A. COPYRIGHT STATEMENT
Copyright © HelpMeSee, Inc.
HelpMeSee, Inc. reserves all copyrights on material on its webpages.
HelpMeSee, Inc. offers information online essentially for the benefit of individuals and organizations interested in its efforts to eliminate cataract blindness and promote Manual Small Incision Cataract Surgery (MSICS) as a high quality and cost effective solution.
All material on webpages under the domain www.helpmesee.org is, unless otherwise stated, the property of HelpMeSee, Inc. These materials are protected by copyright and other intellectual property laws. Information received through this website may be displayed, reformatted, and printed for your personal, noncommercial use only. You may not reproduce or retransmit the materials, in whole or in part, in any manner, without the prior written consent of HelpMeSee, Inc.
Requests for permission to reproduce or distribute materials available through this website should be emailed to firstname.lastname@example.org.
HelpMeSee, Inc. copyrights include all material on its webpages, including photographs and graphic designs.
The use of HelpMeSee, Inc. material for any purpose, including repackaging in hard copy or compilation for CD-ROM or any other electronic media, is prohibited without prior written permission.
The unauthorized use of the HelpMeSee, Inc. name and logo is against international law and is expressly forbidden.
DISCLAIMER OF WARRANTIES AND LIABILITY
HelpMeSee, Inc. makes every effort to ensure the quality of the information on its website. Because of the number of possible sources of information available through this website, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions, or inaccuracies in such information. HelpMeSee, Inc. cannot warranty the information on webpages as accurate, complete, current, or fitness for a particular purpose of the information available through this website. In addition HelpMeSee, Inc. cannot guarantee that this website will be error-free or continuously available.
WORLD WIDE WEB LINKS TO THIS SITE
You are free to establish a hypertext link to this site from your home page, so long as the page containing the link properly attributes the linked site to HelpMeSee, Inc. and does not state or imply any sponsorship of your site by HelpMeSee, Inc. Without the prior written consent of HelpMeSee, Inc., you may not create a link to this site that incorporates or relies upon, in whole or in part, any content from any page on this website, or that incorporates any copyrighted or otherwise intellectual property of HelpMeSee, Inc.
B. HELPMESEE, INC. WEB LINKING AGREEMENT
HelpMeSee, Inc. welcomes links to its website (the “Site”) from any website meeting the criteria specified in this agreement. If you choose to link to www.helpmesee.org, you must agree to all of the terms and conditions for linking set forth below. If you do not agree to abide by these terms and conditions, do not establish a link to the Site. By establishing a link to the Site, you will be deemed to have agreed to all of the terms and conditions set forth below.
TERMS AND CONDITIONS FOR LINKING TO WWW.HELPMESEE.ORG
The Site is provided by HelpMeSee, Inc. (“We,” “Our,” or “Us”) and may be used for informational purposes only. The terms and conditions set forth herein govern your access to or any link that you establish to the Site. Your access or link to any portion of the Site constitutes your assent to be bound by all of these Terms and Conditions of Linking.
Subject to these Terms and Conditions, HelpMeSee, Inc. grants you a non-exclusive, non- transferable, limited, revocable and royalty-free license to provide a hypertext reference link (“Link”) to the initial, top level display of the Site, as identified by the Uniform Resource Locator (“URL”) www.helpmesee.org, solely for non-commercial purposes and only for the purpose of linking your website to the Site.
We grant you a non-exclusive, non-transferable, limited, revocable and royalty-free license to use our name solely for the purpose of creating and describing the Link. You shall properly and accurately display our name in connection with any display and description of the Link visible on your website. However, our name shall not be the most prominent trademark on your website. Except for this limited license to use our name, you may not use or modify our name, logo, or use any of our other trademarks or service marks for any reason whatsoever without our prior written consent.
