IMPORTANT: Please review the following terms and conditions carefully. These Terms of Use are a legally binding contract between you and Citizens United for Research in Epilepsy (“CURE” or “our” or “we” or “us”) pertaining to the access and use of the services offered, and all information, content, media, printed materials and “online” or other electronic documentation accessible from, www.CUREepilepsy.org or any sub-domains thereof or other websites operated by or for CURE (collectively, the “Sites”).

The Sites are all offered by CURE to you free of charge on the express condition that you accept, without modification, and abide by these Terms of Use. Your access and use of the Sites is conditioned upon your continued compliance with these Terms of Use. Please read these Terms of Use carefully, as your use of the Sites constitutes your acceptance of these Terms of Use. CURE reserves the right to change the Terms of Use any time by reasonable notice, including without limitation by posting revised terms on the Sites (which shall constitute reasonable notice), and such amended terms shall be binding upon you; thus, you should consult the most recent version of these Terms of Use each time that you view the Sites.

DISCLAIMERS

You acknowledge that the materials on the Sites are provided “as is” for general information only and without warranties of any kind. The materials on the Sites are not meant to be used for self-diagnosis or to replace the services of a medical professional. Healthcare information changes rapidly and thus the materials on the Sites should not be relied upon to be fully comprehensive or error free. CURE does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the information provided on the Sites or by the companies or organizations linked or referred to in the Sites.

The Sites do not offer medical advice or recommendations to individuals and you should not rely on the information posted on the Sites as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs. CURE does not advocate that you attempt to treat yourself, your family or someone you know without proper medical supervision. CURE encourages you to seek the guidance of your healthcare provider if you feel that you, your family or someone that you know suffers from the conditions described on the Sites. 

In certain instances, CURE permits third parties to provide testimonials and information, and in certain situations, create personal home pages for fundraising purposes in furtherance of our mission. CURE may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of CURE or endorsed by CURE.

General Indemnification

You agree that you will hold harmless CURE, its officers, directors, employees, volunteers, licensors and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, the Sites or other sites to which they are linked.

Limitation of Liability 

In no event and under no circumstances shall CURE or the contributors of information to the Sites or our sponsors, licensors or authorized representatives be liable to you or any third party for personal injury or death, or for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Sites, or your (or any authorized user’s) or any unrelated party’s reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms of Use fail of their essential purpose.

Links to Other Sites; Link Agreement 

CURE may provide links to other Internet sites or resources. CURE likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links are provided solely for your interactive enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by CURE.

You should be aware that links to the Sites may be provided from other sites, either known or unknown to CURE, and some links to the Sites may be unauthorized, and accessing any other site linked to or from the Sites is done at your own risk. CURE has not reviewed and is not responsible for the content of any third party sites linked to or from the Sites.

Disclaimer of Warranties 

THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.

THE SITES ARE MANAGED IN THE STATE OF ILLINOIS, UNITED STATES OF AMERICA. CURE MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. CURE MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE
SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

Services Indemnification 

IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS OF USE, YOU WILL INDEMNIFY AND HOLD CURE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY CURE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS PERTAINING TO CURE’S USE OF THE INFORMATION AND CONTENT PROVIDED BY YOU IN CONNECTION WITH THE SERVICES, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MIDSCONDUCT OR GROSS NEGLIGENCE, OR ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU IN CONECTION WITH THE SERVICES, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON CURE’S OWN NEGLIGENCE. IN NO EVENT SHALL CURE’S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.

PRIVACY POLICY

Your privacy is important to us. To protect your privacy, we provide this notice explaining our information practices and the choices you can make about the way your information is collected and used.

Personal Data 

Personal Data (also referred to in this policy as Personal Information) means any information relating to a natural person who can be identified by reference to an identifier such as a name, an identification/account number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that person.

Personal Information We Collect 

When you visit the Sites, there are five types of information you might provide to us: contact information you knowingly choose to disclose; registration information when registering for an event, billing information when you donate, join, subscribe, or make a purchase; demographic or other information about you; and technical information collected by us as you interact with our websites.

