Terms and Conditions of Use 2018-06-11T12:49:12+00:00

Terms and Conditions of Use

1. Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

2. Copyright notice

2.1    Copyright (c) 2018 Food and Drug Law Institute (FDLI).

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. License to use website

3.1    You may:

(a)    view pages from our website in a web browser;
(b)    download pages from our website for caching in a web browser;
(c)    print pages from our website; and
(d)    stream audio and video files from our website;

subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3    You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);
(b)    sell, rent or sub-license material from our website;
(c)    show any material from our website in public;
(d)    exploit material from our website for a commercial purpose; or
(e)    redistribute material from our website.

3.6    Notwithstanding Section 3.5, you may redistribute our email newsletters in print and electronic form to any person.

3.7    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e)    access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f)     violate the directives set out in the robots.txt file for our website; or
(g)    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Registration and accounts

5.1    You may register for an account with our website by completing a purchase or signing up for our mailing list.

5.2    You must not allow any other person to use your account to access the website.

5.3    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.4    You must not use any other person’s account to access the website, other than to undertake approved actions on that person’s behalf.

6. User login details

6.1    If you register for an account with our website, we will provide you with or you will be asked to choose a user ID and password.

6.2    You must keep your password confidential.

6.3    You must notify us in writing immediately if you become aware of any disclosure of your password.

6.4    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7. Cancellation and suspension of account

7.1    We may:

(a)    suspend your account;
(b)    cancel your account; and/or
(c)    edit your account details,

at any time in our sole discretion without notice or explanation.

7.2    You may cancel your account on our website by contacting FDLI by phone or email.

8. Indemnity; Applicable Law

8.1    You agree to defend, indemnify, and hold FDLI, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

8.2    Except for those located in the European Union, you expressly agree that exclusive jurisdiction for any dispute with FDLI, or in any way relating to your use of the website, resides in the courts of the District of Columbia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the District of Columbia in connection with any such dispute including any claim involving the website or FDLI or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

8.3    These Terms of Use are governed by the internal substantive laws of the District of Columbia, without respect to its conflict of laws principles.

9. Disclaimers

9.1    Warranty Disclaimed

The use of the website and the FDLI content is at your own risk.  When using the website, information will be transmitted over a medium that may be beyond the control and jurisdiction of FDLI and its suppliers.  Accordingly, FDLI assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the website.

This website and the FDLI Content are provided on an “as is,” “as available” basis.  FDLI and its licensors and  suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to title, merchantability, fitness for a particular purpose or non-infringement or any warranty arising from a course of dealing, usage or trade practice.

9.2    Disclaimer of Liability

Users assume all responsibility for the use of this website. Under no circumstances, including negligence, shall FDLI or anyone else involved in creating or maintaining this website be liable for any claim, loss, or damage (including, without limitation, DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES, or LOST PROFITS of any kind whatsoever) in connection with, as a result of, or arising from the use or inability to use the website and/or any other websites that are linked to this site, including, but not limited to: (i) reliance by a member or visitor on any information obtained via the website; (ii) mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access; ) any interruption in the availability of the website or FDLI Content; (iv) statements or conduct of any third party on the website; (iv) any other matter relating to the website.  In states or countries which do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent allowed by law.

9.3    Disclaimer of Endorsement

Reference to any product, service, hypertext link to a third party or other information by trade name, trademark, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by FDLI.  FDLI shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such third party content.  You shall be solely responsible for any correspondence or transactions with third parties.

9.4    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

9.5    Children

This website is not designed or intended to attract children under the age of 16, FDLI does not collect personal information from anyone it knows is under the age of 16.

10. Breaches of these terms and conditions

10.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;
(b)    temporarily suspend your access to our website;
(c)    permanently prohibit you from accessing our website;
(d)    block computers using your IP address from accessing our website;
(e)    contact any or all of your internet service providers and request that they block your access to our website;
(f)     commence legal action against you, whether for breach of contract or otherwise; and/or
(g)    suspend or delete your account on our website.

10.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

11. Variation

11.1    We may revise these terms and conditions from time to time.

11.2    The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

12. Assignment

12.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

12.2    You may not, without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

13. Severability

13.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

13.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14. Third party rights

14.1    A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

14.2    The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

15. Entire agreement

15.1    Subject to Section 9.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

16. Our details

16.1    This website is owned and operated by the Food and Drug Law Institute (FDLI).

16.2    Our principal place of business is at 1155 15th Street NW, Suite 910 Washington, DC 20005.

16.3    You can contact us:

(a)    by mail, using the postal address given above;
(b)    by telephone, at 202-371-1420; or
(d)    by email, at [email protected].