The terms and conditions set forth in this agreement (the “Terms”) are a contract between users (“you”) and the Lung Transplant Foundation (“LTF,” “we” or “us”) and apply to the LTF website, located at “lungtransplantfoundation.org” (the “Website”).

You acknowledge that the information on the Website is provided “AS IS” and for general information only. It is not intended as medical advice and should not be relied upon as a substitute for professional consultation with a qualified healthcare provider familiar with your individual medical needs.

You understand and agree that we are not engaged in the practice of medicine, either through the Website or any associated communications, and that the Website is not a substitute for professional medical advice, diagnosis, or treatment. You are encouraged to seek professional diagnosis and treatment for medical conditions. You should never disregard medical advice, delay visiting a medical professional, or deviate from a treatment plan prescribed or recommended to you by your medical professional because of something you have read on the Website. YOU AGREE THAT WE HAVE NO RESPONSIBILITY TO PROVIDE MEDICAL ADVICE OR TAKE ANY MEDICALLY RELATED ACTION IN RESPONSE TO ANY COMMUNICATION OR INFORMATION YOU PROVIDE.

LTF DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON- INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEBSITE, ANY OF THE WEBSITE’S CONTENT, OR ANY MERCHANDISE PROVIDED THROUGH THE WEBSITE OR ON THE INTERNET GENERALLY, AND YOU AGREE THAT LTF SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF ALL CONTENT PROVIDED THROUGH THE WEBSITE OR ON THE INTERNET GENERALLY. LTF DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE WEBSITE AND THE CONTENT MADE AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LTF DISCLAIMS ALL WARRANTIES.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY YOURS.

LTF shall also have no liability whatsoever for any unavailability of the Website or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages, or any third-party acts or any other outages of web host providers or the internet infrastructure and network external to the Website.

UNDER NO CIRCUMSTANCES SHALL LTF OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, GOOD WILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LTF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT, OR SERVICES PURCHASED OR OBTAINED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (3) UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF LIABILITY IS A PART OF THE BARGAIN BETWEEN THE PARTIES. IF, NOTWITHSTANDING THESE LIMITATIONS, LTF IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT IS IN ANY WAY ASSOCIATED WITH THE WEBSITE OR ITS CONTENT, YOU AGREE THAT LTF’S LIABILITY WILL IN NO EVENT EXCEED $50 (FIFTY DOLLARS). THIS LIMITATION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD LTF HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, COSTS, LIABILITIES, LOSSES, AND DAMAGES OF ANY KIND (INCLUDING ATTORNEYS’ FEES) RESULTING FROM (1) YOUR USE, MISUSE, OR ABUSE OF THE WEBSITE, OR (2) YOUR BREACH OF THESE TERMS. You will cooperate as fully as reasonably required in LTF’s defense of any claim. LTF reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of LTF.

If you have a complaint, question, or dispute (collectively, “dispute”) regarding the Website, you are encouraged to bring it to our attention. You may email us at info@lungtransplantfoundation.org, and we will try to address your concerns. If we are unable to resolve a dispute ourselves, any dispute relating in any way to the Website shall be decided exclusively by binding confidential arbitration in Wake County, North Carolina, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal or state court. Arbitration under these Terms shall be conducted in accordance with the prevailing rules and procedures of the American Arbitration Association, with each party being responsible for its own costs and fees, and the joint costs of arbitration being shared equally by the parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration or claim under these Terms may be joined to any other arbitration or claim, including any arbitration or other legal proceeding involving any other current or former user of the Website, and NO CLASS ACTION PROCEEDINGS WILL BE PERMITTED.

By agreeing to arbitration in these Terms, you understand and agree that you are relinquishing (1) any right to pursue claims or have disputes resolved in a court of law, (2) any right to compulsory discovery, and (3) any right to the appeal of any adverse arbitration decision.

You agree that, regardless of any law or statute, any claim or cause of action you may have against us must be brought within one year after the claim or cause of action arises or is known or should reasonably have been known to you, or the claim or cause of action will be forever barred.

Except for matters of United States federal law governing copyrights, trademarks, and patents, all matters related to the Website will be governed by the laws of North Carolina, without regard to conflict of laws provisions, and you consent to personal jurisdiction in North Carolina state and federal courts and venue in Wake County, North Carolina.

The content displayed on this Website is the intellectual property of the Lung Transplant Foundation. You may not reuse, reprint, or republish such content without our written consent.

You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, on the Website and within its content are owned by LTF or any of LTF’s Mission Partners. Neither these Terms (nor your access to the Website) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights set forth in these Terms. LTF and its suppliers, vendors, and other agents reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

LTF provides external links as a convenience to Website visitors and for informational purposes only. LTF does not endorse or approve any of the content (including products, services, or opinions) present on external websites and bears no responsibility for the accuracy or legality of the content of the external site or subsequent links from an external site. When you select a link to an outside website, you are subject to the privacy, copyright, security, and information quality policies of that website.

We have made reasonable efforts to verify the information on this Website, but we cannot guarantee that there are no mistakes or errors.  LTF may at any time revise or modify these Terms, impose new conditions for use of the Website, or restrict access to some parts of the Website. Such changes, revisions, or modifications shall be effective immediately after posting notice of such changes on the Website. Any use by you of the Website after such notice shall be deemed to constitute acceptance of such changes, revisions, or modifications, whether or not you actually review the Terms.

The Lung Transplant Foundation is a 501(c)3 non-profit organization.
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Disclaimer: This website does not provide medical advice. The information, including but not limited to text, graphics, images, and other material contained on this website are for informational purposes only. No material on this site is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment before undertaking any new health care regimen. Never disregard any professional medical advice or delay in seeking care because of something you have read on this website.

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