Terms of Use

ACCEPTANCE OF TERMS

The ABFM Foundation, Inc.  (“Foundation”) makes available for your use on this website (the “Site”) information, documents, links, and other content (the “Content”), subject to the terms and conditions set forth in these Terms of Use.  In these Terms of Use, “you” refers to the person using or accessing the Site.

Your access or use of this Site constitutes your acceptance of these Terms of Use.

The Foundation reserves the right to change or modify these Terms of Use from time to time at its sole discretion, without advance notice.  Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use or access.

If you breach any of the Terms of Use, your authorization to use this Site terminates and you must immediately destroy any Content downloaded or printed from the Site.

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.

All Content (as well as the organization and layout of the Site) are owned and copyrighted or licensed by the Foundation, its affiliates or its third-party vendors. You may download and/or copy information from the Site for your personal use only as provided below in “Use of Content,” provided that each copy includes any copyright, or trademark notice, or attribution as they appear on the pages copied. The Content may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, except as provided in these Terms of Use without the express written permission of the Foundation. You may not use any Content in any manner that may give a false or misleading impression or statement. Nothing on the Site shall be construed as conferring any license of any intellectual property rights, whether by estoppel, implication or otherwise.  Any unauthorized use or modification of the Content constitutes an infringement of the copyrights and other proprietary rights of the Foundation or the other owner(s) of such rights.

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

Except as otherwise indicated elsewhere in these Terms of Use or on this Site, you may view, download and print the documents, information and other Content available on this Site, subject to the following terms and conditions:

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.

You agree that the Foundation may at any time terminate your access to and use of the Site, or any part thereof, with or without notice, based on the Foundation ‘s determination, in its sole and absolute discretion, that you have violated these Terms of Use, or that other conduct or circumstances exist which warrants such action. You further agree that use of the Site and access to the Content shall be immediately terminated if you violate these Terms of Use. In addition, the Foundation reserves the right, in its sole discretion, to modify or discontinue access to Content, or any portion thereof, with or without notice, and without liability to you.

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.

Any Content made available or obtained through the use of the Site, and all other use of the Site, is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.  If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site.

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.

INDEMNIFICATION

You agree to indemnify and hold the Foundation, its affiliates, directors, officers, employees, agents, and its third-party vendors and contractors, harmless from any and all claims, demands and damages, including, but not limited to, reasonable attorneys’ fees and litigation expenses, made by any third-party due to or arising out of (i) any data or content submitted, posted, or otherwise provided by you to the Site or to the Foundation, (ii) any breach by you or your affiliates, employees, agents or representatives of these Terms of Use; or (iii) your use of the Site.

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.

You agree that the Foundation may seek injunctive relief as a remedy for any breach of these Terms of Use, infringement, or other violation of the rights of the Foundation, in addition to any other legal or equitable remedies available to the Foundation.

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.

USE OF COOKIES

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.

For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies may not be able to access those pages. You need to be aware of the use of cookies and make a decision available to you on that basis

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
President

ABFM Foundation
1648 McGrathiana Parkway, Suite 550
Lexington, KY 40511

Phone: 877-233-7437
Fax: 859-335-7516
Email: [email protected]

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.

SEVERABILITY

If any provision of these Terms of Use are held to be illegal, invalid, or unenforceable under the present or future laws effective, such provision will be fully severable; these Terms of Use will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of the Terms of Use; and the remaining provisions of these Terms of Use will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from the Terms of Use. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there will be added automatically as a part of these Terms of Use a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.

NO WAIVER

Any failure by the Foundation to strictly enforce any provision of these Terms of Service shall not be considered a waiver of any such provision, and any waiver by the Foundation of any breach of these Terms of Use shall not operate as a waiver of any succeeding breach.