Updated April 2016 — This policy updates and overrides any pre-existing policies found on any EWG Action Fund web properties.

Agreement. Use of and access to EWG Action Fund’s web and/or e-mail properties, as well as any related content, regardless of media, is subject to the terms, conditions, and disclaimers set forth below and to all applicable laws and regulations. EWG Action Fund reserves the right to modify these disclaimers, terms, and conditions of access without advance notice. This agreement constitutes a binding contract between EWG Action Fund and you, the user. By accessing one of EWG Action Fund’s web and/or e-mail properties, you hereby accept this User Agreement in full. As a material condition of such access and use, you warrant that you are over the age of thirteen and that you have provided complete and accurate information in any communication with EWG Action Fund.

Personal Use. EWG Action Fund’s web and/or e-mail properties are provided solely for your personal, non-commercial use. They are offered to educate the public about health and environmental issues. You may not develop or derive for commercial sale, or any other use, any data in machine-readable or other form that incorporates or uses any substantial part of EWG Action Fund’s web and/or e-mail properties, nor transfer to or store any data residing or exchanged over EWG Action Fund’s web and/or e-mail properties in any electronic network for use by more than one user, unless you obtain prior written permission from EWG Action Fund. Specifically, unless explicitly authorized in these terms and conditions, or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from EWG Action Fund’s web and/or e-mail properties.

Dynamic Research. EWG Action Fund’s web properties are dynamic. This means that any product evaluations, advice, or recommendations may change based on evolving science, new information, or other factors, as well as that the contents of e-mail messages may not reflect EWG Action Fund’s current evaluations of products.

EWG Action Fund hereby disclaims all warranties with regard to the products referenced on its web properties and/or referenced in e-mail messages, including express warranties, statutory warranties, implied warranties of merchantability, or warranties of fitness for a particular purpose.

EWG Action Fund further disclaims all warranties with regard to any products made available to members of the public by EWG Action Fund, for example (but not limited to) consumer guides, gift bags and their contents, and product sample packs, including express warranties, statutory warranties, implied warranties of merchantability, or warranties of fitness for a particular purpose.

Copyright. EWG Action Fund’s web and e-mail properties, and all other text and images contained in EWG Action Fund’s products, are protected by United States trademark and copyright law and/or other applicable law, and are the property of EWG Action Fund, except as otherwise identified. All copyrights and trademarks not the property of EWG Action Fund that are used or referred to in EWG Action Fund’s web, e-mail properties, and other EWG Action Fund products are the property of their respective owners. Nothing contained in the site, e-mail messages, or other products shall be construed as granting any license or other rights to any copyright, trademark, patent, or other property of EWG Action Fund or any third-party, whether by implication, laches, estoppel or explicit grant.

Digital Millennium Copyright Act. The Digital Millennium Copyright Act (“DMCA”), as it relates to online service providers, requires removing material that allegedly violates someone’s copyright. EWG Action Fund respects others’ intellectual property rights, and reserves the right to delete or disable content alleged to be infringing from EWG Action Fund’s web and e-mail properties and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here.

If you believe your or someone else’s copyright is being infringed on EWG Action Fund’s web properties, or in e-mail messages, please contact EWG Action Fund by e-mail at legal@ewgactionfund.com or postal mail at 1436 U St. NW, Suite 101, Washington, DC 20009. To provide proper notice, please include in your communication: a physical or electronic signature of a person authorized to act on behalf of the owner(s) of the infringed copyright; identification of the copyrighted work or works you claim have been infringed; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; information reasonably sufficient to permit EWG Action Fund to contact you (e.g. address, telephone number, and e-mail address); a statement that you have a good faith belief that use of the material is not authorized by the copyright owner(s); and a statement that information in the complaint is accurate and that you are authorized to act on behalf of the copyright owner(s).

Risk Warning By accessing EWG Action Fund’s web and/or e-mail properties, you acknowledge that any reliance upon any advice, opinion, statement, recommendation,or other information displayed or distributed through EWG Action Fund’s web and/ or e-mail properties is at your sole risk. EWG Action Fund reserves the right, in its sole discretion and without notice, to correct any errors, omissions, or publish any update in any portion of EWG Action Fund’s web and/or e-mail properties. You acknowledge and agree that EWG Action Fund is not responsible for any materials posted by other users of EWG Action Fund’s web properties.

