Last updated: 02/03/2020

Welcome to the Epilepsy Foundation.

The Epilepsy Foundation, a non-profit 501(c)(3) organization ("Epilepsy Foundation", "we", "our", or "us") makes this website and all software, services, extensions, and application programming interfaces related to this website (collectively, the "Site") available to you ("you" or "your") for your use subject to the terms and conditions in this Terms of Use Agreement (the "Agreement"). By accessing or using the Site in any way, you agree to be bound by this Agreement. If you do not accept any of the terms of this Agreement and/or you do not meet or comply with its provisions, you may not use the Site. The disclaimers, terms, and conditions in this Agreement are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, and conditions of specific application that we disclose.

1. Site

1.1. Epilepsy Foundation’s Rights in and to Epilepsy Foundation Materials

Our Site, our systems, our databases, and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software and other technologies and inventions, including any technical or functional descriptions, requirements, plans, specifications, or reports, that are provided or used by Epilepsy Foundation or any subcontractor engaged by Epilepsy Foundation in connection with the Site or otherwise comprise or relate to the Site, the designs of each of the foregoing, and any and all intellectual property rights in the foregoing (collectively, the "Epilepsy Foundation Materials") shall at all times remain the exclusive property of Epilepsy Foundation and its third-party licensors. Any third-party software included in the Site is licensed subject to the additional terms of the applicable third-party license.

1.2. Grant of License

On the condition that you comply with all your obligations under this Agreement, and subject to additional terms of any third-party licenses applicable to third-party software included in the Site, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, right to access and use the Site and Epilepsy Foundation Materials solely for your personal and charitable purposes. We reserve all rights not otherwise expressly granted by this Agreement. If you do not comply with this Agreement, we reserve the right to revoke any license granted in this Agreement and limit your access to the Site. Any use of the Site that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use the Site. You are not acquiring any rights in or to the Epilepsy Foundation Materials other than a non-exclusive right to access and use the Site solely in accordance with the term of this Agreement.

1.3. Modification

We may discontinue or alter any aspect of the Site, restrict the time the Site is available, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. We may also install bug fixes, updates, patches, and other upgrades to the Site without prior notice or liability to you. Your only remedy is to discontinue using the Site if you do not want a modification we make to the Site.

1.4. Removal of Access

Your access to the Site is provided on a temporary basis with no guarantee for future availability. You agree that we may immediately suspend or terminate your access to the Site or any part thereof. Cause for such measures include, without limitation:

  1. breach or violation of this Agreement or other incorporated agreements or guidelines;
  2. discontinuance or material modification to the Site;
  3. unexpected technical or security issues or problems;
  4. extended periods of inactivity; or
  5. your engagement in fraudulent or illegal activities.

You further agree that such measures may be taken in our sole discretion and without liability to you or any third party.

1.5. Defects and Availability

We use commercially reasonable efforts to maintain the Site, but we are not responsible for any defects or failures associated with the Site, any part thereof, any Feedback you provide, or any damages (such as lost profits or any other consequential or indirect damages) that may result from any such defects or failures. The Site may be inaccessible or inoperable for any reason, including, without limitation:

  1. equipment malfunctions;
  2. periodic maintenance procedures or repairs which we may undertake from time to time; or
  3. causes beyond our reasonable control or which we could not reasonably foresee.

You understand that the Site is provided over the Internet, so the quality and availability of the Site may be affected by factors outside of our control. The Site is not intended to be available 100% of the time and we do not make any representations, warranties, or guarantees regarding the reliability or availability of the Site. We do not represent, warrant, or guarantee that the Site will always be completely free of human or technological errors. We will not be liable to you or any third party for damages or losses related to the Site being unavailable.

