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Terms of Use
TERMS OF USE

Welcome, and thank you for visiting Eye to Eye's website. We are happy to provide this website along with the services and information available in it as part of our mission to empower children and adults labeled with LD / ADHD. In consideration of your use of the site, you agree to Eye to Eye's Privacy Policy and the following General Terms of Use. This website is comprised of various documents and web pages created and maintained by Eye to Eye. References to the term "Site" always include, regardless of whether specifically mentioned, any and all information, content, and services available via this Site. This Site is subject to the following website Terms of Use and Policies.


ACCEPTANCE OF TERMS OF USE

Please read these Terms of Use carefully. From time to time and at its sole discretion, Eye to Eye reserves the right to change these Terms of Use for any reason, with or without notice to you. Any updates or changes to the Terms of Use Policy will be posted here on our Site and the date of the newest version posted below. Your continued use of this Site will mean acceptance of any changes we make to the Terms of Use. If you do not agree to the Terms of Use, please do not use this Site and exit from this Site immediately. By using this Site (including the use of any information, content, or services available via this Site), you agree that you have read, understood and agree unconditionally to be bound by these Terms of Use.


COMMUNICATION AND PRIVACY

Eye to Eye is the sole owner of this Site. If you have any questions about our Site terms of use and policies, you may contact us or write at Eye to Eye National, 1430 Broadway FL 6 New York, NY 10018. Your privacy is important to us. To better protect your privacy we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used. By agreeing to this Terms of Use, you also have signified assent to Eye to Eye's Privacy Policy.


ACCURACY OF INFORMATION

Although Eye to Eye makes reasonable efforts to ensure that the information provided through this Site is current and accurate, Eye to Eye makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information, and Eye to Eye makes no commitment and disclaims any duty to update such information. In addition, Eye to Eye permits third parties to provide testimonials and information and, in certain situations, create personal homepages for fundraising or networking purposes. Eye to Eye may also from time to time post articles or other information provided by third parties that we believe might be of benefit or interest to our users. You acknowledge that the opinions and recommendations of third parties contained in this Site are not necessarily those of Eye to Eye or endorsed by Eye to Eye. All information is provided "as is" without any representation, warranty or condition as to its accuracy or reliability.


USE OF THIS INFORMATION

You may use this Site for lawful purposes only and in accordance with these Terms of Use. You are prohibited from transmitting to or through this Site, or linking to or from this Site, (i) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, pornographic, hateful, or racially, ethnically or otherwise objectionable material, or (ii) any material that would contribute to a civil or criminal offense, otherwise violates any law, or which infringes on any intellectual property right, or (iii) content that is used in a manner that is contrary to Eye to Eye's public image, goodwill, reputation or mission, or in a manner that is otherwise inappropriate, derogatory or offensive (collectively, "Objectionable Material"), as determined by Eye to Eye in its sole and absolute discretion.


Eye to Eye reserves the right to delete, destroy or otherwise remove (or require you to delete, destroy, or otherwise remove) any objectionable material. You are prohibited from (i) impersonating any person or entity, including, but not limited to a Eye to Eye representative, or misrepresent your affiliation with a person or entity; (ii) upload any materials that you do not have a legal right to make available or that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party; and (iii) Upload any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any material that contains software viruses or the like. You understand and agree that Eye to Eye does not pre-screen materials, but that we and our designees shall have the right in our sole discretion to refuse or remove any materials posted to the Site.


INTELLECTUAL PROPERTY

The compilation of information on Eye to Eye's Site, including, without limitation, (i) the content, (ii) the design and layout of this Site, and (iii) all text, web pages, graphics, pictures, images, audio clips, video, testimonials, letters, articles, and other written materials found on this Site is protected by copyright and other proprietary and intellectual property rights of Eye to Eye or third party licensors. No portion of this Website may be reproduced, displayed, downloaded (including without limitation, any pictures or images), or used in any form, or by any means, without prior written permission from Eye to Eye. Information copyrighted or owned by any individual or entity other than Eye to Eye is for personal use only.


FORUMS AREAS

By using the Forums Area, you signify your agree to this Site's Terms of Use. Information shared in Forums Area are not reviewed by Eye to Eye. These sites are provided for you to share personal experiences about your learning differences and/or participation with a Eye to Eye program. Eye to Eye cannot be held liable for any recommendations made by users and visitors to our Site or the Forums Areas. If you are aware of a copyright violation, please contact us.

Protecting the privacy of the very young is especially important. For that reason, children under age 13 are prohibited from entering Forums Areas. Eye to Eye adheres to the 1998 Children's Online Privacy Protection Act (COPPA). For more information, visit the Federal Trade Commission's COPPA site, http://www.ftc.gov/ogc/coppa1.htm.