Contact Information

In some areas of the Sites, we request that you provide personal information, such as your name, address, e-mail address, and telephone number.

Donor and Purchaser Information 

In some areas of the Sites, we request that you provide your credit card number, contact information, and other billing information.

Registration Information 

In some areas of the Sites, we request that you provide personal information, such as your name, address, e-mail address, and telephone number.

Demographic Information 

In some areas of the Sites, we collect demographic information such as your age, preferences, gender, educational degrees, background, interests, health conditions, and epilepsy affiliation. Sometimes, we may collect a combination of information types. Sometimes we may combine that information with commercially available data.  Examples of areas of the Sites where we may collect personal or combined personal and demographic data are pages where you can donate to CURE, register for a program or event, apply for a scholarship, or share a personal story.

Technical Information 

We also may gather certain information about your use of our Sites, such as what areas you visit and what services you access. Moreover, there is information about your computer hardware and software that we may collect. This information can include, without limitation, your IP address, browser type, domain names, access times, referring website addresses, and search terms. Some of this information is collected through the use of cookies (described below).

Use of Personal Information

The information collected may be used by CURE for the purpose of providing you with the content you request, operating and improving the Sites, providing a positive user experience, and delivering the products and services that we offer.

We may also use the information we gather to inform you of other products or services available from the Sites or to contact you about your opinion of current products and services or potential new products and services that may be of interest to you.

We may use your contact information in order to send you e-mail, postal mail, texts, phone calls, online advertising, or other communications regarding CURE, such as newsletters, epilepsy information, event and programmatic information which may be of interest to you. We may also use it to send you information about third-party products and services that match your interests and preferences. The nature and frequency of these messages will vary depending upon the information we have about you. In addition, at the time of registration for certain services, you have the option to elect to receive additional communications, information, newsletters, and
promotions relating to topics that may be of special interest to you.

Part of our mission is to improve the lives of all people affected by epilepsy, and we do that by providing appropriate information. We do not provide your name and address or email to outside parties, except as described here. To learn more about our encryption policies, please review the section on “Protecting Personal Information” (below).

Retention of Personal Information 

We retain indefinitely all the personal information we gather about visitors or subscribers as necessary to fulfill our service to you. We retain indefinitely certain anonymized information we gather about visitors or subscribers for the legitimate purpose of performing website analytics and providing use of our website to all visitors in an efficient, practical, and relevant way. If there has been no activity from you for ten years, your data that is no longer required will be purged.

Sharing of Personal Data 

We do not share or disclose your personal information to third parties except as set forth below:

Personal Information Purpose for Sharing
Technical information With CURE business partners for the purpose of understanding usage patterns for Sites and those of our partners.
Technical information With web hosting and other technical service providers for the purpose of hosting our web servers and ensuring information security for our networks.
Contact Information With consultants and vendors for the purpose of providing customer support and marketing assistance.
Contact Information With credit card processors for purposes of processing credit card transactions in connection with the donors and subscriber’s contract with the Sites.
Contact Information With our business partners, with your consent, for the purposes of providing you with products or services tailored to your interests and preferences.

In addition, we disclose personal information if legally required to do so, if requested to do so by a governmental entity, or if we believe in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect the rights or property of CURE; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.

In the event any one or all of the Sites become the subject of a bankruptcy proceeding, whether voluntary or involuntary, CURE or its trustee in bankruptcy may sell, license, or otherwise dispose of such information in a transaction approved by the bankruptcy court as is legally required.

In the event that CURE’s business is acquired in whole or part by a third party by way of merger, consolidation, or purchase, we will disclose and transfer such information to the third party.

CURE may also share aggregated anonymous information about visitors to Sites with its clients, partners, and other third parties so that they may understand the kinds of visitors to the Sites and how those visitors use the site.

