ACCEPTANCE OF TERMS
COPYRIGHT AND TRADEMARKS
The Content of the Site, including, but not limited to, all text, graphics, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, specifications, literature, technical information, advertisements and other content or materials located on the Site is owned by the Foundation or third parties with all rights reserved unless otherwise noted.
The Site includes the display of various trademarks, service marks and/or registered trademarks of the Foundation in the United States and certain other jurisdictions. The Foundation’s name and imprimatur and all related trademarks, design marks, and slogans are the trademarks or service marks of the Foundation. You are not authorized to use any Foundation name or mark in any advertising, publicity, or in any commercial or other manner except as permitted pursuant to any trademark use policy adopted by the Foundation and posted on the Site, or with the express prior written consent of the Foundation.
USE OF SITE AND CONTENT
The Content may be used solely for personal, professional, informational, internal, and non-commercial purposes.
- (b) The Content may not be modified or altered in any way.
- (c) You may not remove any copyright, trademark, or other proprietary notices contained in any of the Content.
- (d) The rights granted to you constitute a limited license and not a transfer of ownership or title.
- (e) You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Content, use of the Content, or access to the Content.
The rights specified above to view, download and print the Content available on this Site are not applicable to the design and layout of this Site. Elements of this Site are protected by “trade dress” and other laws and may not be copied or imitated in whole or in part.
You further agree not to:
- (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works based upon, frame in another Web page, use on any other website, transfer or sell any information, lists of users, databases or other lists, products or services provided through or obtained from the Site, including without limitation, engaging in the practices of “screen scraping,” “indexing,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information; such as the use of internet robot or spider software to extract data or content from the Site, except with the express written permission of the Foundation;
- (b) damage, disable, overburden or impair the Site or interfere with any other party’s use or enjoyment of the Site; and
- (c) obtain or attempt to obtain any materials or information through any means not made readily accessible by the Foundation through the Site.
LINKING TO SITE
By creating a link to the Site, you agree that:
- (a) you will not employ any technology that results in the placement of Content from the Site in a frame or a reduced pop-up window or any other display mechanism which changes the appearance of the Site from how it would appear if a user typed the URL in a typical browser line;
- (b) your website will not display content or link to other websites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive;
- (c) you have duly registered your domain name and possess all rights necessary to use the same; and
- (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the Site.
The Foundation reserves the right to revoke your permission to create a link at any time in its sole discretion, and if so requested by the Foundation, you will immediately remove and cease using the link to the Site.
DISCLAIMER OF WARRANTIES
You understand and agree that your use of, and reliance upon any and all of the Site or Content is at your sole risk and is made available on an “as is” and “as available” basis. The Foundation makes no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness, or timeliness of the Site or Content. THE FOUNDATION expressly disclaims, and you unequivocally release, all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
LIMITATION OF LIABILITY
In no event shall THE FOUNDATION be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to access or use the Site or related CONTENT, the provision of or failure to provide CONTENT, or for any content AND products made available or obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if the foundaiton has been advised of the possibility of such damages.
As described above, this Site may contain links to third-party web sites that are not under the control of the Foundation. The Foundation makes no representation whatsoever about any other web site to which you may have access through this Site. When you access a non-Foundation website, you do so at your own risk and the Foundation is not responsible for the accuracy or the reliability of any information, data, opinions, advice, statements, materials or quality made on these sites or for the quality of any Content or products available on such sites.
The Foundation provides these links merely as a convenience and courtesy to you and the inclusion of such links does not imply that the Foundation endorses or accepts any responsibility for the content or uses of such websites.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by the Foundation from its offices within the Commonwealth of Kentucky, United States of America.
By accessing this Site, you and the Foundation agree that all matters relating to your access to, or use of, this Site shall be governed by the laws of the Commonwealth of Kentucky, without regard to the conflicts of laws and principles thereof. You and the Foundation also agree and hereby submit to the exclusive personal jurisdiction and venue of the state Circuit Court of Fayette County, Kentucky, and the United States District Court for the Eastern District of Kentucky at Lexington, Kentucky with respect to such matters.
The Foundation makes no representation that the Content available on this Site are appropriate or available for use in other locations and accessing them from territories where the contents are illegal or otherwise impermissible is prohibited. Those who choose to access this Site from other locations do so on their own initiative and peril and are responsible for compliance with local laws.
ADJUDICATION OF DISPUTES, FORUM, WAIVER OF RIGHT TO JURY TRIAL
In the event that any dispute arises between you and the Foundation whether under the terms hereof or as a result of any action taken by the Foundation or you as a result or consequence of your submitting an application, your use of the Site or any documents or materials you downloaded, viewed or referred to on the Site, or by reason of any application, request for information or other contact between you or a representative of yours and the Foundation or any representative of the Foundation, the Foundation, you and the Foundation expressly agree to waive and hereby waive any rights you each may have to a trial by jury of any and all issues arising in any action or proceeding between you and the Foundation or their respective successors, representatives, or heirs.
In addition, any claim, dispute, or controversy (“claim”) by you or the Foundation against the other shall be resolved in an appropriate court of law located in Fayette County, Kentucky, as described above. Nothing herein is designed to create or grant you or the Foundation any rights that you or the Foundation may not already have.
When you visit the Site, the Foundation may use “cookies” to track your visit. A cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card, recording your passwords and preferences.
Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it.
DESIGNATED AGENT FOR NOTICES OF COPYRIGHT CLAIMS
Notifications of claimed copyright infringement and counter-notices must be sent to the Foundation’s designated agent:
Warren P. Newton, MD
1648 McGrathiana Parkway, Suite 550
Lexington, KY 40511
The Foundation’s designated agent will respond expeditiously to claims of copyright infringement committed that are reported to the Foundation’s designated agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to materials hosted in the United States, these notices must include the required information set forth under the DMCA.