If you participate in the Forums Area within the Eye to Eye Site, you cannot:

  • Participate if you are under the age of 13.
  • Advocate illegal activity or discuss illegal activities;
  • Post or distribute any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, pornographic, hateful, or racially, ethnically or otherwise objectionable materials to any other person or entity as determined by Eye to Eye its sole discretion;
  • Advertise, sell to or solicit others or use forums for commercial purposes of any kind;
  • Make any harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, pornographic, hateful, or racially, ethnically or otherwise objectionable statements;
  • Post or distribute any software or other materials that contain a virus or other harmful component;
  • Post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
  • Use forums for any purpose in violation of local, state, national, or international laws;
  • Post or distribute any material that infringes and/or violates any right of a third party or any law, including the intellectual property rights of others or the privacy or publicity rights of others; Continue to post comments after receiving a warning; Post chain letters or pyramid schemes; Impersonate another person;
  • Harvest or otherwise collect information about others, including email addresses, without their consent;
  • Allow any other person or entity to use your identification;
  • Post the same note more than once or "spam"; or
  • Engage in any other conduct that restricts or inhibits any other person from using or enjoying forums of the Site, or which, in the judgment of Eye to Eye, exposes Eye to Eye or any of its customers or suppliers to any liability or detriment of any type.

You are solely responsible for your own communications within the forums area, the consequence(s) of posting these communications and your reliance on any communications found in the forum areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. Eye to Eye cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.


Eye to Eye reserves the right (but is not obligated) to do any or all of the following:

  • Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
  • Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use;
  • Terminate a user's access to the Forums Area and/or the Eye to Eye Site upon any breach of these Terms of Use; or
  • Monitor or disclose any communication in the Forums Area.
  • Eye to Eye reserves the right to remove postings from any Forums Area at any time and for any reason. Eye to Eye reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. However, Eye to Eye assumes no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.

TERMINATION OF USE

You agree that Eye to Eye, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any materials within the Site, for any reason. Eye to Eye may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision hereof may be effected without prior notice, and acknowledge and agree that Eye to Eye may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Eye to Eye shall not be liable to you or any third-party for any termination of your access to the Site.


DISCLAIMER OF LIABILITY

Eye to Eye and their respective agents and representatives, both individually and collectively, make no representations with respect to the contents hereof and specifically disclaim any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application or purpose. The material provided on the Eye to Eye Site is designed for educational and entertainment purposes only.


This site contains general information and may contain errors, omissions or inaccuracies. This site is provided "as is" and "as available" and is being used by you strictly at your sole risk. Eye to Eye makes no representations or warranties about (i) the suitability, reliability, availability, timeliness or accuracy of this site or the information, content or services available on or through this site, (ii) errors or omissions that may be contained in this site, (iii) or that this site, the information, content, or services available on or through this site, or the server that makes each of these available, is free of viruses or other harmful elements. All such warranties are hereby expressly disclaimed.


In no event shall Eye to Eye, its agents, or any third parties mentioned on the site be liable for any special, indirect, punitive or consequential damages (including, without limitation, incidental and consequential damages resulting from loss of use, data, revenue, or profits), whether resulting from the use or inability to use the site or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Eye to Eye is advised of the possibility of such damages. You hereby agree that you will indemnify, defend, and hold harmless Eye to Eye and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or you inability to access or use, this site, including any information or material viewed or downloaded from this site or another website to which it is linked that appear to you or are construed by you to be obscene, offensive or defamatory.


SOME STATES DO NOT ALLOW CERTAIN EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS WITH RESPECT TO WARRANTIES MAY NOT APPLY TO YOU. OTHER STATES DO NOT ALLOW CERTAIN LIMITATIONS OR EXLUSIONS OF LIBALBLITY FOR INCIDENTIAL AND CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION OR LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT, SHALL EYE TO EYE'S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH THIS SITE AND ANY AND ALL INFORMATION, CONTENT AND SERVICES AVAILABLE VIA THIS SITE, HOWEVER ARISING, EXCEED A MAXIMUM OF $10.00.


GOVERNING LAW AND JURISDICTION

Eye to Eye is a 501(c) 3 organization located in the United States of America. Access to this Site and any and all information, content and services available via this Site is governed by all applicable federal, state, provincial and local laws, and, in the case of users resident outside of the United States, you may also be subject to additional laws of the country where you reside. You are responsible for compliance with the laws of your jurisdiction and any other applicable law.


This Site is controlled by Eye to Eye, which is headquartered in New York, New York, United States of America. The Site can be accessed from all 50 states, as wells as from other countries around the world. Since each of these places has laws that may differ form those of New York State, by accessing this Site, you agree that the statutes and laws of the State of New York, without regard to conflicts of laws principals thereof, will apply to all matters arising from or relating to use of this Site, or any information, content or services available via this Site.


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