The Epilepsy Study Consortium website (the "Site") is owned by the Epilepsy Study Consortium, Inc. Epilepsy Study Consortium, Inc ("we," "us," or "our") provides access to our website subject to your acceptance of this Website User Agreement ("Agreement").

1. About Us

The mission of Epilepsy Study Consortium, Inc is to accelerating the development of new therapies in epilepsy to improve patient care. In furtherance of this goal, Epilepsy Study Consortium, Inc has developed the Site.

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/professionals' 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. 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.

6. Downloading Materials From The Site

You understand that Epilepsy Study Consortium, Inc 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.

7. 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 Study Consortium, Inc, Epilepsy Therapy Development 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/professionals 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:

Jacqueline A. French, MD
NYU Comprehensive Epilepsy Center
403 East 34th Street
New York, NY 10016

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 Study Consortium, Inc or Epilepsy Therapy Development Project of the trademark owner, or vice-versa, or that such trademark owner has authorized epilepsy.com/professionals 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 Study Consortium, Inc and Epilepsy Therapy Development 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 Study Consortium, Inc, the Epilepsy Therapy Development Project, or any third party.

8. Links to Other Websites

Any links to other websites are provided merely as a convenience to the users of this Site. Epilepsy Study Consortium, Inc 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.

9. 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 Study Consortium, Inc, Epilepsy Therapy Development 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 Study Consortium, Inc 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.

10. 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 STUDY CONSORTIUM, INC. AND THE EPILEPSY THERAPY DEVELOPMENT 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 STUDY CONSORTIUM, INC. AND THE EPILEPSY THERAPY DEVELOPMENT PROJECT DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.

11. LIMITATION OF LIABILITY

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

12. Indemnification

You agree to indemnify, defend and hold Epilepsy Study Consortium, Inc, Epilepsy Therapy Development 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/professionals 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/professionals in asserting any available defenses.

13. System Outages

Epilepsy Study Consortium, Inc periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Epilepsy Study Consortium, Inc 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.

14. User Feedback

Should any User respond to Epilepsy Study Consortium, Inc or any of its employees, agents, partners, contributors, or others through the Site, via e-mail, 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 Study Consortium, Inc document, the Site, or Epilepsy Study Consortium, Inc services or any other information ("User Feedback"), such information shall be deemed to be non-confidential and Epilepsy Study Consortium, Inc shall have no obligation of any kind with respect to such information. Epilepsy Study Consortium, Inc 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 Study Consortium, Inc 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 Study Consortium, Inc, its users and the public.

15. 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.

16. 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.

17. International Users

Epilepsy Study Consortium, Inc 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 Study Consortium, Inc 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.

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

19. 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.

20. Updates and Modifications

In its sole discretion, epilepsy.com/professionals 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 EpilepsyCure@aol.com.

21. Termination

Epilepsy.com/professionals 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.

© 1998-2006 Epilepsy Therapy Development Project and epilepsy.com/professionals. All rights reserved