Our Privacy Policy
ARCHILEPSY, (“Archilepsy” or “we” or “us”) is committed to protecting your privacy. We created this Privacy Policy (“Privacy Policy”) to give you confidence as you visit the www.ArchilepsyMagazine.com website located within the ArchilepsyMagazine.com domain (“Website”) and use the ARCHILEPSY services (the “Services”) provided through the Website, and to demonstrate our commitment to fair information practices and the protection of privacy. Your use of the Website and the Services is governed by this Privacy Policy and the Terms of Use.
1. About This Privacy Policy and Our Services
This Privacy Policy is only applicable to the Website and not to any other websites that you may be able to access from the Website (whether through an advertisement, service, or content link) or any website of ARCHILEPSY’s partners each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.
While you may use some of the functionality of ARCHILEPSY without providing an email address, certain Services on the Website require you to provide an email address. If you use our Website without providing an email address (as well as any such future information as we may require to maintain access to the site) (collectively, “Personal Information”), the only information we collect will be Non-Personal Information through the use of Cookies or Web Beacons (please see Section 2). You are responsible for ensuring the accuracy of the Personal Information you submit to ARCHILEPSY. Inaccurate information will affect the information you receive when using our Website and our ability to contact you as described in this Privacy Policy.
2. Information We Automatically Collect About You
We collect information other than Personal Information (“Non-Personal Information”) about your use of our Website.
A. Cookies
We use “cookies” to customize your experience on the Website. “Cookies” are small computer files that are transferred to your computer’s hard drive that contain information such as your user ID, user preferences, the pages you’ve visited and the activities you’ve performed while using the Website. We do not link the information stored in cookies to any of your Personal Information you submit while on the Website. You may block cookies or delete cookies from your hard drive; however, by disabling cookies, you may not have access to all of the features of the Website. Some of our business partners also use cookies to provide us with anonymous data and information regarding your use of the Website. We do not have access or control over these cookies and our privacy policy does not cover the use of third party cookies.
B. Web Beacons
We or our third party tracking utility company also use “web beacons” to collect anonymous information about your use of our Website and the websites of selected sponsors and advertisers, and your use of emails, special promotions or newsletters we send to you. Web beacons are tiny graphic image files embedded in a web page or email that provide a presence on the web page or email and send back to its home server information from the user’s browser. The information collected by web beacons allows us to statistically monitor how many people are using our Website and selected sponsors' and advertisers' sites and opening our emails, and for what purposes. Our web beacons are not used to track your activity outside of our Website. We do not link Non-Personal Information from web beacons to Personal Information without your permission.
C. Traffic Data
We automatically track and collect the following categories of information when you visit our Website: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Website; (4) types of web browsers used to access the Website; (5) referring source which may have sent you to the Website; and (6) other information associated with the interaction of your browser and the Website (collectively “Traffic Data”). We do not link Non-Personal Information from Traffic Data to Personal Information without your permission.
3. Personal Information We Collect About You
A. Email to You
We use the Personal Information that you provide to respond to your questions, provide you the specific Services you select and send you emails about Website maintenance and updates. You may choose not to provide us with any Personal Information. In such case, you can still access and use parts of the Website; however you will not be able to access and use those portions of the Website that require your Personal Information.
Subject to the Privacy Policy, if you contact ARCHILEPSY, we may use any of the information you submit in connection with your inquiry, or any Personal Information and Non-Personal Information when responding to your inquiries.
We may use your contact data to send you information to contact you when necessary, and in conjunction with your use of certain Services. In some cases, when you click on a link in an e-mail, your browser may be momentarily directed to the website of a third party which, acting on behalf of ARCHILEPSY (see Section 5 below), notes or "counts" your response to the e-mail before re-directing your browser to your selected destination; this re-direction process may not be apparent to you.
