The Epilepsy Foundation, a 501(c)(3) nonprofit organization ("we," "our," or "us"), makes this website and all software, services, extensions, and application programming interfaces related to it (collectively, the "Site") available to you ("you" or "your") subject to the terms and conditions of 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 agree to any of its terms and/or do not comply with its provisions, you may not use the Site. The disclaimers, terms, and conditions in this Agreement apply generally and may be supplemented by additional specifically applicable policies, procedures, disclaimers, guidelines, rules, terms, and conditions that we disclose.
Our Site, systems, databases, and any other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software, technologies, and inventions—including technical or functional descriptions, requirements, plans, specifications, or reports—provided or used by the Epilepsy Foundation or any subcontractor engaged by it in connection with, comprising, or relating to the Site, the designs of all of the foregoing, and all proprietary rights therein (collectively, "Epilepsy Foundation Materials") will at all times remain the exclusive property of the 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.
Provided you fulfill all obligations under this Agreement, and subject to any additional third-party license terms applicable to software included in the Site, we grant you a limited, revocable, nonexclusive, nontransferable right to access and use the Site and Epilepsy Foundation Materials solely for your personal and charitable purposes. We reserve all rights not expressly granted. If you fail to comply with this Agreement, we reserve the right to revoke any license granted hereunder and restrict your access. Any use exceeding the rights expressly granted is strictly prohibited, violates this Agreement, and may terminate your right to access and use the Site. You acquire no rights in Epilepsy Foundation Materials other than the nonexclusive right to access and use the Site in accordance with this Agreement.
We may discontinue or alter any aspect of the Site, restrict its availability, or limit permitted use at our sole discretion, without notice or liability to you. We may also install bug fixes, updates, patches, and other improvements without notice or liability. Your sole remedy if you do not want a modification is to stop using the Site.
Your access to the Site is provided temporarily, without any guarantee of future availability. You agree that we may immediately suspend or terminate your access to the Site or any portion thereof. Reasons may include, without limitation:
You further agree that such actions may be taken at our sole discretion and without liability to you or any third party.
We make commercially reasonable efforts to maintain the Site, but are not responsible for defects or failures associated with the Site or any part of it, Feedback you provide, or damages (such as lost profits or other consequential or indirect damages) resulting from such defects or failures. The Site may be inaccessible or inoperable for any reason, including:
You understand that the Site is delivered over the internet and that its quality and availability may be affected by factors outside our control. The Site is not intended to be available 100% of the time, and we make no representation or warranty as to its reliability or availability. We do not warrant that it will always be entirely free of human or technological errors. We will not be liable to you or any third party for damages or losses relating to Site unavailability.
You must not:
We reserve the right to investigate and prosecute violations of the foregoing to the fullest extent permitted by law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
To create the best possible experience for everyone, we ask you to follow the Epilepsy.com Community Guidelines ("Community Guidelines") in all your activities on epilepsy.com. Violations may result in actions ranging from a warning to suspension or complete termination from a community group or the Site. Content posted in any Community section (forums, article comments, chat rooms, group posts) does not represent the views or opinions of the Epilepsy Foundation.
The Community is for people with connections to or concerns about epilepsy and seizures. Users must not create more than one username without permission from the webmaster or community administrator. If multiple people use the same computer, each should apply for an individual username.
As with most websites, conversations in general forums and chat rooms are public and may be monitored; do not expect privacy. Closed-group content is not public. The Epilepsy Foundation may review content as part of group activities and quality improvement. If you object to Community content, notify the Foundation at [email protected]. Once notified, we will take appropriate steps to remove or edit posts. Some community members may arrange in-person meetings. The Foundation does not sponsor or endorse these meetings; participation is at your own risk. The Foundation assumes no responsibility for or control over such meetings and disclaims liability for associated harm or consequences.
Community forums, chat rooms, closed groups, article comments, and social sharing are provided as a free service of the Epilepsy Foundation. The Foundation creates community forums, groups, and chat rooms, but individual users create the posts. The Foundation does not monitor community features 24 hours a day, seven days a week. Forum posts may be reviewed periodically; inappropriate posts may be removed or managed under the Terms of Use. Chat transcripts may be reviewed periodically.
The Site may include or provide access to information, software, photographs, videos, text, graphics, music, sounds, and other materials or information supplied by us or third parties (collectively, "Epilepsy Foundation Content") protected by copyright, patent, trademark, trade secret, or other intellectual property laws. You understand and agree that these rights are valid and protected in all existing and future forms, media, and technologies. You may not conceal or remove proprietary notices contained in Epilepsy Foundation Content.