Information You Post 

If you post any personal information in public and/or social network areas of the Sites, e.g., in the Personal Stories section or blog, the information disclosed may be displayed to other users of these services and may be collected and used by others over whom we have no control. CURE is not responsible for the use made by third parties of information you post or otherwise make available in public areas of the Sites and communities. If you remove information that you have made public on Sites and communities, copies may remain viewable in cached and archived pages of the Sites or if others have copied or saved that information.

Opt-In and Opt-Out Choices 

The registration forms and other sections of the Sites where we collect your information provide you with relevant opt-in and opt-out choices regarding promotional activity and other communications with you.

E-mail 

E-mail to Donors and Participants: Donors to CURE and Participants of CURE events and programs may opt in for first- and third-party informational e-mails or opt out of all e-mail communication, except transactional emails, such as donation receipts and event/program specific information registered.  To opt-out, click the unsubscribe link in an email or contact info@cureepilepsy.org.

E-mail to Subscribers 

Subscribers to CURE publications may also opt in for first- and third-party informational e-mails or opt out of all e-mail communication (with the exception of subscription renewal information) by unsubscribing or contacting CURE at info@cureepilepsy.org.

The above are examples of opt-in/opt-out options and are not intended to describe every option on the Sites.

Monitoring of Information and Cookies 

We monitor customer traffic patterns and site usage to help us develop the design and layout of the Sites. We may also use the information we collect to occasionally notify you about important changes to the Sites, new services or features offered by CURE, and special offers and information we think you will find valuable. If you would rather not receive this information, please contact us at info@cureepilepsy.org.

Google Analytics and Hot Jar are used to analyze traffic to this website. Google Analytics and Hot Jar do not maintain individual profiles for visitors, nor does Google Analytics or Hot Jar collect data that might identify the individual visitor. Google Analytics and Hot Jar only collect aggregate data.

We collect standard information, by way of a cookie, to help us evaluate how our sites are being used. A cookie is a small uniquely identifiable text file that is stored on your machine. A cookie collects information that is used for statistical purposes and does not identify you in any way.

Our sites use cookies to make sure you don’t see the same content repeatedly. We use cookies to deliver information specific to your interests and to save your registration information so you don’t have to re-enter it each time you visit our site.

Most web browsers automatically accept cookies, but you can change your browser settings to prevent that. Even without accepting cookies, you can still use most of the features throughout the Sites.

Often times, we may use certain advertising networks and exchanges that participate in the Network Advertising Initiative (NAI). NAI has developed a tool that allows consumers to opt out of certain interest-based advertising delivered by NAI members’ ad networks. To learn more about opting out of such targeted advertising or to use the NAI tool, click here. Please be aware that such opt-outs do not affect non-targeted ads. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out mechanisms or programs, or the accuracy of their statements regarding their programs.

Protecting Personal Information 

We are concerned with protecting your privacy and data. When you make a donation, register for an event or program, place orders, access your account information or request information, we use a secure server. This secure server software, SSL (Secure Sockets Layer), encrypts all information you input before it is sent to us. Furthermore, all customer transactional data we collect is protected against unauthorized access with the use of digital certificates.

We provide reasonable technical, administrative, and physical controls to secure the confidentiality, integrity, and availability of personal information. If you have any questions about security on the Sites, you may contact us at info@cureepilepsy.org.

Payment Processing 

All credit transactions occur in a secure area of our site to protect you from any loss, misuse, or alteration of information collected. When you make a donation, subscribe or place an order online at any of the Sites, your credit card information is protected through the use of encryption of web content using Transport Layer Security.

Policies Regarding Disclosure of Personal Information 

CURE, like many other non-profit organizations, occasionally makes available our contributor and subscriber names and postal addresses to other non-profit organizations and for-profit companies. These organizations and companies are carefully screened.

Names/addresses are provided on a one-time basis; therefore, these companies will not have continued access to your name and address unless you respond to them directly, which you are free to do or not to do.