B. Market Research
From time to time the ARCHILEPSY market research department, or its operations contractors acting on its behalf, may conduct online research in order to gather feedback about our site and our sponsors through email invitations, pop-up surveys and online focus groups. When participating in a survey, we may ask you to submit Personal Information. This Personal Information is used for research purposes, and is not used for sales solicitations. When a survey is sponsored by a third party, aggregate information of the survey results is reported to the sponsor. Personal Information collected through market research will be used only by ARCHILEPSY and its service providers and contractors and will not be given or sold to a third party without your consent or as otherwise permitted by this Privacy Policy. We will not knowingly accept survey responses from or conduct interviews with any person under the age of 18. In addition to collecting survey responses from our members, cookies may be used to authenticate respondents or to help you pick up where you left off in a survey. If you have cookies disabled you may not be able to participate in some studies. Cookies may be used to connect survey data with ARCHILEPSY site usage characteristics. You will be notified when we would like to use cookies in this way and your consent will be requested for these cookies.
C. Children
We do not knowingly collect Personal Information from children under the age of 13.
4. ARCHILEPSY’s Use of Your Information
We may use your contact data to send you information about ARCHILEPSY or our products or Services, to contact you when necessary and in conjunction with your use of certain Services. We may use your Traffic Data to customize and tailor your experience on the Website, in emails and in other communications, displaying content that we think you might be interested in and according to your preferences.
5. Information Collected by Third Parties Not Acting on Behalf of ARCHILEPSY
Certain content and Services offered to you through our Website may be served on websites hosted and operated by a company other than ARCHILEPSY ("Third Party Contractor Websites"). ARCHILEPSY does not disclose your Personal Information to these Third Party Contractor Websites without your consent, but you should be aware that any information you disclose once you access these other websites is not subject to this Privacy Policy. ARCHILEPSY does not endorse and is not responsible for the privacy practices of these Third Party Contractor Websites. You should review the privacy policy posted on any other website to understand how that Third Party Contractor Website collects and uses your personally identifiable information.
6. Links to Other Websites
The Website contains links to third party websites with which ARCHILEPSY has no affiliation. ARCHILEPSY does not share your personal information with those websites and is not responsible for their privacy practices. Some websites may have the look and feel of our Website. Please be aware that you may be on a different site and that this Privacy Policy only covers our Website. Should you decide to visit one of these third party websites, we suggest that you read its privacy policy.
7. Disclosure of Your Information
We share certain categories of information we collect from you in the ways described in this Privacy Policy. We share Personal Information and Traffic Data with our business partners who assist us by performing core services (such as website hosting, data storage and security) related to our operation of the Website and/or by making certain Services available to our users. Those business partners shall be bound to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Contact Data and other Personal Information to carry out their specific business obligations to and to provide you with Website related services.
Lastly, we may transfer information about you to another company in connection with a merger, sale or acquisition by or of ARCHILEPSY. In this event, we will use reasonable efforts to notify you before information about you is transferred and becomes subject to a different privacy policy. ARCHILEPSY does not share, sell, rent or trade your Personal Information with any third parties for their promotional purposes.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
8. Security
The Personal Information we collect about you is stored on a secure, password-protected server and only authorized personnel have access to your information. We use industry-standard encryption technologies with respect to the receipt and transfer of Personal Information you submit to us on the Site and only authorized personnel have access to your information. Nevertheless, despite our best efforts, no transmission over the Internet and no data storage method can be guaranteed to be safe 100% of the time.
9. Choice/Opt-out
If you no longer wish to receive emails, you may opt-out of receiving them by following the instructions included in each email, or by emailing us at Editor(at)ArchilepsyMagazine(dot)com.
Or send a request via postal mail to:
ARCHILEPSY, P.O.Box 902 Chicago, IL 60690
10. Transfer and Storage of Data
The Website is hosted on servers in the United States. Accordingly, if you are located outside of the United States, the Personal Information you provide to us will be transferred to the United States. By submitting your Personal Information, you consent to its transfer and storage in the United States and its use in accordance with the purposes for which it was originally collected.