1.6. Restrictions

You may not:

  1. license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the Site in any way;
  2. copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Site is based;
  3. use the Site or Epilepsy Foundation Content to develop a competing service or product;
  4. use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Site, servers, or networks connected to the Site or take any other action that interferes with any other person’s use of the Site;
  5. decrypt, transfer, create Internet links to the Site, or "frame" or "mirror" the Site on any other server or wireless or Internet-based device;
  6. use or merge the Site or any component thereof with other software, databases, or services not provided or approved by us;
  7. circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to the Site;
  8. use the Site for unlawful purposes;
  9. develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with the Site;
  10. use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for any reason;
  11. access or attempt to access any other user’s account;
  12. use any Epilepsy Foundation Content made available through the Site in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
  13. introduce into the Site any virus, rogue program, Trojan horse, worm or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to or disable, erase, or otherwise harm the Site, or perform any such actions;
  14. introduce into the Site any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of an unauthorized person;
  15. delete, modify, hack, or attempt to change or alter the Site, Epilepsy Foundation Content, or notices on the Site;
  16. connect to or access any Epilepsy Foundation computer system or network other than the Site; or
  17. impersonate any other person or entity to use or gain access to the Site.

We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.

2. Community Guidelines

2.1. Generally

In order to create the best possible experience for everyone, we ask that you abide by the Epilepsy.com Community Guidelines ("Community Guidelines") in all of your activities on epilepsy.com. Violations of the Community Guidelines can lead to actions ranging from a warning to suspension or outright termination from the community group or the Site. The content posted in any section of the Community (forums, article comments, chat rooms, groups posts) does not represent the views or opinions of the Epilepsy Foundation.

2.2. Audience

The community is for people with connections or concerns related to epilepsy and seizures. Users must not generate more than one username without permission from the webmaster or community manager. If more than one person uses the same computer, they should each request individual usernames.

2.3. Conversations

As with most websites, conversations in the general forums and chat room are open to the public and may be monitored; do not expect privacy. Content in closed groups are not open to the public. Content may be reviewed by the Epilepsy Foundation as part of group activities and quality improvement. If you object to content posted in the Community, please notify the Foundation via ContactUs@efa.org. Once brought to the attention of the Epilepsy Foundation, we will take all appropriate action to remove or edit postings. Also, some community members may plan in-person meetings. The Foundation does not sponsor nor endorse any of these meetings and your participation in them is at your own risk. The Epilepsy Foundation does not take responsibility or control of these types of meetings and disclaims any liability for any damages or consequences associated with them.

2.4. Community Forums, Chats, Closed Groups, and Social Media Disclaimer

The community forums, chat rooms, closed groups, comments on articles, and social media sharing are provided as a free service of the Epilepsy Foundation. The community forums, group and chat rooms are created by the Epilepsy Foundation; however, posts within the forums and chat rooms are created by individual users. The Epilepsy Foundation does not provide 24/7 monitoring of the community features. Forum posts may be reviewed periodically. Inappropriate posts may be removed or managed according to the terms of use. Transcripts of chat rooms may be reviewed periodically.

2.5. Rules and Behavior for Groups and Forums

  1. Users of open community forums and chat rooms must be 13 years or over. (see How are children who use the Foundation's website protected?). Users of the Kids Crew closed group may be younger (see group eligibility) with permission and supervision of parent/guardian.
  2. Users must not generate more than one username without express permission from the webmaster or community manager.
  3. Use common sense — do not share phone numbers or emails unless you know who you are talking to. (see How does the Foundation protect my confidential information?)
  4. Content that does not follow the community guidelines can be removed. Violators of the Community Guidelines may receive warnings. They may also be temporarily or permanently banned for a community group. (see Where should I go if I have a question or a complaint about the Foundation's privacy policy and practices?)
  5. Please do NOT use emoticons, icons, text or any items in the groups that move a lot or cause flashing patterns.
  6. Avoid bright or neon colors in text or images.
  7. Text size can be enlarged to enhance visibility by using the zoom feature on a computer or device.
  8. Respect Others. Be polite and considerate. Please don't ask probing personal questions or share information about another member. Talk about yourself and your experiences rather than other people.
  9. Do not give medical advice to another member.
  10. Do not harass, abuse or threaten another member. If you disagree with someone, respond to the subject, not the person. Do not threaten harm to yourself. These actions may result in a temporary ban or termination of your account from a community group and/or the Site.
  11. Do not use hate speech. Hate speech is unacceptable, and the Epilepsy Foundation 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.
  12. Do not impersonate any person, business or other entity. Doing so in an attempt to deceive, harass, or otherwise mislead another user and is forbidden. You may not pretend to be an employee or representative of Epilepsy.com, the Epilepsy Foundation or the Epilepsy Therapy Project.
  13. Do not use the Site to buy, sell or advertise commercial products.
  14. Know and Abide By Our Laws. It is your responsibility to know and abide by the law. If you fail to do so, the Epilepsy Foundation 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.