The Site may allow you to upload, download, store, or transmit user-generated data or information ("User Content"). By submitting User Content, you grant the Epilepsy Foundation a nonexclusive, worldwide right and license to use, copy, and display it to provide the Site. You also grant a nonexclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, reproduce, modify, edit, adapt, publish, translate, exhibit, distribute, sell, transfer, sublicense, create derivative works from, and create compilations incorporating User Content in anonymous and aggregated form for performance improvements, marketing and advertising, and other lawful purposes related to the Site.
You may not upload, post, or transmit User Content that:
We reserve the right, but have no obligation, to prescreen, review, flag, filter, modify, refuse, or remove any User Content from the Service. You expressly understand and acknowledge that you may encounter content you find offensive, indecent, or objectionable and that we will not be liable for your consumption of Site content. We cannot and do not assume responsibility for your use or misuse of Epilepsy Foundation Content, User Content, or other information transmitted, monitored, stored, or received while using the Site. We reserve the right to modify or remove any Epilepsy Foundation Content, and terminate or restrict access, that in our sole discretion violates the foregoing. By providing User Content, you acknowledge that you do so at your own risk and that we are not responsible for its damage or loss. You agree that we are not responsible for legal violations caused by your use or misuse of content or information transmitted, monitored, stored, or received through the Site.
The following agent has been designated to receive notices of alleged copyright infringement relating to information on this website:
President & CEO
Epilepsy Foundation
3540 Crain Highway, Suite 675
Bowie, MD 20716
(301) 459-3700
We welcome your comments, information, or materials related to the Site or our other products or services (collectively, "Feedback"). Your Feedback becomes our property when you submit it. By submitting Feedback, you agree to assign, and hereby irrevocably assign, all worldwide rights, title, and interest in it, including copyrights and other intellectual property rights, to us. We may use, copy, distribute, publish, and modify Feedback without restriction or compensation to you. You also assign or waive, as applicable, any moral rights you may have in the Feedback.
The Site may contain links to other websites or internet resources (collectively, "Third-Party Materials"). Because we do not control them, you acknowledge that we are not responsible for their availability and do not endorse or assume responsibility for content, advertising, products, materials, privacy practices, or other practices of their operators. We will not be liable, directly or indirectly, for damages or losses caused or allegedly caused by your use of or reliance on Third-Party Materials. We strongly recommend reviewing the separate terms of use and privacy policies governing those materials and websites.
The Epilepsy Foundation or its licensors exclusively own all rights, title, and interest in the Site, Epilepsy Foundation Materials, Epilepsy Foundation Content, and Feedback, including ideas, inventions, inferences, discoveries, software source and object code, developments, derivative works, improvements, updates, corrections, patches, formats, processes, images, trademarks, service marks, logos, and icons displayed on or associated with them (collectively, "Epilepsy Foundation IP"). Except as expressly stated, you have no rights, licenses, or authorizations in that IP. You may not claim otherwise or challenge the ownership allocation or validity of authorizations and rights set forth here. If you are ever deemed to own any Epilepsy Foundation IP, you must immediately take all steps necessary to establish, transfer, perfect, grant, or confirm the Foundation's rights, title, and interest. No rights or licenses are transferred to you except the limited, nonexclusive, nontransferable authorization expressly granted in Section 1.2, which automatically ends when this Agreement expires or terminates. Unauthorized use of Epilepsy Foundation IP, whether owned by us or third parties, may violate copyright, trademark, privacy, publicity, or communications laws. Third-party trademarks belong to their respective owners.
You agree to evaluate and assume all risks related to use of or activities involving User Content you post or provide through the Site. You alone are responsible for the results of actions you take based on User Content, Epilepsy Foundation Content, or other Site content. Under no circumstances will we be liable for User Content or for loss or damage resulting from its transmission through the Site.
Access to the Site requires registration using the Epilepsy Foundation registration form, which asks for certain information, including personal information. Once you successfully complete it, you will receive an account and login credentials, including a username and password. You alone are authorized to access and use your account. For information about collection of personal data during registration, see our Privacy Policy.
