Terms and Conditions
International Eczema Council Website Terms and Conditions
Effective Date: October 24, 2018
Welcome to the website www.eczemacouncil.org (as defined further below, the “Site”), which is provided by the International Eczema Council (“IEC” “we” or “us”). The Site and related services are subject to these Website Terms and Conditions (the “Terms”). Please read the following information carefully, as these Terms constitute a legal agreement between IEC and you.
THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION.
BY ACCESSING AND USING THE SITE, YOU AFFIRM THAT:
- YOU HAVE READ AND UNDERSTAND THESE TERMS;
- YOU WILL COMPLY WITH THESE TERMS; AND
- YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SITE.
1. General. These Terms govern your use of the website (www.eczemacouncil.org), which is provided by IEC (such site, including without limitation, use of all services, content, data, images, information, and other materials posed on or available through this website, the “Site”).
2. No Medical Advice. This Site was designed for informational purposes only and not for the purpose of providing medical advice. The information presented on this Site is not intended to replace the diagnosis or treatment by, advice from, or consultation with a licensed healthcare provider. It is important to consult a licensed healthcare provider before altering anything in your treatment plan. The IEC does not endorse any medications, products, equipment, or treatment for eczema or any other medical condition.
3. Use of the Site. The IEC hereby grants you a limited, non-exclusive, non-transferable right to access and use the Site solely for your personal, non-commercial use. We and our licensors exclusively own all rights, title and interests (including all intellectual property rights) in and to the Site and all components thereof (including trademarks, trade names, and logos). Except for the limited right to access and use the Site as provided above, we reserve all other rights.
You may not reverse engineer, deconstruct, disassemble, or decompile any software or technology underling the Site or provided through the Site. You may not distribute, modify, reproduce, or use, in whole or in part, any content of the Site without the prior written consent of the IEC.
As a condition of your use of this Site, you warrant to the IEC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
4. Termination. You may stop using the Site at any time. You agree that the IEC may immediately terminate your use of the Site for any reason, including, without limitation: (i) if we, in our sole discretion, determine that you are or have been in violation of these Terms; (ii) if we, in our sole discretion, determine that you have created risk or possible legal exposure to the IEC; (iii) in response to requests by law enforcement or other government agencies; (iv) upon discontinuance of material modification of the Site; or (v) due to unexpected technical issues or problems. We may also stop providing the Site or create limits on use of the Site (in each case, whether specifically to you or generally). Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.
5. Warranty Disclaimer. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN, OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE IEC EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, AND NON-INFRINGEMENT.
Without limiting the foregoing disclaimer, you understand that the IEC makes no warranty and expressly disclaims all warranties (i) with respect to the accuracy, completeness, currency, or reliability of the Site and its content; (ii) that the Site will meet your requirements and expectations; (iii) that operation of the Site will be uninterrupted, virus-free, or error free; or (iv) that any errors in the Site can or will be corrected. No advice or information obtained through the Site, whether oral or written, will create any warranty not expressly made herein. You expressly acknowledge and agree that use of the Site is at your sole risk and that the entire risk as to satisfactory, quality, performance, accuracy, and effort is with you.
6. Privacy. Information that you provide to us or that we collect about you is governed by our Privacy Statement. Please review our Privacy Statement carefully before using the Site and providing us with your information.
7. Your License to Us. Subject to our Privacy Statement, any communications or material of any kind that you email, post, or transmit through the Site, including questions, comments, suggestions, and other data and information (“Your Communications”) will be treated as non-confidential and non-proprietary. You grant the IEC a non-exclusive, royalty-free, perpetual, worldwide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use Your Communications on the Site or elsewhere for our business purposes. We are free to use any ideas, concepts, techniques, or know-how in Your Communications for any purpose permitted by law.
8. Governing Law; Waiver of Right to Pursue Class Action Claims; Limitation on Time to Bring an Action. These Terms shall be governed by, and construed in accordance with, the substantive laws of the State of Illinois, without regard to the choice of law provisions of any jurisdiction. YOU AGREE TO ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND WAIVE ANY RIGHT TO PURSUE ANY CLAIMS ON A CLASS OR CONSOLIDATED BASIS, OR IN A REPRESENTATIVE CAPACITY. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be forever barred.
9. Limitation of Liability. Your use of the Site is at your own risk. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANYWAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, SITE CONTENT OR INFORMATION, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. Applicable law may not allow for the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that the IEC would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
10. Note to International Users. This Site is controlled by the IEC, which is located in the State of Illinois, United States of America. The IEC makes no representation that the content, information, and other materials on the Site are appropriate or available for use in locations outside of the United States. Accessing the Site from territories where such content, information or other materials are illegal is prohibited. Those who choose to access this Site from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws.
11. Linked Services. We do not control and are not responsible for websites and services provided by third parties, even if linked to or accessed through the Site (each, a “Linked Service”). The inclusion of a link does not imply endorsement by the IEC of the Linked Service or any association with the operators of the Linked Service. The IEC provides links to Linked Services for your convenience only, and the IEC does not investigate, verify, or monitor Linked Services. You access Linked Services at your own risk and subject to the terms and conditions of use, privacy policies, and other legal provisions applicable to the Linked Services.
12. Copies of these Terms; Updates. You may print a copy of these Terms. We suggest retaining a copy of these Terms for your future reference. Please be aware that we may revise these Terms at any time, and by your continued use of the Site, you agree to be bound by future revisions. It is your responsibility to periodically review these Terms to review the most current version. We will endeavor to notify you in advance (for example, by email and/or by placing a prominent notice on the Site) if any changes to the Terms will materially affect your rights.
13. General Legal Terms. These Terms contain the entire understanding by and between the IEC and you with respect to the matters contained herein. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us.
Except as described in Section 12, these Terms may not be amended unless in writing and signed by you and us. If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
Nothing contained in these Terms will be deemed to constitute the IEC or you as the agent or representative of the other or as joint venturers or partners.
These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns. You must not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. All of our rights and obligations under these Terms are assignable.
A printed version of these Terms and of any related notice given in electronic form shall be admissible in arbitral, judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that we may send you notice via email to the email address you have provided, and we are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. You also agree that we may send you notice through the Site.
Headings and captions are for convenience only.