You can request that we do not share, sell, or exchange your information for third party’s fundraising or marketing purposes by emailing us at info@cureepilepsy.org. (If you use more than one email address, postal address or telephone number, please identify each one.)

CURE may also provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors, but these statistics will include no personal identifying information.

Our Commitment to Children’s Privacy 

CURE does not knowingly solicit data from children or knowingly market to children. CURE is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens’ Online Privacy Protection Act of 1998, we do not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that CURE receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, CURE will delete that information from the Sites as quickly as is reasonably practical.

Consent 

CURE does not send unsolicited commercial communications to individuals with whom CURE does not have consent/permission or a pre-existing or current relationship. CURE provides a clear, easy and effective method to unsubscribe to any and all online communications.

How to Correct or Update Information 

Here are the options for changing and modifying information previously provided.

Email info@cureepilepsy.org or send a letter to:
Citizens United for Research in Epilepsy
430 W. Erie, Suite 210
Chicago, IL 60654

Where to address your questions or complaints 

If you have any concerns as to how your data is processed, you can contact:
Citizens United for Research in Epilepsy
430 W. Erie, Suite 210
Chicago, IL 60654
E-mail: info@cureepilepsy.org

Changes to Privacy Statement 

If we change our Privacy Statement for the Sites, we will post those changes here so that you will always know what information we gather, how we might use that information, and to whom we will disclose it. We welcome your comments concerning this Privacy Statement. Subscribers who believe that we have not adhered to this statement may contact us by e-mailing us at info@cureepilepsy.org. Non-subscribers may also contact us at info@cureepilepsy.org. We will use commercially reasonable efforts to promptly determine and remedy the problem. Thank you for using the Sites.

Legal Requests 

CURE reserves the right to share your information to respond to duly authorized information requests of governmental authorities or where required by law.

Privacy of Patient Information 

The Health Insurance Portability and Accountability Act (“HIPAA”) may regulate and limit the use and disclosure of your private health information by certain healthcare institutions. However, you should know that the HIPAA regulations apply to information gathered in the treatment of patients and not to information gathered by or through the Sites.

California 

Under California Civil Code Section 1798.83 (also known as S.B. 27), if you are a California resident and your business relationship with CURE is primarily for personal, family, or household purposes, you may request certain data regarding our disclosure, if any, of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please send an e-mail to info@cureepilepsy.org with “Request for California Privacy Information” in the subject line. You may make such a request up to once per calendar year. If applicable, we will provide you, by e-mail, a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the third parties’ names and addresses. Please note that not all personal information sharing is covered by S.B. 27’s requirements.

Acceptance of These Terms 

Your use of the Sites shall indicate your understanding and acceptance of the terms of this Privacy Statement. If you do not agree with all the terms herein, you should not use the Sites or services.

RESTRICTIONS ON USE OF MATERIALS

Unless otherwise indicated, CURE or its licensors holds the copyright to all materials on the Sites, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips and design. Additionally, CURE owns all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Sites, unless otherwise noted. Without the explicit consent of CURE, no material from the Sites (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of materials contained on the Sites may violate copyright, trademark and other laws. We retain all rights not expressly granted, and nothing in these Terms of Use constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms of Use should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of CURE or any third party.

CURE will allow you to view and print information, documents and web pages located on the Sites for your own personal use but not for any for-profit or commercial activities or purposes or resale; provided that (i) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to CURE and if possible provide a reference to CURE’s main site CUREeplepsy.org, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is CURE’s material. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms of Use and they must agree to abide by these Terms of Use. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by CURE or its licensors.

