Use of Material on the Website
Except for the limited use set out in clause 2, you may not use the Website, or the material contained on it, for any purpose. This involves:
a) the reproduction of the material in any material form;
b) the distribution of the material in any material form;
c) retransmission of the material by any medium of communication;
d) uploading and/or reposting the material to any other site on the world wide web;
e) ‘framing’ the material on the website with other material on any other website.
Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
You may not modify or copy:
a) the layout of the Website; and
b) any computer software and code contained in the Website.
International Esodata Study Group reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:
a) re-sold and/or re-distributed in any material form;
b) stored in any storage media; and/or
c) retransmitted in any media; without the prior written consent of International Esodata Study Group.
Links to other Websites
The Website contains links to other websites that are owned and operated by third parties and which are not under the control of International Esodata Study Group.
In relation to such websites, International Esodata Study Group:
a) provides the links to other sites as a convenience to you. The existence of a link to other sites does not imply any endorsement by International Esodata Study Group of the linked site; and
b) is not responsible for the material contained on those linked sites.
Use of information Gathered
International Esodata Study Group and/or people authorized by it may gather and process the information:
a) which you may provide when accessing the Website, such as your name, address, email address and other personal information and
b) regarding the way in which you use the Website including, without limitation, information acquired through the use of cookies programmed during the accessing of the Website.
The gathering and processing of information is for research and assessment purposes only and not for commercial gain.
DISCLAIMER
International Esodata Study Group and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising either directly or indirectly from your access and use of the Website. Without limiting the generality of this clause, this applies in relation to or in connection with any material and/or information supplied in respect of advertising and information provided on this Website and as a consequence of removing any material and/or information from this Website.
International Esodata Study Group is making the Website available for others to publish information without assuming a duty of care to users. International Esodata Study Group is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability, timeliness or otherwise, of the information contained on the Website and/or linked sites.
Before commencing any health treatment always consult with your doctor. The material on this Website is intended as a general introduction to the topic for educational purposes and should not be seen as a substitute for your own doctor’s or your health professional’s advice. We cannot examine or give you medical advice. Only medical professionals who examine you can provide medical advice or diagnose your medical problem. We do not intend to enter into a doctor/patient relationship. Your reliance on the information you read on this Website is only at your own risk. All reasonable care is taken to ensure that the information contained here is accurate at the time of publication.
To the full extent permitted by law, International Esodata Study Group disclaims any and all warranties, express or implied, regarding:
(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
(b) the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
International Esodata Study Group will not be liable under any circumstances for any loss of profits or any damages of any kind recognized by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you: acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
International Esodata Study Group does not warrant guarantee or make any representation that:
a) the Website, or the server that makes the Website available on the world wide web are free of software viruses;
b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
c) errors and defects in the website will be corrected
International Esodata Study Group is not liable to you for:
(a) viruses, errors or omissions in the Website, or linked sites on the world wide web,
(b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(c) defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of International Esodata Study Group, its employees or independent contractors, or through any other cause.
You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
Limitation of liability
The disclaimer clauses 12 to 19 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law, International Esodata Study Group’s liability for any implied warranty or condition is limited, at the choice of International Esodata Study Group, to one or more of the following:
a) If the breach of an implied warranty or condition relates to services:
i. the supply of the services again; or
ii. the payment of the cost of having the services supplied again.
Indemnity
You will at all times indemnify and keep indemnified International Esodata Study Group and its respective officers, employees and agents (in this clause referred to as those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.
Governing Law and Jurisdiction
These conditions and all other specific and additional terms which govern your use or membership of and access to this website will be governed by and construed in accordance with the laws of state and federal courts in King County, Washington, USA and you acknowledge that you submit to the non-exclusive jurisdiction of the courts of King County, Washington, USA and any court hearing appeals from those courts.
You agree that all matters relating your access or use of website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a supplier based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
In the event of any controversy or dispute between International Esodata Study Group and you arising out of or in connection with your research collaboration or use of the data, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.