3. Content and Materials on the Site

3.1. Epilepsy Foundation Content

The Site may include or provide access to information, software, photos, videos, text, graphics, music, sounds, and other material or information provided by us or third parties (collectively, the "Epilepsy Foundation Content") that are protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You understand and agree that these rights in any Epilepsy Foundation Content are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the Epilepsy Foundation Content.

3.2. User Content

The Site may allow you to upload, download, store, or transmit user-generated data or information ("User Content"). By submitting User Content to the Site, you grant Epilepsy Foundation a nonexclusive, worldwide, right and license to use, copy, and display User Content to provide the Site. You further grant Epilepsy Foundation a nonexclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, transfer, sublicense, create derivative works of, and compilations incorporating, User Content on a de-identified, aggregate basis to provide performance improvement, marketing and advertising, and other lawful purposes in connection with the Site.

3.3. User Content Restrictions

You may not upload, post, or transmit any User Content that:

  1. would violate or infringe the proprietary, privacy, publicity, or intellectual property rights of Epilepsy Foundation or any third party;
  2. is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, or harmful to any other person or entity;
  3. violates any applicable law, statute, ordinance, or regulation;
  4. puts in jeopardy the security of your account, Epilepsy Foundation, or the Site; or
  5. promotes or displays any of the following content:
    1. pornography;
    2. violence;
    3. racial intolerance or advocacy against any individual, group, or organization;
    4. profanity;
    5. hacking or cracking;
    6. illicit drugs and drug paraphernalia;
    7. sale of alcohol, tobacco, or tobacco-related products; or
    8. the sale of weapons or ammunition.

We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, and remove any and all User Content from the Service. You understand and expressly acknowledge that by using the Site you may be exposed to content that you find offensive, indecent, or objectionable and that we will not be liable to you or any other person or entity for your consumption of any content on the Site. We cannot and do not assume any responsibility for your use or misuse of Epilepsy Foundation Content, User Content, or any other information transmitted, monitored, stored, or received while using the Site. We reserve the right to amend or delete any Epilepsy Foundation Content (along with the right to terminate or restrict use of or access to the Site) that in our sole discretion violates any of the above. By providing User Content via the Site, you further understand and agree that you do so at your own risk and that we are not responsible for the damage or loss of any such User Content. You agree that we are not liable for any legal violation caused by your use or misuse of Epilepsy Foundation Content or other information transmitted, monitored, stored, or received while using the Site.

3.4. Copyright Infringement

The following agent has been designated to receive notification of claimed infringement of copyright regarding information contained on this website:

President & CEO
Epilepsy Foundation
8301 Professional Place West, Suite 230
Landover, MD 20785-7223
(301) 459-3700

3.5. Feedback

We welcome your comments, feedback, information, or materials regarding the Site or any of our other products or services (collectively, "Feedback"). Your Feedback will become our property upon your submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.

3.6. Links; Third Party Materials

The Site may include links to other websites or resources on the Internet (collectively, "Third Party Materials"). Because we have no control over Third Party Materials, you acknowledge and agree that we are not responsible for the availability of such materials, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Materials or for any privacy or other practices of the third parties operating those websites or providing such materials. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, resulting from your use of or reliance on any such Third Party Materials available on or through any such website or resource. We strongly encourage you to review any separate terms of use and privacy policies governing use of these third-party websites and Third Party Materials.

