Disclaimer

This website, located at “copdfoundation.org” (the “Website”), is an informational service offered by the COPD Foundation (“COPD”) at no charge with the express condition that the users of the Website agree to be bound by the terms and conditions set forth in this user agreement (“User Agreement”). COPD reserves the right to change the terms and conditions of this User Agreement at any time, without notice to you, and you must consult the most recent version of this User Agreement each time you view the Website. Use of this Website constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.

This Website is intended solely for users who are thirteen (13) years of age or older and any access to the Website by anyone under 13 is unauthorized, unlicensed and in violation of this User Agreement.

By viewing this Website, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this User Agreement.

Modifications to the Service

COPD reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that COPD shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.

Medical Disclaimer

You acknowledge that the information on the Website is provided “as is” for general information only. Regardless of its source, the information and materials on the Website should not be considered medical advice, should not be used for self-diagnosis, and should not be relied upon as a substitute for regular consultations with qualified health professionals who are familiar with your individual medical history and needs. COPDdoes not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness or efficacy of any of the procedures, programs, materials, products, or other information provided on the Website.

Disclaimer of Warranty

COPD makes no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed. COPD assumes no responsibility or liability for the timeliness, deletion, or failure to provide any information.

Limitation of Liability

You agree that you will indemnify and hold harmless COPD and its affiliates, officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will COPD or the contributors of information to this Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if you have been advised of the possibility of such damages.

External Websites

COPD may provide links on the Website to other websites which are not under the control of COPD. In general, any website which has an address (or URL) which does not contain “copdfoundation.org” is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by COPD of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

Usage of Content

Unless otherwise indicated, all information contained on this Website, such as text, graphics, logos, button icons, images, audio clips is copyrighted by and proprietary to the COPD Foundation or its licensors and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without COPD’s or the licensor’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the website. The user may also make a single copy of the content displayed on any page of the website to be used by the user for personal and noncommercial uses which do not harm the reputation of the COPD, provided that the user does not remove any trademarks, copyright and any other notice contained in such content.

Jurisdiction

This Website (excluding linked sites) is controlled by COPD which is headquartered in the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this Website both you and COPD agree that the statutes and laws of the State of Florida, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website. You and the COPD Foundation also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in and for Miami-Dade County, Florida with respect to such matters. COPD makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.

Hyperlinks from Third Party Websites

COPD encourages and permits text links to content on the Website provided: a) any text-only link must clearly be marked “COPD Foundation;” b) the appearance, position and other aspects of either the link or the website providing the link (“Host Website”) may not be such as to damage or dilute the goodwill associated with COPD’s name and trademarks; c) the appearance, position and other aspects of either the link or the Host Website may not create the false appearance that an entity other than COPD is associated with or sponsored by COPD; d) the link, when activated by a user, must display this Website full-screen and not with a frame; and e) COPD reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement and/or providing notice to the Host Website to remove the link.

COPD is not responsible for the information or materials contained on any Host Website. Links to this Website are provided for convenience of reference only and are not intended as an endorsement by COPD of the organization or individual operating the Host Website or a warranty of any type regarding the Host Website or the information on the Host Website.