The Epilepsy.com website located at www.epilepsy.com (the "Site") is owned by the Epilepsy Therapy Project. Epilepsy.com ("we," "us," or "our") provides access to our website subject to your acceptance of this Website User Agreement ("Agreement").

1. About Us

Epilepsy.com's mission is to inform and empower patients and their families. In furtherance of this goal, Epilepsy.com has developed the Site and is constantly working to build the most comprehensive source of information, tools and interchange available online for patients, practicing neurologists, and for the research and therapy development community.

2. Acceptance of Terms

By accessing or using the Site, you agree to be bound by the terms of this Agreement. We encourage you to review this Agreement periodically for any updates or changes. If you do not accept the terms of this Policy, please do not use this Site.

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. Please consult your physician with any questions or concerns you may have regarding your health.

4. Privacy

You agree that you have read and understand the terms of Epilepsy.com's Privacy Policy, which is incorporated herein. This policy governs the collection, use and sharing of personal and non-personal information from you when using the Site.

5. Conflict of Interest

Authors providing information to Epilepsy.com 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. Articles not attributed to a particular author were written by one or more of the writers listed in the About Us section. None of these individuals have declared any conflict of interest.

6. Risk of Using the Site and the Internet

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 Epilepsy.com 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. User-Generated (Wiki) Content

The epilepsy.com Wiki is a user-generated section within epilepsy.com. Content is not monitored nor consistently reviewed by the epilepsy.com Editorial Board. Epilepsy.com therefore cannot guarantee the accuracy of any content edited with the Wiki sections. While epilepsy.com, the Epilepsy Therapy Project, and its partners encourage visitor interaction and publishing within these sections, users should use caution when exploring content, especially as it pertains to health concerns. No content on epilepsy.com is intended to replace the care of a doctor. We encourage you to contact your own health care provider for individual medical advice. We cannot provide second opinions or make specific recommendations regarding therapy, nor does this Wiki content constitute a recommendation for any diagnosis or treatment options.

9. 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, The Epilepsy 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 Epilepsy.com as noted below. The only exclusion is for materials designated as downloadable files. You may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, 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 Steven C. Schachter, MD, 330 Brookline Ave, K-478, Boston, MA 02215. Please include the subject line "Request for permission to use material from Epilepsy.com" in a prominent location.

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 Epilepsy.com or The Epilepsy Project of the trademark owner, or vice-versa, or that such trademark owner has authorized Epilepsy.com 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 Epilepsy.com and The Epilepsy 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, the Epilepsy Project, or any third party.

10. Links to Other Websites

Any links to other websites are provided merely as a convenience to the users of this Site. Epilepsy.com 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.

11. 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, Epilepsy 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.com 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.

12. Community Guidelines

Welcome to the epilepsy.com community. In order to create the best possible experience for everyone, we ask that you abide by the epilepsy.com Community Guidelines in all of your activities on the Site.

Violations of the Community Guidelines can lead to actions ranging from a warning to suspension or outright termination. We expect all content and activities on the Site, whether generated by epilepsy.com, its partners, or its members, to comply with the Community Guidelines. By content we mean the information, software, communications, images, sounds, and all the material and information that members and others generate on the Site.

We do not pre-screen member-generated content generally, but we reserve the right to remove content that does not comport with the Community Guidelines.

Respect Others

• Do not harass, abuse or threaten another member. If you disagree with someone, respond to the subject, not the person.
• Do not use hate speech. Hate speech is unacceptable, and epilepsy.com reserves the right to take appropriate action against any account using the service to post, transmit, promote, distribute or facilitate distribution of content intended to victimize, harass, degrade or intimidate an individual or group on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation.
• Do not impersonate any person, business or other entity. Doing so in an attempt to deceive, harass, or otherwise mislead another user is forbidden. You may not pretend to be an employee or representative of epilepsy.com.

Know and Abide by the Law

It is your responsibility to know and abide by the law. If you fail to do so, epilepsy.com reserves the right to take any action it deems warranted. You may not publish, post, transmit, promote, or distribute material (including software, photos, sounds and written material) that is illegal or incites illegal activity, or use the Site to conduct illegal activities. We terminate accounts and cooperate with law enforcement on such matters.

13. 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.

EPILEPSY.COM AND THE EPILEPSY PROJECT DO 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. EPILEPSY.COM AND THE EPILEPSY PROJECT DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.

14. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL EPILEPSY.COM, THE EPILEPSY PROJECT, THEIR 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 EPILEPSY.COM, THE EPILEPSY 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 EPILEPSY.COM AND THE EPILEPSY PROJECT'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID TO EPILEPSY.COM, 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 EPILEPSY.COM, THE EPILEPSY PROJECT, AND THEIR AFFILIATES, PARTNERS, CONTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNS, ATTORNEYS AND AGENTS.

15. Indemnification

You agree to indemnify , defend and hold Epilepsy.com, The Epilepsy Project, and their affiliates, partners, contributors, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney's fees) 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. Epilepsy.com 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.com in asserting any available defenses.

16. Policy Regarding Copyright Infringement and Designation of a Copyright Agent

Epilepsy.com's policy regarding copyright infringement and Epilepsy.com'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:

Epilepsy.com respects the intellectual property rights of others and requires those that visit our web site or use our network to do the same. Epilepsy.com 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.com 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.

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.com's copyright agent by written notice. The notice should include the following information:

• An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
• A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
• Identification of the location on our website or network of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
• Your name, address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
• A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.

Epilepsy.com's copyright agents for notice of claims of copyright infringement on this website are William. W. Wilhelm, Jr. and Jonathan S. Frankel who can be reached as follows:

Mail: Swidler Berlin Shereff Friedman, LLP, 3000 K Street, NW, Suite 300, Washington, DC 20007

 

Phone:	Mr. Wilhelm: 202-424-7827 Mr. Frankel: 202-424-7743
Fax:	Mr. Wilhelm: 202-424-7645 Mr. Frankel: 202-424-7743
Email:	Mr. Wilhelm: wbwilhelm@swidlaw.com Mr. Frankel: jsfrankel@swidlaw.com

 

17. System Outages

Epilepsy.com periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Epilepsy.com 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.

18. User Content

Should any User respond to Epilepsy.com any of its employees, agents, partners, contributors, or others through the Site, via e-mail, message boards, or otherwise, with any information including, but not limited to, feedback, questions, requests, opinions, comments, suggestions, or the like regarding the content of any Epilepsy.com document, the Site, or Epilepsy.com services or any other information ("User Feedback"), such information shall be deemed to be non-confidential and Epilepsy.com shall have no obligation of any kind with respect to such information. Epilepsy.com shall be free to reproduce, use, disclose and distribute the information to others without limitation and shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever to the extent not prohibited by law.

You acknowledge, consent and agree that Epilepsy.com may access, preserve, and disclose User Feedback if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any User Feedback violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Epilepsy.com, its users and the public.

You may only post or distribute content that you created or which you have been given permission to post by the owner of such content on epilepsy.com. You may not post or distribute content that is illegal or that violates the terms of this agreement. By posting or submitting content to epilepsy.com, you represent and warrant that (i) you own all rights to this content or are authorized to use and distribute this content on epilepsy.com; and (ii) this content does not and will not infringe any copyright or any other third party right nor violate any applicable law or regulation.

Although you or the owner of the content retain ownership of all right, title, and interest in content that you post on epilepsy.com, by posting such content on epilepsy.com, you grant epilepsy.com, its parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, distribute, modify, adapt and promote this content in any medium.

19. 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.com shall not, in any manner, be responsible or liable for fraudulent purchases, requests or other transactions that are made using your compromised Account Information.

20. 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.com shall have the right to refuse or cancel any orders placed for that product(s) or service(s) listed at the incorrect price. Epilepsy.com 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.

21. Children

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.com through the Site.

22. 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.

23. 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.

24. International Users

Epilepsy.com makes no claims that information on the Site is appropriate or may be downloaded outside of the United States. Access to the Site may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content, notwithstanding sections 21 and 22 above. User personal information ("Information") that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy.

If you are a non-U.S. user, you acknowledge and agree that Epilepsy.com may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site. If you have already provided us with Information, please contact us at EpilepsyCure@aol.com and let us know how you would like us to handle such Information.

25. 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.com, at any time or times, to require performance of any provision hereof shall in no manner affect Epilepsy.com's right at a later time to enforce such provision. No delay or failure by Epilepsy.com 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.com. Epilepsy.com 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.com 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.

26. Headings

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.

27. Updates and Modifications

In its sole discretion, Epilepsy.com 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 webmaster@epilepsytdp.org.

28. Termination

Epilepsy.com 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.

© 1998-2007 The Epilepsy Therapy Project and Epilepsy.com. All rights reserved.