, OR TORT, OR IN ANY WAY CONNECTED WITH USE OF THIS WEB SITE, THE INABILITY TO ACCESS THIS WEBSITE OR USE OF ANY MATERIAL, INFORMATION OR SERVICES, OR PRODUCTS, CONTAINED ON, OR OBTAINED THROUGH THIS WEB SITE.

C. Links to Other Sites

This Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the APAO of the contents on such third-party Web sites.

The APAO is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites.

If you decide to access linked third party Web sites, you do so at your own risk.

8. You Agree That APAO Can Terminate Your Account

APAO reserves the right to refuse service and terminate accounts, including, but not limited to, if APAO believes user conduct violates applicable law or is harmful to the interests of APAO, its members, partners, suppliers, affiliates or other users, or for any other reason at APAO’s sole discretion, with or without cause.

9. You Understand And Agree To The Following General Legal Provisions

A. Governing Law and Jurisdiction

These Terms of Service will be governed by California law for all purposes, including Web Site and services use and product purchases, without regard to or application of choice of law rules or principles.

You hereby consent to the jurisdiction and venue of the courts of California.

B. Export Laws

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals.

You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any materials or information derived from the Web site to either a foreign national or a foreign destination in violation of such laws.

C. Indemnification

You agree to indemnify, defend, and hold harmless APAO, its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any claims, actions or demands, liabilities, and settlements, including but not limited to, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of these TOS or any activity related to your account (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing APAO Web Site using your account.

D. Entire Agreement

These TOS and all other legal notices (including but not limited to the Privacy Policy) posted by APAO on this Web site constitute the entire agreement between you and APAO with respect to the use of the Web Site and services.

Your use of the APAO Web Site and services is also subject to the APAO Privacy Policy.

You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.

E. Waiver

Our failure to exercise or enforce any right or provision of the Terms of Service or other legal notices posted by APAO on this Web Site shall not constitute a waiver of such right or provision.

No waiver of any of these Terms of Service or of any other legal notices posted by APAO on this Web Site shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

F. Severability

If any provision of the TOS or of any other legal notices posted on this Web Site is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS should remain in full force and effect.

G. Assignment

APAO may assign its rights and duties under this Agreement to any party at any time without notice to you and/or your approval.

H. Headings

The section titles in this TOS Agreement are for convenience only and have no legal or contractual effect.

I. Notices

If you have questions or comments regarding this Web Site, please Contact Us.