RESTRICTIONS AND LIMITATIONS
You agree that you will not: (a) display or use a Link in a manner that causes the Site or any portion of its content to display within a frame or otherwise alters the visual presentation of the Site; (b) display or use a Link in a manner that causes the Site to be associated with any advertising or sponsorship not part of the Site or otherwise incorporate any of the content of the Site into a third-party website; (c) display or use an inline link to any information file contained in the Site; (d) alter, block or otherwise prevent display of any content of the Site; (e) link to the Site through any other URL or mirrored site; and/or (f) link to the Site if, to a reasonable person, your site may be obscene, defamatory, harassing, grossly offensive, or malicious to any person of any age.
In addition, you agree that you will not: (a) state or imply that HelpMeSee, Inc. endorses you or your products or services; (b) state or imply that there is any relationship between HelpMeSee, Inc. and you, without our prior written consent; or (c) misrepresent the nature of your relationship with us or present false or misleading information concerning the Site or the services performed by HelpMeSee, Inc.
You expressly agree that the establishment of any Link to the Site is at your sole risk. Neither HelpMeSee, Inc., nor its affiliates, nor any of our or their officers, directors, trustees, employees, volunteers, agents, third party content providers, sponsors, licensors (“Providers”) or the like warrant that the Site will be uninterrupted or error free; nor do we or they make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability or currency of any content, information, product or service provided through the Site.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE and THE SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HELPMESEE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT THE MATERIALS ACCESSIBLE ON OR THROUGH THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS AND HELPMESEE, INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF SUCH MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINION, STATEMENT OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. HELPMESEE, INC. RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PART OF THE SITE, AND HELPMESEE, INC. MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS ACCESSIBLE ON OR THROUGH THE SITE, AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
HELPMESEE, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING FROM THE ESTABLISHMENT OF ANY LINK TO OR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY HELPMESEE, INC. NOR ITS AFFILIATES, NOR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, VOLUNTEERS, AGENTS, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON SUCH INFORMATION OR ADVICE.
Under no circumstances shall HelpMeSee, Inc. or any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Site. You hereby agree that this paragraph shall apply to all information, services and products available through the Site. Because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent allowed by law.
You agree to indemnify, defend and hold harmless HelpMeSee, Inc., its directors, trustees, officers, employees, attorneys, volunteers, agents and representatives from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials included on your website infringe or otherwise violate the copyrights, trademark, trade secret or other intellectual property or other proprietary rights of any third party; and (iii) your activities in connection with this Site. Your obligations under this paragraph will survive the termination or expiration of these Terms and Conditions.
AVAILABILITY OF SERVICES
Although this Site is available worldwide, not all services offered through this Site are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit the availability of the Site and/or the provision of any service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any product or service that is furnished through this Site, without liability or obligation to you.
The offer of any product or service through this Site is VOID where the offer of such product or service is prohibited.
You agree that the Site, including, without limitation, all content, text, images, software, media and other materials therein, is proprietary to or licensed by HelpMeSee, Inc., is protected under copyright and other intellectual property laws, and may not be reproduced, transmitted, displayed, published or distributed without the express prior written consent of HelpMeSee,
Inc. You do not have the right to use, publish, share, sell or otherwise distribute any data collected with respect to visitors to your website which relates to (a) their clicking on a Link; (b) their use of the Site; or (c) any other information deemed proprietary by HelpMeSee, Inc.
The term for which you may establish a Link to the Site begins on the date you establish the Link. You may terminate the Link at any time. We may terminate your permission to Link to the Site at any time, without notice, for any reason whatsoever. Upon termination, you will immediately: (a) discontinue or disable the Link; (b) remove the Link and our name from your website; and (c) destroy any copies of data from the Site in your possession, custody or control. We reserve the right to terminate permission to Link to the Site with respect to any specific user or group of users at any time, without notice, for any reason whatsoever. You acknowledge and agree that we have the right, at any time and without notice, to add to or modify these Terms and Conditions simply by posting such amended terms herein. Your Link, and any access to, link to or use of the Site shall be deemed to constitute acceptance of such amended terms.