11. Changes to This Privacy Policy
We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy so please review it frequently. If we do, then we will notify you here, as well as by posting a notice on our Website and/or by e-mailing you. In all cases, use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.
Our Terms and Conditions
The following terms and conditions constitute an agreement between you and ARCHILEPSY (“Archilepsy”, “we,” or “us”), the operator of archilepsymagazine.com and (the “Site”). This agreement (the “Terms of Use”) governs your use of the Site.
BY USING THE SITE, YOU SIGNIFY THAT YOU AGREE TO THE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you consent to resolve in the State of Illinois any dispute that you may have with us, or the Site. Please note that we offer the Site "AS IS" and without warranties.
1. The Services
Everything we offer on the Site is referred to in the Terms of Use collectively as the “Services."
2. Changes to the Terms of Use
We may change the Terms of Use at any time, as we reasonably deem appropriate. Upon any change in the Terms of Use, we will post the amended agreement on the Site with notice of the changes and/or send you an email notifying you of the nature of the modifications providing a link to the modified document on the Site for your review. Your continued use of the Site and/or the Services following receipt of such notification shall constitute your affirmative acknowledgement of the Terms of Use and its modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept the Terms of Use, including following receipt of notification of any modifications hereto, then you agree not to use the Site.
3. Email Address
To access certain features of the site, you may be asked to provide your email address.
4. Your Personal Information
We respect your privacy and take great care to keep your information safe. To access certain features of the site, you may be asked to provide certain personal information about yourself. The ARCHILEPSY Privacy Policy explains the information practices that apply to this and other personal information we have about you, as well as any choices you can make about the ways this information is used. Please review it carefully.
5. Your Responsibilities
You are responsible for all use of the Site and the Services. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site or the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):
• copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services, with the exception of the downloads offered on the Site;
• remove notices of any copyright, trademark or other proprietary rights contained in or on the Site and/or the Services or in any content or other material obtained via the Site and/or the Services;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
• reformat or frame any portion of the web pages that are part of the Site and/or the Services;
• create user accounts by automated means or under false or fraudulent pretenses; or
• collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
In addition to our rights under Section 17, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce the Terms of Use.
6. Changes to the Services
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by the Terms of Use. You agree that Archilepsy will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
7. Links to Other Sites
The Site may contain advertisements and/or links to other sites (“Third Party Websites”). These links are provided solely for the convenience of the users. ARCHILEPSY does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Website or any products or services advertised on Third Party Websites. If you decide to leave the Site and navigate to Third Party Websites, or install any applications, software or download content from any such websites, you do so at your own risk. Once you access a Third Party Website through a link on the Website, you may no longer be protected by these Terms of Use and you may be subject to the terms of use and other conditions of such Third Party Website. You should review the applicable terms and policies, including privacy and data gathering practices, of any such site to which you navigate to from the Site, or relating to any applications you use or install from such Third Party Websites. Concerns regarding a Third Party Website should be directed to the Third Party Website itself. ARCHILEPSY bears no responsibility for any action associated with any Third Party Website. Moreover, ARCHILEPSY does not imply an affiliation with any Third Party Website.
8. Additional Terms
Certain of the Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement the Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
9. Content You Post or Submit
We reserve the right to remove any content that you submit, publish or display on the Site or transmit to other members and/or users of the Site (hereinafter, “Posted Content”) in our sole discretion. We are not, however, responsible for any failure or delay in removing Posted Content. Keep in mind that the Posted Content of others is simply opinion and should not be relied on. In addition:
• You are solely responsible for your Posted Content.
• You may not post, distribute, or reproduce in any way any material subject to copyright, trademark or other third party proprietary rights without obtaining the prior written consent of the owner of such third party proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
• You may not provide any Posted Content that falsely expresses or implies that such content or material is sponsored or endorsed by ARCHILEPSY.
• You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
• You understand and agree that ARCHILEPSY may review and delete any Posted Content that in the sole judgment of ARCHILEPSY violates the Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site and/or other website users.
• As applicable, you agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
• By posting Posted Content on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, ARCHILEPSY, its contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive.