3.7. Ownership of Intellectual Property

Epilepsy Foundation or its licensors exclusively own all right, title and interest in and to the Site, the Epilepsy Foundation Materials, the Epilepsy Foundation Content, and Feedback, including but not limited to, all ideas, inventions, inferences, discoveries, source and object software code, developments, derivative works, enhancements, upgrades, fixes and patches, formats and processes, and all images, trademarks, service marks, logos and icons displayed or related therein or thereto (collectively, "Epilepsy Foundation IP"). Except as expressly provided herein, you have no right, license, or authorization with respect to any of the Epilepsy Foundation IP. You shall not assert any claims to the contrary or otherwise do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. In the event you are ever deemed to be the owner of any of the Epilepsy Foundation IP, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm Epilepsy Foundation’s right, title and interest in the Epilepsy Foundation IP. Epilepsy Foundation is not transferring or granting to you any right, title, or interest in or to (or granting you any license or other permissions in or to) any Epilepsy Foundation IP. The sole exception of the foregoing reservation of rights is the limited, non-exclusive, and non-transferable authorization explicitly granted in Section 1.2, and which shall automatically terminate upon expiration or termination of this Agreement. Any unauthorized use of any Epilepsy Foundation IP, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Trademarks owned by third parties are the property of those respective third parties.

3.8. You Agree

You agree that you will evaluate and bear all risk related to the use of, or any activities associated with, User Content that you post or provide through the Site. The results of any actions you take based on User Content, Epilepsy Foundation Content, or other content you find on the Site are solely your responsibility. Under no circumstances will we be liable in any way for User Content or for any loss or damage of any kind incurred as a result of the transmission of any of User Content through the Site.

4. Accounts

4.1. Registration

Access to the Site requires you to be registered with us via Epilepsy Foundation-generated registration form. This form will require you to provide certain requested information, including personal information. Upon successful completion of this form, you will be provided with an account and login information including a username and password to successfully complete the registration process. You are the only person authorized to access and use your account. For more information about our collection of personal data about you in connection with account registration on the Site, please review our Privacy Policy.

4.2. Unauthorized Use and Information Changes

You must immediately notify us if your registration information changes or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant you a particular username for any reason, including, without limitation, if we have reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.

4.3. Storing Credentials

The Site may allow you to store your login credentials in your web browser so that you can be automatically logged in each time you access the Site. If someone else has access to your computer or web browser, the automatic login feature will allow that person to have access to your account. You are responsible for any damages to Epilepsy Foundation or the Site resulting from unauthorized access to the Site from your account and we will have no liability to you or any third party for damages or loss related to such unauthorized access or use.

4.4. Confidential Information

If you have shared with us your credit card number in order to purchase an item from our online store or to make a donation to the Foundation, your credit card number is stored on a secure server and is protected by firewalls. The Foundation uses computer encrypted technology to protect your information and this information is kept confidential. The Foundation sometimes contracts with outside vendors and business partners to fulfill customer services and hosting services on the Site. When we do so, we enter into confidentiality and non-disclosure agreements with all vendors stating that they will hold information received through our website confidential and will not sell or share user information to any third party or use the information for their own personal use. You can find more information on the privacy policy related to purchasing from our online store on our online store's website.

5. Access Through Mobile Devices

5.1. Mobile Use

Your contract with your mobile network provider ("Mobile Provider") will continue to apply when accessing or using the Site on your mobile, handheld device ("Mobile Device"). You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using the Site, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third-party charges. You accept responsibility for all mobile provider fees.

5.2. Additional Terms Applicable on the Android Market/Google Play

Epilepsy Foundation and you both agree and acknowledge that neither Google Inc., nor any of its subsidiaries or affiliates ("Google"), are a party to this Agreement, and you will look to Epilepsy Foundation for any recourse, and not Google. You agree to be bound by the then-current Android Market Terms of Uses as found on Google’s website and the Google Play Terms of Uses. You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to our Site. To the extent there is a conflict between any of the terms contained herein and those set forth in either the Android Market Terms of Uses or Google Play Terms of Use, the Android Market Terms of Uses or Google Play Terms of Uses, whichever is applicable, will prevail and govern.