Medical Disclaimer: Any and all information and advice that EWG Action Fund makes available through its products and services, including through its web, database, e-mail, and mobile application properties, are for general informational purposes only and are not intended as, nor should they ever be considered a substitute for, professional medical advice. Do not use such information or advice for diagnosing or treating any medical or health condition. Always consult a physician or other qualified healthcare provider in all matters related to your health and/or the health of any family member, friend, or acquaintance, including questions about medical conditions, particularly regarding symptoms that may require diagnosis or medical care. Never disregard or delay seeking professional medical advice or care because of something you have read on any of EWG Action Fund’s web, database, e-mail, and mobile application properties. Without limiting any other terms or conditions of this Agreement, EWG Action Fund makes no representations or warranties with respect to any information or advice offered or provided through its products and services regarding treatment, action, or application of medication or medical care. Neither EWG Action Fund nor any of its affiliates, including EWG, nor any of their respective officers, directors, representatives, agents, advisors, contractors, and employees, will be liable for any direct, indirect, consequential, special, or any other damages arising therefrom.

Indemnification. You hereby agree to indemnify, defend, and hold harmless EWG Action Fund from and against any and all liability and costs incurred by EWG Action Fund in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties, or obligations set forth in this User Agreement. You shall cooperate as fully as reasonably required in the defense of any claim.

Accuracy. EWG Action Fund has worked to ensure the accuracy of the information it provides through its products and services, including through EWG Action Fund’s web and/or e-mail properties. Any product evaluations, recommendations, and findings that appear on EWG Action Fund’s web properties or in e-mail messages reflect EWG Action Fund’s research at the time of publication. Please be advised that this information frequently relies on data obtained from many sources, and accordingly, EWG Action Fund cannot guarantee the accuracy of the information provided or any analysis based thereon. Moreover, in light of evolving regulatory and market conditions, subsequent product reformulations, and other factors, this information may no longer be current.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT THE USE OF EWG ACTION FUND’S ONLINE CONTENT AND SERVICES, INCLUDING EWG ACTION FUND’S WEB AND/OR E-MAIL PROPERTIES, IS AT YOUR SOLE RISK. EWG ACTION FUND’S CONTENT IS PROVIDED ON AN ‘AS IS’ BASIS AND EWG ACTION FUND MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EWG ACTION FUND DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NO ADVICE, RECOMMENDATION, OPINION, OR OTHER INFORMATION OBTAINED THROUGH EWG ACTION FUND’S WEB AND/OR E-MAIL PROPERTIES, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM EWG ACTION FUND NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS OTHERWISE STATED, EWG ACTION FUND MAKES NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON EWG ACTION FUND’S WEB AND/OR E-MAIL PROPERTIES, OR ANY WEBSITE LINKED TO EWG ACTION FUND’S WEB PROPERTIES.

EWG ACTION FUND FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY PRODUCTS MADE AVAILABLE TO MEMBERS OF THE PUBLIC BY EWG ACTION FUND, FOR EXAMPLE (BUT NOT LIMITED TO) CONSUMER GUIDES, GIFT BAGS AND THEIR CONTENTS, AND PRODUCT SAMPLE PACKS, INCLUDING EXPRESS WARRANTIES, STATUTORY WARRANTIES, IMPLIED WARRANTIES OF MERCHANTABILITY, OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.

EWG ACTION FUND AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER EWG ACTION FUND WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, EWG ACTION FUND’S LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.

Third-Party Sites. EWG Action Fund’s web and/or e-mail properties may contain links and pointers to other sites on the Internet, which may be maintained by third-parties. Such links do not constitute an endorsement by EWG Action Fund of any third-party site or any materials contained therein. EWG Action Fund does not control, and is not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products, or services accessible from such third-party sites.

Fee-Shifting, Choice of Law. If you attempt to bring any legal action against EWG Action Fund based in any way on its products or services, including EWG Action Fund’s web and/or e-mail properties, you agree that, in the event you do not prevail or EWG Action Fund does prevail, you will reimburse EWG Action Fund for any costs and attorneys fees associated with EWG Action Fund’s defense of the action. Use of or access to EWG Action Fund’s web and/or e-mail properties and any claim or dispute relating to EWG Action Fund’s web and/or e-mail properties shall be governed by the laws of the District of Columbia, without regard to its conflicts of law principles. Any claims, disputes, or litigation arising in connection with the use of or access to EWG Action Fund’s web and/or e-mail properties will be brought solely in the District of Columbia, and you consent to the jurisdiction of such courts. Use of or access to EWG Action Fund’s web and/or e-mail properties is unauthorized in any jurisdiction that does not give full effect to all provisions of these terms of service, including without limitation this paragraph. If any provision or portion of these terms and conditions is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire User Agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.

CONTACT INFORMATION
For questions or suggestions regarding our Terms, Conditions, and User Agreement, please contact us at:
Phone: (202) 667-6982
Fax: (202) 232-2592
Postal Address: 1436 U Street, NW, Ste. 101, Washington, DC 20009