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Terms of Use

This website - www.kpmsfoundation.org - is provided by the Kelly Packowski MS Foundation (“KPMS Foundation”). Your use of this website is conditioned upon your continued acceptance of and compliance with these Terms of Use. By accessing and using the website, you are indicating that you agree to and understand these Terms of Use and have read and understand our Privacy Policy. Please check these Terms of Use periodically for any changes. Your continued use of this website following the posting of any revisions to these Terms of Use will mean you accept those changes. We reserve the right to alter, suspend or discontinue any aspect of the website, including your access to it. Unless explicitly stated, any new features will be subject to these Terms of Use.

No Medical Advice

All of the materials provide on the website, such as text, graphics, photographs, images, advice, messages, and any other materials are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

If you think you may have a medical emergency, call your doctor or 911 immediately. The KPMS Foundation does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this website. Reliance on any information appearing on the website is solely at your own risk.

Restrictions on Use of Materials

Unless otherwise indicated, the KPMS Foundation is the owner of all right, title and interest in the copyright and any other intellectual property rights to the materials on this website, including without limitation all text, graphics, logos, icons, images, audio/visual clips and designs. Additionally, the KPMS Foundation owns all of the trademarks, service marks and logos used and displayed on this website, unless otherwise noted. We hereby give you permission to download and print materials from this website for the sole purposes of viewing, reading, and retaining for reference the materials for non-commercial use. Any other copying, distribution, retransmission, or modification of information or materials on this website, whether in electronic or other form, without our express prior written permission is strictly prohibited. Any unauthorized use of materials contained on this website may violate copyright, trademark and other laws.

Disclaimer

You acknowledge that the website and the content, materials and services available on it are provided on an “as is” and “as available” basis for general information only and without warranties of any kind. The materials on this website are not meant to be used for self-diagnosis or to replace the services of a medical professional. The KPMS Foundation does not make, and disclaims to the extent permitted by law, all express and implied warranties and representations, including but not limited to any implied warranty of fitness for a particular purpose with regard to the website, the website content or materials, or any advice or services provided through the website. The KPMS Foundation does not warrant that access to the website, its materials or services will be uninterrupted or error-free or that defects in the website will be corrected.

Documents, information, text, graphics and other materials appearing at our website may include technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of such documents, information, graphics or other materials is at your own risk.

Limitation of Liability

To the fullest extent permissible pursuant to applicable law, you agree that the KPMS Foundation, its officers, directors, employees and volunteers shall not be liable for any damages (including, but not limited to, direct, indirect, incidental, special or consequential damages), whether based on warranty, contract, tort or any other legal theory, including, but not limited to, damages for loss of data or other damage to any other intangible property arising out of or related to your access or use of, or your inability to access or use, this website or other websites to which it is linked, even if advised of the possibility of such damages. Furthermore, in no event will the KPMS Foundation, its officers, directors, employees and volunteers or any 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. If your use of materials from this website results in the need for servicing, repair of equipment or data, you will assume any costs thereof.

Links to Other Web Sites and Services

To the extent that our website contains links to other websites, outside services and resources, we do not control the availability and content of those websites, services or resources, nor do we necessarily review or endorse materials available at or through such other websites, services or resources. Viewing other websites or utilizing outside services and resources is done at your own risk. Accordingly, we encourage you to be aware when you leave our website and to read the terms and conditions and privacy policy of each third-party website that you visit. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such website, service or resource.

Choice of Law and Forum

These Terms of Use are governed by the laws of the Commonwealth of Massachusetts. Any claim or dispute that arises in whole or in part from your use of the website shall be decided exclusively by a federal or state court of competent jurisdiction located in the Commonwealth of Massachusetts.

Severability and Enforceability

If any provision or portion of these Terms of Use is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms of Use.

General

We may assign, novate or subcontract any or all of our rights and obligations under these Terms of Use at any time.

For More Information

If you have any questions about the Terms of Use or Privacy Policy, please contact us at The Kelly Packowski MS Foundation, PO Box 384, Needham Heights, MA 02494, call us at 1-866-KPMSFND, or email us at info@kpmsfoundation.org.