5.3. Additional Terms Applicable to iOS Devices

Epilepsy Foundation and you both agree and acknowledge that neither Apple Inc., nor any of its subsidiaries or affiliates ("Apple"), are a party to this Agreement, and you will look to Epilepsy Foundation for any recourse, and not Apple. You agree to be bound by the then-current Apple Media Site Terms and Conditions as found on Apple’s website. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our Site. To the extent there is a conflict between any of the terms contained herein and those set forth in the Apple Media Site Terms and Conditions, the Apple Media Site Terms and Conditions will prevail and govern.

6. Representations

6.1. General Representations

You hereby represent and warrant that:

  1. you
    1. are over the age of 18 or are the legal guardian of a child under the age of 18; and
    2. have the power and authority to enter into and perform your obligations under this Agreement for yourself or on behalf of your minor child;
  2. all information provided by you to us is truthful, accurate and complete;
  3. you will comply with the terms and conditions of this Agreement and any other agreement to which you are subject that is related to your use of the Site, your Feedback, or any part thereof;
  4. if applicable, you have provided and will maintain accurate and complete information with us, including, without limitation, your legal name, email address, and any other information we may reasonably require;
  5. your access to and use of the Site or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject;
  6. you will immediately notify us in the event that you learn or suspect that the contact information you provided to us has been disclosed or otherwise made known to any other person;
  7. you will not use the Site in order to gain competitive intelligence about us, the Site, or any product or service offered via the Site or to otherwise compete with us; and
  8. your User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party.

6.2. Systems Representations

You represent that you shall, at all times during the term, procure, set up, maintain, and operate in good repair, at your sole cost and expense, all equipment, resources, technology, or systems, including computer hardware and equipment, any Internet access, third-party software, and telecommunications services, necessary for you to access and use the Site (collectively, "Your Systems"). You further represent that in connection with Your Systems, you shall employ all physical, administrative, and technical controls, screening and security procedures, and other safeguards necessary to protect against any unauthorized access to or use of the Site.

6.3. Feedback Representations

In the event you provide any Feedback via the Site, you hereby make the following additional representations and warranties to us:

  1. you are owner of such Feedback or otherwise have the right to grant us the licenses or assignments granted pursuant to this Agreement;
  2. you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments;
  3. the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights;
  4. the use of any Feedback will not result in harm or personal injury to any third party; and
  5. all factual information contained in the Feedback is true and accurate.

7. Disclaimers of Warranty

To the maximum extent permitted by law, the Site is provided "as is" and "as available," and at your sole risk. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement.

Without limitation, we make no warranty that the Site will meet your requirements, that use of the foregoing will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the foregoing or any information or content found on the site will be accurate or reliable, that defects in the operation or functionality of the site will be corrected, that the site and any content or information found on the Site will be virus-free, or that the quality of any information, content, or other materials obtained through the site will meet your expectations.

Any content or other materials downloaded or otherwise obtained through the use of the Site is done at your sole risk, and you will be solely responsible for any damage that results from the download of any such material. Further, please note that no advice or information, obtained by you through the Site or any product will create any warranty not expressly provided for in this agreement. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.

8. Medical Disclaimers

The information contained on this Site is for information purposes only, and you assume full responsibility and risk for the appropriate use of medical information contained herein. Do not make changes in your treatment, including medication or lifestyle, as a result of any information you receive on this Site, and be sure to consult with your physician or licensed health care provider before changing any medical treatment. The Epilepsy Foundation does not provide individual medical or legal advice on this website and does not directly or indirectly practice medicine or dispense medical services. Consult your own physician or lawyer for specific advice about your personal situation.

The "For Professionals" section of this Site is intended to provide information to health care professionals. Laypeople who read this information are warned against making any changes in their treatment based upon the information here without consulting their personal physician or licensed health care provider. Medical knowledge changes quickly, and changes may have occurred since this information was last reviewed by professionals. Information may also not be complete; the practitioner is therefore urged to continually seek up-to-date information and may contact the Epilepsy Foundation for assistance in doing so. Some treatments recommended in this section of the Site, while in line with generally accepted best medical practice, may not be approved by the U.S. Food and Drug Administration for the described uses. Consult the Physicians' Desk Reference and product manufacturer for approved uses and additional information.