You must notify us immediately if your registration information changes or if you learn of or suspect unauthorized account use or another security breach. You are responsible for keeping your username and password confidential and for all activity under those credentials. You agree to provide truthful, accurate registration information. We may refuse any username for any reason, including if it impersonates someone, is protected by trademark or other proprietary rights, or is vulgar or offensive.
The Site may allow you to save login credentials in your web browser for automatic login. Anyone with access to your computer or browser may then access your account. You are responsible for any damage to the Epilepsy Foundation or Site resulting from unauthorized access through your account, and we will not be liable to you or third parties for related damage or loss.
If you provide your credit card number for an online store purchase or donation, it is stored on a secure server protected by firewalls. The Foundation uses computer encryption technology to protect your information and keeps it confidential. We sometimes contract with third-party vendors and business partners for customer service and Site hosting. In those cases, we enter confidentiality and nondisclosure agreements requiring vendors to keep information received through our website confidential, not sell or share user information with third parties, and not use it for personal purposes. Further information about the privacy policy for online store purchases is available on our online store website.
Your agreement with your mobile network provider ("Mobile Provider") continues to apply when you access or use the Site on a handheld mobile device ("Mobile Device"). Your Mobile Provider may charge for network connectivity, data downloads, email, text messages, roaming, and other provider or third-party fees. You accept responsibility for all Mobile Provider fees.
You and the Epilepsy Foundation acknowledge that neither Google Inc. nor its subsidiaries or affiliates ("Google") are parties to this Agreement and that you will seek remedies from the Epilepsy Foundation, not Google. You agree to the then-current Android Market Terms of Use and Google Play Terms of Use on Google's website. Google has no obligation to provide maintenance or support for our Site. In the event of a conflict, the applicable Android Market or Google Play Terms of Use will prevail.
You and the Epilepsy Foundation acknowledge that neither Apple Inc. nor its subsidiaries or affiliates ("Apple") are parties to this Agreement and that you will seek remedies from the Epilepsy Foundation, not Apple. You agree to the then-current Apple Media Services Terms and Conditions on Apple's website. Apple has no obligation to provide maintenance or support for our Site. In the event of a conflict, Apple's Media Services Terms and Conditions will prevail.
You hereby represent and warrant that:
You represent that throughout the term you will, at your sole cost and expense, acquire, install, maintain, and operate in good condition all equipment, resources, technologies, and systems—including computer hardware, internet access, third-party software, and telecommunications services—necessary to access and use the Site (collectively, "Your Systems"). You further represent that you will use all necessary physical, administrative, and technical controls, detection and security procedures, and other security measures to protect against unauthorized access to or use of the Site.
If you provide Feedback through the Site, you additionally represent and warrant that:
To the fullest extent permitted by law, the Site is provided "AS IS" and "AS AVAILABLE" and at your own risk. To the fullest extent permitted by law, we expressly disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular use or purpose, title, and noninfringement.
Without limitation, we do not warrant that the Site will meet your requirements; that use will be uninterrupted, timely, secure, or error-free; that results or information will be accurate or reliable; that defects will be corrected; that the Site and its content will be free of viruses; or that information, content, or other materials obtained through the Site will meet your expectations.
Any content or materials downloaded or otherwise obtained through the Site are obtained at your own risk, and you are solely responsible for resulting damage. No advice or information obtained through the Site or any product creates a warranty not expressly provided in this Agreement. Some jurisdictions do not permit exclusion of certain warranties, so some limitations may not apply to you.
Information on this Site is for informational purposes only, and you assume full responsibility and risk for appropriate use of the medical information. Do not change treatment, including medications or lifestyle, based on information received here; consult your physician or licensed healthcare provider before changing medical treatment. The Epilepsy Foundation does not provide individualized medical or legal advice on this website, practice medicine directly or indirectly, or provide medical services. Consult your own physician or attorney for advice specific to your circumstances.
The "For Professionals" section is intended to inform healthcare professionals. Nonprofessionals are cautioned not to change treatment based on it without consulting their personal physician or licensed healthcare provider. Medical knowledge changes rapidly, and information may have changed since it was last reviewed by professionals. Information may also be incomplete; physicians are encouraged to seek updated information and may contact the Epilepsy Foundation for assistance. Some treatments recommended in this section, though consistent with generally accepted best medical practices, may not be approved by the U.S. Food and Drug Administration for the uses described. Consult the Physicians' Desk Reference and product manufacturer for approved uses and additional information.
