Terms of use

The Terms of Use (“Terms”) constitute an agreement between you and Avalanche Biotechnologies, Inc. (“Avalanche”) that will govern your use of colorvisionawareness.com (the “Site”) and all material available on it. The Site is an informational website provided by Avalanche.

Acceptance of These Terms

Before accessing the Site, please read the following terms and conditions carefully. These Terms govern your access and use of the Site and any products, services, information, or other materials available on or through the Site. By accessing this Site, you agree that you have read, understood, and agreed to these Terms and that you understand any personal information you provide may be handled as provided in our Privacy Policy. If you do not agree to these Terms, you may not access or use the Site. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Avalanche.

Not Medical Advice

The Site is intended for general informational purposes only and does not substitute for discussions with, or evaluations from, qualified health care professionals. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. If you think you may have a medical condition, you should seek the advice of your physician or another qualified health care provider. Avalanche does not recommend or endorse any specific tests, treatments, products, procedures, health care providers, opinions, or other information that may be mentioned on the Site. Although Avalanche may seek participants for potential future research study opportunities regarding colorblindness, the potential to participate should not cause you to forgo needed attention to medical issues.

Your Rights to Use the Site

Subject to your compliance with these Terms, Avalanche grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Site and any products, services, information, or other materials available on or through the Site, subject to the limitations described in the remainder of this section and elsewhere in these Terms.

The rights granted to you in the paragraph above and elsewhere in these Terms are subject to the following limitations:

  • • You agree to use the Site and any products, services, information, or other materials available on or through the Site only for lawful, personal, and informational purposes. You agree that you will not use any resource made available on the Site in any manner that is malicious or that violates any applicable local, state, national, or international law, or the intellectual property or proprietary rights of any third party;

  • • You agree not to copy, reproduce, distribute, display portions of, or link to the Site or any products, services, information, or other materials available on or through the Site for commercial purposes without the prior express written consent of Avalanche;

  • • You agree not to post on or transmit onto the Site (including the Registry, as defined in the Privacy Policy) any information that you know to be untrue, that is unlawful, fraudulent, threatening, malicious, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful, or that contains or links to a virus, bug, worm, malware, Trojan horse, or other harmful or disruptive element;

  • • You agree not to use any automated tool, such as a web scraping tool, a bot or web robot, or web automation, to mine the Site or any products, services, information, or other materials available on or through the Site for information or to fill out forms on the Site (including the Registry), that you will not circumvent any technical measures implemented to prevent or limit such access, and that you will comply with the restrictions in any robot exclusion header; and

  • • You will not circumvent or attempt to circumvent any security or access control technology implemented on the Site, or any servers, network or associated systems or physical premises operated by or for the benefit of Avalanche.

  • Avalanche reserves the right to view, monitor, and record activity on the Site without notice or permission. We may monitor use to optimize the site, understand what is of interest to visitors, and otherwise to enhance the operation of the site, assure its availability, and prevent misuse of the Site. Any information obtained by monitoring, reviewing, or recording activity on the Site is subject to review by us or on our behalf as well as by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. Avalanche will comply with all court orders involving requests for such information.

Intellectual Property

The materials used and displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, and sound, and names, logos, trademarks and service marks, are the property of Avalanche or its affiliates or licensors and are protected by copyright, trademark and other laws. Any and all such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the written consent of Avalanche.

The terms Avalanche Biotechnologies, Color Vision Awareness, colorblindawareness.com, and other Avalanche trademarks and services marks, as well as all associated logos, related names, product and service names, designs, and slogans are trademarks of Avalanche or its affiliates or licensors. You may not use such marks without the prior written consent of Avalanche. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

If you believe the Site and/or any products, services, information, or other materials available on or through the Site infringe your copyright, you may request removal of those materials from this Site by contacting Avalanche by mail at

Avalanche Biotech
Attn: Color Vision Awareness website administrator
1035 O’Brien Drive

and providing the following information:

  • • Your name, address, telephone number and e-mail address;

  • • An identification of the copyrighted work that you believe to be infringed. Please fully describe the work and, wherever possible, include a copy or the location of an authorized version of the work;

  • • A statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law;

  • • A statement that the information that you have supplied is accurate and that, “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and

  • • A signature or the electronic equivalent from the copyright holder or authorized representative.