 

While the Epilepsy Foundation takes pride in providing accurate and up-to-date information about epilepsy and its consequences, there may be omissions or inaccuracies in such information and on this website. The Epilepsy Foundation, its officers, directors, employees or agents, does not warrant or guarantee the accuracy or completeness of its information or services, and specifically disclaims any liability therefore.

9. Indemnity; Limitation of Liability

9.1. Indemnity

You agree to defend, indemnify, and hold harmless Epilepsy Foundation, our officers, members, managers, employees, and agents from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with: (A) your use of our site, (B) your violation of this agreement, (C) any user content you provide through our site, (D) your violation of any law or the rights of any third party, and (E) your negligence or willful misconduct.

9.2. Limitation of Liability

Under no circumstances shall Epilepsy Foundation be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use our Site. if you are dissatisfied with our Site, or with this agreement, your sole and exclusive remedy is to discontinue using our Site. In any event, the total maximum aggregate liability under this agreement for the use of any or all parts of our Site in any manner whatsoever shall be limited to one hundred dollars ($100.00).

9.3. For California Residents

If you are a California resident or could otherwise claim the protections of California law, you further expressly waive the provisions of Section 1542 of the California Civil Code, which reads as follows: "A general release does not extend to the claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which, if known by him or her, must have materially affected his or her settlement with the debtor." You acknowledge that you have read and understand Section 1542 of the California Civil Code, and you hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to your release of any claims you may have against Epilepsy Foundation.

10. Miscellaneous

10.1. Term

This Agreement is effective upon your acceptance and will continue in full force until terminated by your or us. You may terminate this Agreement at any time by immediately discontinuing all access to the Site. Termination or cancellation of this Agreement will not affect any right or relief to which we may be entitled at law or in equity. We reserve the right to terminate this Agreement at any time and for any reason without prior notice to you. Further, you agree that we will not be liable to you or any third-party for any termination or suspension of your access to the Site or any part thereof.

10.2. Independent Contractors

You understand and expressly agree that you and Epilepsy Foundation are independent contractors and not agents or employees of the other party. Neither you nor Epilepsy Foundation has any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.

10.3. Governing Law

This Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Maryland without reference to its conflicts or choice of law principles. Any arbitration or court proceeding will take place in Landover, Maryland, and you hereby consent to the exclusive jurisdiction and venue of the state or federal courts in Prince George’s County, Maryland. You irrevocably submit and consent to the personal jurisdiction of such courts.

10.4. Consent to Do Business Electronically

We use and rely upon electronic records and electronic signatures for the execution and delivery of this Agreement and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with this Agreement and in performing our obligations and exercising our rights under this Agreement. Neither you nor Epilepsy Foundation will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby.

10.5. Equitable Relief

You agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.

10.6. Privacy

We collect, store, and use data collected from you in accordance with our Privacy Policy.

10.7. Entire Agreement

This Agreement and any hyperlinked policies and procedures constitute the entire agreement between you and Epilepsy Foundation with respect to the subject matter hereof and supersede all prior agreements, both oral and written, with respect to the subject matter hereof. We may revise and update this Agreement from time to time, and will post the updated Agreement to the portal. Unless otherwise stated in the amended version of this agreement, any changes to this agreement will apply immediately upon posting. Although we are not obligated to provide you with notice of any changes, any changes to this Agreement will not apply retroactively to events that occurred prior to such changes. Your continued use of the Site will constitute your agreement to any new provisions within the revised Agreement.

10.8. Waiver; Severability

Our failure to enforce any provision of this Agreement will not be deemed to be a waiver of our right to enforce them. If any term or provision of this Agreement will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of this Agreement.

10.9. Assignment

You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under this Agreement, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of this Agreement. We may assign this Agreement or delegate or subcontract our obligations under this Agreement at any time.

10.10. Survival

The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.

10.11. Contact Us

With questions, email ContactUs@efa.org or submit your question through our Site.

 

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on: 
Monday, February 3, 2020