Although the Epilepsy Foundation takes pride in providing accurate and current information about epilepsy and its consequences, there may be omissions or inaccuracies. The Foundation and its officers, directors, employees, and agents do not warrant the accuracy or completeness of the information or services and expressly disclaim responsibility for them.
You agree to defend, indemnify, and hold harmless the Epilepsy Foundation and our officers, members, managers, employees, and agents from any claims, liabilities, damages, losses, demands, or expenses, including attorneys' fees and costs, arising from or relating in any way to (A) your use of our Site, (B) your breach of this Agreement, (C) User Content you provide through our Site, (D) your violation of law or third-party rights, or (E) your negligence or willful misconduct.
Under no circumstances will the Epilepsy Foundation be liable for direct or indirect loss or damage arising from or connected with use of or inability to use our Site. If you are dissatisfied with our Site or this Agreement, your sole and exclusive remedy is to stop using our Site. In any event, the maximum total aggregate liability under this Agreement for any use of any or all parts of our Site will be limited to one hundred dollars ($100.00).
If you are a California resident or could claim the protections of California law, you expressly waive California Civil Code Section 1542, which provides: "A general release does not extend to claims that 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 and expressly waive all rights and benefits under it and similar laws of any jurisdiction concerning release of claims you may have against the Epilepsy Foundation.
This Agreement takes effect upon your acceptance and remains in full force until terminated by you or us. You may terminate it at any time by immediately discontinuing all Site access. Termination does not affect rights or remedies available to us at law or in equity. We reserve the right to terminate this Agreement at any time for any reason without notice. You agree that we will not be liable to you or any third party for termination or suspension of access to the Site or any part of it.
You expressly understand and agree that you and the Epilepsy Foundation are independent contractors, not agents or employees of each other. Neither party has the right, power, or authority to act for or create obligations on behalf of the other.
This Agreement will be governed by, construed, and enforced under Maryland law, without reference to conflict-of-law or choice-of-law principles. Any arbitration or judicial proceeding will take place in Bowie, Maryland, and you agree to exclusive jurisdiction and venue in state or federal courts in Prince George's County, Maryland. You irrevocably submit and consent to the personal jurisdiction of those courts.
We use and rely on electronic records and signatures for execution and delivery of this Agreement and other agreements, commitments, notices, disclosures, documents, communications, or information sent or received under it, and in fulfilling obligations and exercising rights. Neither party will prevent the other from printing, saving, or storing electronic records sent or made available to it. You agree not to challenge the authorization, validity, enforceability, or admissibility of electronic records, electronic signatures, or copies under laws requiring certain agreements, files, or records to be in writing or signed to be binding.
You agree that breach of this Agreement would cause us irreparable and significant harm difficult to quantify and not compensable by damages alone. Accordingly, you agree that we are entitled to enforce this Agreement through injunction (without posting bond), specific performance, or other equitable relief, without prejudice to other rights and remedies for your breach.
We collect, store, and use data collected from you in accordance with our Privacy Policy.
This Agreement and any hyperlinked policies and procedures constitute the entire agreement between you and the Epilepsy Foundation concerning its subject matter and supersede all prior oral and written agreements. We may revise and update it periodically and will post the updated Agreement on the portal. Unless the amended version says otherwise, changes take effect immediately upon posting. Although we are not required to notify you, changes do not apply retroactively to events preceding them. Continued use of the Site constitutes acceptance of new provisions in the revised Agreement.
Our failure to enforce any provision is not a waiver of our right to enforce it. If any term is held invalid, illegal, or unenforceable, the remaining terms remain in full force and effect, and the invalid, illegal, or unenforceable term will be deemed not part of this Agreement.
You may not assign, transfer, or sell your rights or obligations (voluntarily or by operation of law), or delegate duties to another person, without our prior written consent. Any attempted assignment without consent is void and constitutes a breach. We may assign this Agreement or delegate or subcontract our obligations at any time.
Provisions intended by their nature to survive expiration or termination—including intellectual property ownership and use, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, post-termination rights, and interpretation—will survive for their full legal duration.
If you have questions, email [email protected] or submit your question through our Site.
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Information available at epilepsy.com is the property of the Epilepsy Foundation and is protected by copyright and other intellectual property laws. All registered trademarks of the Epilepsy Foundation, including "Epilepsy Foundation," "Epilepsy Therapy Project," and their respective logos, may not be used by anyone for any purpose without the express written consent of the Epilepsy Foundation.
September 15, 2023