Posted or Shared Content 

You may post or share messages, text, photos, testimonials or other content (including, without limitation, information that you provide about health status) on the Sites via your Personal Home Page, Personal Story, or any page on the Sites that specifically provides that the content may be used in a public manner.  If you post or share such content, you certify that you have reached the age of consent in your community or that you are at least 13 years old and are posting with the permission of a parent or guardian.  Any such content submitted to CURE will be treated as non-confidential and non-proprietary, and you authorize CURE and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display, publish or otherwise use all or any part of such information in furtherance of its operations and our mission throughout the world in any format or media (whether now know or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral or privacy rights that you may have in any such content posted or shared by you. By posting or sharing such content, you represent to CURE that you own or have the right to use and permit CURE to use such content in the manner stated above. By way of example and not limitation, if you post a photograph of yourself with others, you need to first obtain permission or a release from the other people appearing in the photograph to use their image on your Personal Home Page, and you need to be the owner or licensee of the copyright in the photograph. You agree not to post or share any information relating to or photographs or text that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize CURE and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of CURE’s operations and our mission throughout the world, and any such permission cannot be revoked for any reason. CURE reserves the right to refuse to post or share content, remove content, or disable your account due to: (i) the high-risk nature of a proposed fundraising activity (e.g. bungee jumping, parachuting, hand gliding, cliff diving); (ii) the potentially negative impact on CURE’s public image due to a proposed fundraising activity or posted or shared content; or (iii) any other reasonable factor as determined by CURE in its sole discretion.

WEBSITE SERVICES

Services: In furtherance of our mission, CURE may offer from time to time certain services or features on the Sites (including without limitation, blogs, webinars, news articles, disease information, personal home pages, online donations, shopping carts and tutorials) (collectively, the “Services”). The following terms under these Terms of Use pertain to your ability to use the Services made available by CURE on the Sites. CURE will permit your use of the Services free of charge on the express condition that you accept, without modification, and abide by these Terms of Use and only for as long as your use of the Services are helping CURE to fulfill our mission.

Availability of Service 

CURE reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party’s information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on CURE’s servers on your behalf. Without limiting the foregoing, you agree that CURE shall have no responsibility or liability for the deletion or failure to deliver or store your Personal Home Page or any other public forum, or any information, pictures, content or email provided by or stored by you on your Personal Homepage or any other public forum, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of CURE. You acknowledge that CURE reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that CURE shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.

Deactivation of the Sites 

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any part or portion thereof. Nothing in these Terms of Use shall be construed to obligate CURE to maintain and support the Sites, or any part or portion thereof, during the term of these Terms of Use.

Shopping Cart Purchases & Online Donations. 

In order to purchase products from the Sites’ store or make donations online, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card and email. You are responsible for the accuracy of the information in your account(s) supplied by you to CURE. By providing such information to CURE by any means (e.g.: email, fax, telephone, mail, etc.), you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to CURE for use in processing your orders or receiving your donations from the Sites. In order to purchase the products or make donations online using the payment method displayed on the Web site (e.g., VISA, Mastercard, etc.), you must be 18 years of age or over. By using the Sites’ payment method, you confirm that you possess the legal authority to
enter into the conditions of use for the Sites, including, without limitation, instructing CURE or its authorized vendors to collect any payments from a credit or debit card, and to use the Sites in accordance with all terms and conditions of these Terms of Use. Billing to your credit card or to your account occurs at the time of purchase or donation or shortly thereafter. All sales of merchandise purchased from CURE on the Sites are subject to CURE’s standard sales terms and conditions, which contain certain warranty and liability limitations. All returns and exchanges of merchandise purchased from CURE on the Sites are subject to CURE’s standard return and exchange policy. CURE will charge tax in states where such purchases are taxable and your invoice will include both the purchase price and sales tax based on the bill-to address for you for your credit card at the sales tax rates then in effect at the time of purchase. You agree that you are responsible for all charges incurred by your use of the Sites and you expressly authorize CURE to charge the credit card provided by you or listed on your account for any outstanding fees or costs due to CURE or any donations submitted online via the Sites.

TERM & TERMINATION

These Terms of Use are effective from the date that you first access the Sites and continues in effect until terminated in accordance with these Terms of Use.

