The Epilepsy.com/professionals website located at www.epilepsy.com/professionals (the "Site") is owned by the Epilepsy Therapy Project. Any person accessing, browsing or otherwise using this Site, either manually or via an automated device or program, shall be considered a "User." The Epilepsy Therapy Project ("we," "us," or "our") provides access to our website subject to your acceptance of this Website User Agreement ("Agreement"). Although accessible by others, the Website and its contents are intended for access and use by U.S. residents.
1. About Us
Epilepsy.com/professionals' mission is to inform and empower patients and their families, doctors, nurses, and other health care providers. In furtherance of this goal, epilepsy.com/professionals has developed the Site and is constantly working to build the most comprehensive source of information, tools and interchange available online for health care providers, and for the research and therapy development community.
2. Acceptance of Terms
3. THE SITE DOES NOT PROVIDE MEDICAL ADVICE
All of the material provided on the Site, such as graphics, photographs, software, text, advice, message, and any other material provided on the Site ("Content") are for informational purposes only and is not a substitute for professional medical advice. The information should not be relied upon as the basis of any health-care decision. Please consult your physician with any questions or concerns you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on the Epilepsy.com/professionals site.
If you think you may have a medical emergency, call your doctor or 911 (in the US or the corresponding emergency number for your country) immediately. Epilepsy Therapy Project does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Epilepsy Therapy Project, our employees, others appearing on the Site at the invitation of Epilepsy Therapy Project, or other visitors to the Site is solely at your own risk.
5. Conflict of Interest
Authors providing information to Epilepsy.com/professionals regarding any commercial product or service (such as a medication, device, or procedure) have been asked to disclose any possible conflict of interest. This request follows the conflict-of-interest guidelines applied to Continuing Medical Education (CME) Programs. The disclosure information is available on request.
6. Risk of Using the Site and the Internet
Epilepsy Therapy Project makes no representations or warranties and assumes no responsibility or liability as to the accuracy, completeness, reliability or usefulness of any information contained on the Site. Further, Epilepsy Therapy Project expressly disclaims any obligation to update or correct information contained on the Site and explicitly disclaims any duty to do so. Epilepsy Therapy Project assumes no liability or responsibility for errors or omissions in the content of the Site. You assume total responsibility and risk for your use of the Site and the Internet. You acknowledge and agree that any uploads or transmission you make to, from or through the Site may be intercepted and used by an unauthorized third party and that all of the risk associated with these activities is solely yours.
7. Downloading Materials From The Site
You understand that the Epilepsy Therapy Project cannot and does not guarantee or warrant that materials available for downloading from the Site, including without limitation links, will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
8. Intellectual Property
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, trademarks, and other information (the "Proprietary Content") is, unless otherwise noted, the property of Epilepsy.com/professionals, The Epilepsy Therapy Project, its affiliates, partners, or contributors. The Proprietary Content is protected by federal, state and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the Site solely for your non-commercial personal use; however, all copyright notices should be retained. No portion of the Proprietary Content may be reprinted, republished, modified, or distributed in any form without the express written permission of The Epilepsy Therapy Project as noted below. The only exclusion is for materials designated as downloadable files. You may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, display, exhibit, perform, distribute, license or create derivative works of any of the Proprietary Content. You may not make any unauthorized copies of any Proprietary Content.
To request permission to use material from the Site, as required by the preceding restrictions, contact email@example.com. Please include the subject line "Request for permission to use material from Epilepsy.com/professionals" in a prominent location.
The prohibitions discussed in the paragraph above, include, but are not limited to, a prohibition on scraping or using any "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site or any data or content found on or accessed through the Site, without our prior permission. In addition, linking to any page other than the Epilepsy.com/professionals home pages (also known as deep linking) is prohibited except when done with our permission.
Certain Proprietary Content may be licensed from third parties and all such third party content and all intellectual property rights related to the third party content belong to the respective third parties. In addition, certain trademarks are the property of their respective third party owners, and the use of trademarks, logos, or brand names in the Site are for identification purposes only, and does not imply an endorsement by The Epilepsy Therapy Project of the trademark owner, or vice-versa, or that such trademark owner has authorized Epilepsy Therapy Project to promote its products, services, or content. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Proprietary Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by the Epilepsy Therapy Project.
Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of Epilepsy.com/professionals, the Epilepsy Therapy Project, or any third party.
9. Links to Other Websites
Any links to other websites are provided merely as a convenience to the users of this Site. The Epilepsy Therapy Project has not reviewed all of these other websites, has no responsibility for the content of such other sites, shall not be liable for any damages or injury arising from any such content, and does not endorse or make any representations about these websites, any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
10. Acceptable and Lawful Use of the Site
Any information provided by you in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any Epilepsy.com/professionals, Epilepsy Therapy Project, or third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Epilepsy Therapy Project or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the Site, including but not limited to unsolicited e-mail, also called spam.
11. NO WARRANTIES
THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
THE INFORMATION CONTAINED ON THIS SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. YOU SHOULD SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER FOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
THE EPILEPSY THERAPY PROJECT 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 SITE, THE SITE CONTENT, ANY ADVICE OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THE EPILEPSY THERAPY PROJECT DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE EPILEPSY THERAPY PROJECT, ITS PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING CONTENT, ADVICE, PRODUCTS OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM: (I) THE USE OF OR INABILITY TO USE THE SITE; (II) ANY INACCURACIES OR OMISSIONS IN THE CONTENT; (III) USE OF THE CONTENT; (IV) THE COST OF PROCURING SUBSTITUTE MERCHANDISE, ADVICE AND SERVICES RESULTING FROM USE OF THE SITE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (VI) STATEMENTS, ADVICE, WARRANTIES, GUARANTEES OR CONDUCT OF THE EPILEPSY THERAPY PROJECT, OR ANY THIRD PARTY ON THE SITE, OR (VII) ANY OTHER MATTER RELATING TO THE USE OF THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, ADVICE, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL THE EPILEPSY THERAPY PROJECT'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID TO EPILEPSY THERAPY PROJECT, IF ANY, FOR THE USE OF THE SITE BY YOU OR $1.00.
BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF THE EPILEPSY THERAPY PROJECT, AND THEIR AFFILIATES, PARTNERS, CONTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNS, ATTORNEYS AND AGENTS.
You agree to indemnify, defend and hold The Epilepsy Therapy Project, and its affiliates, partners, contributors, officers, directors, employees, agents, representatives, business partners, information providers, licensors, and licensees and their respective heirs and assigns (collectively, the "Indemnified Parties") harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney's fees and expenses) resulting from (i) your use of the Site, (ii) your use of, or reliance on the products, services, advice, or information provided through the Site, or (iii) your breach of any provision of this Agreement. The Epilepsy Therapy Project reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Epilepsy Therapy Project in asserting any available defenses. You shall not enter into any settlement agreement that affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.
14. DMCA Policy Regarding Copyright Infringement Claims, Counter-Claims, and Designation of a Copyright Agent
The Epilepsy Therapy Project's policy regarding copyright infringement and Epilepsy Therapy Project's designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:
The Epilepsy Therapy Project respects the intellectual property rights of others and requires those that visit our web site or use our network to do the same. Epilepsy Therapy Project may, in appropriate circumstances and at its discretion, remove or disable access to material on its web site or its network that infringes upon the copyright rights of others. Epilepsy Therapy Project also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our website or users of our network repeatedly infringe on others copyrights, we may in our sole discretion terminate those individuals' rights to use our website and/or network.
Procedures to File a DMCA Copyright Infringement Notice with Us
If you believe that your work has been used on our web site or our network in any manner that constitutes copyright infringement, please notify Epilepsy Therapy Project's copyright agent by written notice. The notice should include the following information:
Epilepsy Therapy Project's copyright agents for notice of claims of copyright infringement on this website are Jonathan S. Frankel who can be reached as follows: Mail: Bingham McCutchen, LLP, 2020 K Street, NW, Washington, DC 20006
Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described above, Epilepsy Therapy Project will notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on our Site. No personal user information is shared with the copyright owner unless required by law.
Procedure to File a DMCA Counter-Claim
If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with our designated agent.
To be effective, a Counter-Claim must be a written communication provided to our designated agent and must include the following information:
15. System Outages
Epilepsy.com/professionals periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Epilepsy Therapy Project shall have no liability whatsoever for the resulting unavailability of the Site 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 Site.
16. Your Account Obligations
Certain sections of the Site may require that you register by providing particular information including a user name and password. In these instances, you agree to: (i) provide accurate and current information about yourself as prompted by the Site (the "Registration Information"); and (ii) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Site, future access to the Site, or any activities related to your registration and account.
You are responsible for maintaining the confidentiality of your user name and password (collectively, "Account Information") and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. Epilepsy Therapy Project shall not, in any manner, be responsible or liable for fraudulent purchases, requests or other transactions that are made using your compromised Account Information.
17. Pricing for Products and Services
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing or product information or otherwise, Epilepsy Therapy Project shall have the right to refuse or cancel any orders placed for that product(s) or service(s) listed at the incorrect price. Epilepsy Therapy Project shall have the right to refuse or cancel any such orders or requests whether or not they have been confirmed and the User's credit card has been charged or other payment has been accepted.
This Site does not knowingly collect any personal information from children under the age of 13. If you are under 13, you agree that you will not provide personal information about yourself to Epilepsy Therapy Project through the Site.
19. Governing Law
This Agreement and access to the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, exclusive of its conflict of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law.
20. Choice of Forum
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Commonwealth of Virginia and of the United States of America located in the Commonwealth of Virginia for any litigation or disputes arising out of or relating to use of the Site and not to commence any litigation relating thereto except in such courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation in the Courts and agree not to plead or claim in any Commonwealth of Virginia Court that such litigation brought therein has been brought in an inconvenient forum.
21. International Users
22. Severability; No Waiver; Assignment; Third Party Beneficiary Rights; Entire Agreement
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by Epilepsy Therapy Project, at any time or times, to require performance of any provision hereof shall in no manner affect Epilepsy Therapy Project's right at a later time to enforce such provision. No delay or failure by Epilepsy Therapy Project in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Epilepsy Therapy Project. Epilepsy Therapy Project may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person who is not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person who is not a party to this Agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Epilepsy Therapy Project and you pertaining to the subject matter hereof and supersede all prior agreements, whether oral or written, and documents regarding your use of the Site.
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
24. Updates and Modifications
In its sole discretion, Epilepsy Therapy Project may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, contact us at firstname.lastname@example.org.
Epilepsy Therapy Project may immediately issue a warning, suspend or terminate your access to the Site for breach of this Agreement (or any other agreement or policy incorporated by reference hereto), or for any other reason in our sole discretion.
© 1998-2013 Epilepsy Therapy Project and Epilepsy.com/professionals. All rights reserved.
© 2013 Epilepsy.com/professionals. All rights reserved.