LAW AND DISPUTE RESOLUTION
The laws of the State of New York shall govern this Agreement. Any controversy or claim arising out of or relating to this Agreement, or breach thereof, shall upon written demand of either party served upon the other party, be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Each party shall, by notice to the other party given within ten (10) days of the date of the written demand referred to above, appoint one person to serve as its party-appointed arbitrator. The persons so appointed shall, within twenty (20) days of the aforementioned written demand, jointly select a neutral arbitrator. If any party fails to appoint a person within the said ten-day period, the
other person so appointed shall select the arbitrator.
The parties specifically confer upon the arbitrator the right to direct each of the parties to produce in advance of the hearing whatever documents and other information the arbitrators deem appropriate. Requests for additional discovery shall be governed by and decided in accordance with New York law. The parties agree that the arbitrators shall not have authority to award punitive damages. The arbitration shall take place in New York, NY, unless the parties mutually agree to another location. This paragraph shall survive any termination or expiration of these Terms and Conditions.
The HelpMeSee, Inc. Name and Logo
The HelpMeSee, Inc. name and logo are the exclusive property of HelpMeSee, Inc. Unauthorized use is prohibited. They may not be copied or reproduced in any way without the prior written permission. Requests for permission should be sent to us via email: email@example.com.
Use of the HelpMeSee, Inc. Website
The HelpMeSee, Inc. website is provided by HelpMeSee, Inc. for personal use and educational purposes only. Any other use, including reproduction or translation of anything more than a de minimis portion of the Content of the HelpMeSee, Inc. website, or any use other than for personal or educational purposes, requires the express prior written permission of HelpMeSee, Inc. Requests for permission should be sent to us via email (firstname.lastname@example.org), specifying full details of the proposed use. All Content of the HelpMeSee, Inc. website is protected by law including, as applicable, copyright laws.
The use of particular designations of countries or territories does not imply any judgment by HelpMeSee, Inc. as to the legal status of such countries or territories, of their authorities and institutions or of the delimitation of their boundaries. The mention of names of specific companies or products (whether or not indicated as registered) does not imply any intention to infringe proprietary rights, nor should it be construed as an endorsement or recommendation on the part of HelpMeSee, Inc.
HelpMeSee, Inc. disclaims any liability or responsibility arising from the use of the HelpMeSee, Inc. website or the Content of the HelpMeSee, Inc. website. The HelpMeSee, Inc. members, affiliates, staff and contractors, shall not be liable for any financial or other consequences whatsoever arising from the use of the Content of the HelpMeSee, Inc. website, including the inappropriate, improper, or fraudulent use of such Content.
No representations or warranties of any kind concerning the HelpMeSee, Inc. website are given, including responsibility for any infection by virus or any other contamination or by anything which has destructive properties.
The HelpMeSee, Inc. website may be linked to other websites that are not under HelpMeSee, Inc.’s control. HelpMeSee, Inc. provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or approval by HelpMeSee, Inc. of any website, product or service. HelpMeSee, Inc. does not assume any responsibility or liability in respect of such websites, including, for example, responsibility or liability for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites.
Interactive Parts of the HelpMeSee, Inc. Website
The HelpMeSee, Inc. website may contain bulletin boards, chat rooms, access to mailing lists or other message or communication facilities. The user agrees, when taking advantage of such facilities, not to do any of the following: (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal, moral, or human rights of others (such as rights of privacy and publicity); (b) publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information; (c) upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy) unless the user owns or controls the rights thereto or has received all necessary consents; (d) upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (e) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; (f) falsify the origin or source of software or other material contained in a file that is uploaded; (g) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters; or (h) download any file posted by another user that the user knows, or reasonably should know, cannot be legally distributed in such manner. HelpMeSee, Inc. reserves the absolute right to delete any material posted to the HelpMeSee, Inc. website without notice to the user.
HelpMeSee, Inc. accepts no responsibility or liability in respect of the conduct of any user in connection with such facilities, or for any material submitted by users and carried on the HelpMeSee, Inc. Web Site including, for example, responsibility or liability for the accuracy or reliability of any information, data, opinions, advice or statements made in such material.