The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. ARCHILEPSY reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of or blocking use of the Services and/or the Site by such violators. You may not post content that:
• is false or intentionally misleading;
• harasses or advocates harassment of another person;
• involves the transmission of unsolicited mass mailing or "spamming";
• violates the intellectual property or other rights of any person;
• is threatening, obscene, defamatory or libelous; or
• is pornographic or sexually explicit in nature.
Notwithstanding any other provisions contained herein, any comments, suggestions, or feedback relating to the Site or the Services (collectively “Feedback”) submitted to ARCHILEPSY shall become the property of ARCHILEPSY or its designee. ARCHILEPSY will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Services, or operations. Without limitation, ARCHILEPSY will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not ARCHILEPSY, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
10. Copyright Dispute Policy
ARCHILEPSY has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of ARCHILEPSY’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the end of this section.
ARCHILEPSY Policy.
It is ARCHILEPSY’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements
If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that ARCHILEPSY is capable of finding and verifying its existence;
• Contact information about the notifier including address, telephone number and, if available, email address;
• A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Receipt of a Bona Fide Infringement Notification
• Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is ARCHILEPSY’s policy:
• To remove or disable access to the infringing material;
• To notify the content provider, member or user that it has removed or disabled access to the material; and
• That for repeat offender, as determined in ARCHILEPSY’s sole discretion) ARCHILEPSY will also terminate such content provider's, member's or user's access to the Site and Services.
Procedure to Supply a Counter-Notice to the Designated Agent
If the content provider, member or user believes that either the material that was removed or to which access was disabled is either not infringing, or that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
• A physical or electronic signature of the content provider, member or user;
• Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
• The content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which ARCHILEPSY is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
Removal
If a counter-notice is received by the Designated Agent, ARCHILEPSY may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at ARCHILEPSY’s discretion.
Address for Designated Agent
Please contact ARCHILEPSY’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
[Kevin Frank],
Copyright Agent, ARCHILEPSY, P.O. Box 902, Chicago, IL 60690.
Email to: editor(at)ArchilepsyMagazine(dot)com.
11. Your Use of Content
Except for content posted or submitted by you or any other visitors to the Site, all of the content available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected, as applicable, by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain ARCHILEPSY’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever except as expressly provided herein. Except as is expressly provided herein, ARCHILEPSY and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by ARCHILEPSY to you are retained by ARCHILEPSY.
12. Disclaimer of Warranties
WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ARCHILEPSY MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. ARCHILEPSY DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
13. General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES OR (B) $100. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 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.”
14. Termination
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of the Terms of Use or other policies and terms posted on the Site by you. Notwithstanding any other provisions contained herein, we may also cancel or suspend your registration for any other reason, including without limitation inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. ARCHILEPSY shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination. You may terminate your ARCHILEPSY account at any time by contacting editors@ARCHILEPSYmag.com, if you are a patient user. If you are a Provider you may terminate your account through the “Account Settings” tab on your account and in accordance with the Provider Agreement. Sections 1, 11, 12, 13, 14, 15, 16, 17, 18, 20, and 21 shall survive any termination or expiration of the Terms of Use.
15. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of the Terms of Use by you of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
16. Electronic Contracting and Notice
Your affirmative act of using this Site and/or the Services constitutes your electronic signature to the Terms of Use and your consent to enter into agreements with us electronically.
17. Entire Agreement
This agreement and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of ARCHILEPSY to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
18. Choice of Law and Dispute Resolution
This agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Illinois as applied to contracts made and to be performed entirely within Illinois, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to the Terms of Use or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State of Illinois, City of Chicago, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.
19. Assignment
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense the Terms of Use to anyone else and any attempt to do so shall be null and void.
20. Eligibility
You must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Site and the Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.
21. Independent Contractors
The relationship between you and ARCHILEPSY is one of independent contractors. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, or to represent the other party as agent, employee, or in any other capacity, except as specifically provided herein.
