If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect. This Agreement constitutes the entire Agreement between you and The Fistula Foundation applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement. Anything on the website inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.
All access to this website is voluntary and at the sole risk of the user. The Fistula Foundation does not warrant the accuracy of any materials on the site or on any other sites linked to or from it. Whereas The Fistula Foundation strives to present timely and accurate information, it makes no representations that this information is free of errors or omissions that may be considered material. The Fistula Foundation does not warrant the completeness or correctness, timeliness or usefulness of any opinions, advice, services, or other materials provided through the website. The Fistula Foundation will not be liable for any decision made or action taken in reliance upon the information provided on the website. Except for information, products or services clearly and specifically identified as being supplied or endorsed by The Fistula Foundation, The Fistula Foundation does not endorse any products or services this website or other websites linked to or from it.
The information contained on or provided by this website is for general educational
and informational purposes only. All material on the website is provided on
an "as is" basis without warranty of any kind, express or implied,
including, without limitation, warranties of title or non-infringement or the
implied warranties of merchantability or fitness for a particular purpose.
The Fistula Foundation is not responsible for any loss or damage resulting
from reliance on the information or other content posted on this site or from
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that the use of this site will be uninterrupted and, although The Fistula Foundation
maintains virus protection on this site, it cannot guarantee that this site
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You may not copy, republish, upload, post, display, transmit, or frame any
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You may link to, view, download, use, display and print copies of the materials
found on this website only for personal, noncommercial and informational purposes
as long as: (1) you do not alter or modify the materials in any way; (2) you
include all applicable copyright, trademark and other notices and disclaimers;
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at a minimum, the following copyright notice: "© 2010 The Fistula
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The Fistula Foundation names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of The Fistula Foundation. All rights are reserved. You are not authorized to use any The Fistula Foundation name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of The Fistula Foundation. All other trademarks appearing on the website are the property of their respective owners.
Jurisdiction and Venue
Information provided on The Fistula Foundation's website is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.
This website is a service provided by The Fistula Foundation and does not constitute any contact with any jurisdiction outside the State of California. Use of this website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the website illegal. Users in such jurisdictions visit and use this website entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive venue and exclusive remedy provisions and the warranty disclaimers.
This Agreement is entered into and performed in the State of California, United States of America. It is governed by and shall be construed under the laws of California, exclusive of any choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the website, each party irrevocably submits to the exclusive personal jurisdiction of the California State District Court sitting in Santa Clara County, California or of the United States Court for the District of California. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts.
Providing Personal Information
Providing information to us is voluntary and the information we collect is used only for the purpose for which it was collected. We do not share your information without your authorization or unless we are required to do so by law.
The Fistula Foundation's website provides secure communication. As long as you are using a Secured Sockets Layer (SSL)-enabled browser such as Microsoft Internet Explorer or Netscape Navigator, information is transmitted over an SSL line. This encrypts your information as it travels over the Internet. The Fistula Foundation stores information on our secure server and uses a firewall designed to block access from the outside.
While we take all reasonable measures to protect the confidentiality of your information, no one can give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information. By submitting information to The Fistula Foundation, you agree that you are aware of these risks. If you do not wish to submit your information electronically, please telephone us at 866-756-3700 or mail a letter request to the following address:
The Fistula Foundation
1900 The Alameda, Suite 500
San Jose, CA 95126
Links to Other Websites
The Fistula Foundation provides links to other websites that provide information or services that may be of help to you. The Fistula Foundation provides these links for your convenience only. It is not responsible for the content of these sites or the programs, agencies, or businesses they describe. The Fistula Foundation does not guarantee that these sites will meet your particular purposes.
Downloadable Files and Email
The Fistula Foundation cannot and does not guarantee or warrant that email or files available for downloading from its website will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. The Fistula Foundation does not assume any responsibility or risk for damage to your computer or its files related to your use of the website.