Third-Party Content and Links

Some of the information or other materials available on or through the Site may have been prepared by third parties not affiliated with Avalanche. Avalanche makes no warranties with regard to such information or other materials, nor does Avalanche assume any responsibility or liability for any decisions based upon such information or other materials or for any use of such products.

The Site may include links to sites and services not provided by Avalanche. Your interaction with these sites and services will be subject to the terms (including privacy policies) established by such sites or services. Avalanche is not responsible for, and does not endorse or warrant in any way, any materials, information, goods, or services available through or advertised on such sites or services, or the privacy or other practices of such sites or services.

Security

Use of certain portions of the Site requires that you create and maintain a username and password (collectively “Account Credentials”). You will be asked to create unique Account Credentials that may only be used by you. You understand and acknowledge that anyone with knowledge of your Account Credentials may gain access to any information, including your Personal Information, you have stored in the password-protected portion of the Site. You agree to keep your password secret, to notify us if your password is lost or compromised, and to be solely responsible for the confidentiality and use of your Account Credentials.

Termination

Avalanche reserves the right, in its sole discretion, to immediately modify, suspend or terminate the Site and/or any products, services, information, or other materials available on or through the Site, and/or your access to some or all of them without cause and without notice.

Disclaimer of Warranties

YOU UNDERSTAND AND EXPRESSLY AGREE THAT:

YOUR USE OF THE SITE AND/OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE AND ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AVALANCHE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS AND, WITHOUT LIMITATION, DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS IMPLIED BY LAW, CONVENTION, COURSE OF DEALING OR OTHERWISE (INCLUDING ANY WARRANTY OF MERCHANTABILITY) TO THE FULLEST EXTENT PERMITTED BY LAW. AVALANCHE MAKES NO WARRANTY THAT THE SITE AND/OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL OPERATE UNINTERRUPTED OR IN A TIMELY, SECURE, OR ERROR-FREE MANNER, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ACCESSIBLE FROM OR PROVIDED IN CONNECTION WITH THE SITE. AVALANCHE IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. AVALANCHE ENCOURAGES YOU TO SEEK THE ADVICE OF YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTH CARE PROVIDER FOR ANY MEDICAL CONDITION THAT YOU MAY HAVE.

Limitation of Liability

AVALANCHE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, RESULTING FROM (A) THE USE OR THE INABILITY TO USE, OR THE CONTENT INCLUDED IN, THE SITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (C) ANY BREACH OF THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF AVALANCHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions, Avalanche’s liability is limited to the extent permitted by law, thereby minimizing Avalanche’s liability to you to the lowest amount permitted by applicable law.

Indemnification

You agree to indemnify and hold each of Avalanche, its subsidiaries, affiliates, officers, directors, and employees, and any third parties providing content included in the Site, harmless from any claim or demand (including, but not limited to, reasonable legal fees) made by any third party due to or arising out of your use of the Site.

Assignment

Avalanche expressly reserves the right to transfer its rights and obligations under these Terms, in part or as a whole, to another legal entity as part of any sale or merger of all or part of Avalanche Biotechnologies, Inc. with a separate legal entity.

Applicable Law

These Terms will be governed by and construed in accordance with the laws of the State of California, excluding provisions of that would result in choice of the law of another jurisdiction to govern these Terms. Any action to enforce these Terms will be brought in the federal or state courts in and for the State of California, and all parties to these Terms expressly agree to be subject to the jurisdiction and venue of such courts.

Waiver and Severability

No waiver by Avalanche of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Avalanche to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

These Terms are the complete and exclusive statement of the agreement between you and Avalanche concerning the Site and/or any products, services, information, or other materials available on or through the Site. These Terms replace and supersede any prior or contemporaneous oral or written agreement and any other communications between you and Avalanche.

Geographic Restrictions

Avalanche is based in the State of California in the United States. We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Participation in the Registry is strictly limited to persons located in the United States.

Contact Us

If you have questions about these Terms, you may contact us by email at .

Please note that communications made to will not constitute legal notice to Avalanche, its officers, employees, agents, or representatives.

Changes to These Terms

Avalanche regularly reviews these Terms and may revise or update them at our sole discretion. Changes to these Terms become effective immediately upon their posting on the Site and your continued use of the Site following the posting of revised Terms represents that you have read, understood, and agreed to the changes. The most recent version of this Policy will be maintained on the Site.

These Terms are current as of July 7, 2015.