CURE may terminate your access to the Sites or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms of Use; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (viii) discontinuance of the Services as a whole; (ix) a statement by you that you no longer agree to these Terms of Use, or a statement by you otherwise requesting termination of your access to the Services; (x) completion of the CURE or other fundraising event or program in which you are participating; and/or (xi) any other reason reasonably considered by CURE to be in its best interest.

Your access to the Sites or the Services also will terminate automatically if you fail to comply with any term or provision of these Terms of Use. You agree that any termination of your account and/or your access to the Sites or the Services may be effected without prior notice and you acknowledge and agree that CURE may immediately deactivate or delete your account and all related information, files or content in your account and/or bar any access to such information or content by you or others. CURE shall not be obligated to return or provide copies of any information, files or content in your account to you upon deactivation.

Upon termination, CURE will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to CURE with respect to the Services terminated or the Sites; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms of Use, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Sites or the Services.

DISPUTE RESOLUTION AND REMEDIES

Dispute Resolution

In the event of any dispute arising out of these Terms of Use, you and CURE each agree to use good faith efforts to resolve our differences amicably. In the event those efforts are unsuccessful, you and CURE agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or CURE may initiate the mediation process with thirty (30) days’ prior written notice to the other. The dispute shall be submitted to mediation in Chicago, IL U.S.A. Costs of mediation shall be borne equally by both you and CURE. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and CURE agree to extend the time by mutual agreement or unless the mediator declares you and CURE to be at an impasse. Notwithstanding the above, in the event that CURE believes that immediate injunctive relief is required to protect its rights, CURE may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.

Equitable Remedies 

You agree that, if the terms of these Terms of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies.

Governing Law; Venue; Statute of Limitations 

These Terms of Use are governed by the laws of the State of Illinois, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Chicago, Illinois. You agree that the statute of limitations for any claim against CURE shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.

MISCELLANEOUS

Sponsors

CURE may choose to acknowledge certain persons and companies who have provided donations or sponsorships in furtherance of our mission. Such acknowledgement may be in the form of recognition on the Sites by use of such persons or companies’ own names or marks and/or links to such person or companies’ own websites. However, CURE does not solicit or permit the purchase or use of advertisements or commercial endorsements on the Sites by any person or company (including, without limitation, its sponsors and donors). If you choose to click on the links to any of our sponsors’ websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of our sponsors, you do so on your own initiative and you agree that CURE is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such sponsors in conjunction with the Sites.

Notice of Claims of Intellectual Property Violations 

The content of the Sites may include pictures, information, testimonials, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. CURE does not permit the use of content on the Sites that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms of Use. If you believe that any of the content on the Sites infringes your copyright or trademark rights or your rights of publicity, please provide CURE’s general counsel (whose contact information provided below) with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CURE to locate the material.
  4. Information reasonably sufficient to permit CURE to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

CURE’s agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is its General Counsel, who can be reached, as follows:

By mail:
Citizens United for Research in Epilepsy
Attention: Legal Department
430 W. Erie, Suite 210
Chicago, IL 60654

Please provide all of the information requested above. No specific form is required to provide CURE with notifications of possible infringement. However, it will take CURE longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.

Severability 

If any provision of these Terms of Use is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms of Use and shall not effect the legality, validity, or enforceability of the remaining provisions of these Terms of Use.

Failure by us to enforce any particular term of these Terms of Use shall not be construed as a waiver of any of our rights hereunder.

These Terms of Use have been written in the English language and the English language shall control. These Terms of Use, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive these Terms of Use in any language other than English.

These Terms of Use (and each supplemental agreement referenced in or referencing these Terms of Use found on the Sites) constitutes the entire agreement between you and CURE with respect to the Sites and the Services.

Contact Information 

If you have any questions regarding these Terms of Use, you may write to CURE:

By mail:
Citizens United for Research in Epilepsy
430 W. Erie, Suite 210
Chicago, IL 60654

By email: info@cureepilepsy.org

Revised: 07/17/2018