Updated October 2014 — This policy updates and overrides any pre-existing policies found on any EWG web properties.
Please note that EWG's web, database, and mobile application properties are under constant development. New services are added frequently and this agreement may therefore be modified and updated on an ongoing basis. It is important to check back to this page regularly.
Terms, Conditions, and User Agreement:
Agreement. Use of EWG's web, database, and/or mobile application 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 reserves the right to modify these disclaimers, terms, and conditions of access without advance notice. This agreement constitutes a binding contract between EWG and you, the user. By accessing one of EWG’s web, database, and/or mobile application properties, you hereby accept this User Agreement in full. As a material condition of such 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.
Personal Use. EWG’s web, database, and mobile application properties are provided solely for your personal, non-commercial use. They are meant to help consumers make informed choices and decisions about products. 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’s web, database, and/or mobile application properties, nor transfer to or store any data residing or exchanged over EWG’s web, database, and/or mobile application properties in any electronic network for use by more than one user, unless you obtain prior written permission from EWG. 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’s web, database, and/or mobile application properties.
Dynamic Database. EWG’s web, database, and mobile application properties are dynamic, which means that product ratings may change based on evolving science, new information, or other factors. Please be advised that EWG does not recommend that companies create marketing materials based on EWG’s web, database, and/or mobile application properties’ rating systems given that the ratings may change as the database is updated. EWG makes no representations or warranties about any of the products rated on its web, database, and mobile application properties. EWG hereby disclaims all warranties with regard to the products rated on its web, database, and mobile application properties, including express warranties, statutory warranties, implied warranties of merchantability, or warranties of fitness for a particular purpose.
Copyright. EWG’s web, database, and mobile application properties, and all other text and images contained in EWG's products, are protected by United States trademark and copyright law and/or other applicable law, and are the property of EWG, except as otherwise identified. All copyrights and trademarks not the property of EWG that are used or referred to in EWG’s web, database, mobile application properties, and other EWG products are the property of their respective owners. Nothing contained in the site or other products shall be construed as granting any license or other rights to any copyright, trademark, patent, or other property of EWG or any third-party, whether by implication, laches, estoppel or explicit grant.
Risk Warning By accessing EWG’s web, database, and/or mobile application properties, you acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through EWG’s web, database, and/or mobile application properties is at your sole risk. EWG reserves the right, in its sole discretion and without notice, to correct any errors, omissions, or publish any update in any portion of EWG’s web, database, and mobile application properties. You acknowledge and agree that EWG is not responsible for any materials posted by other users of EWG’s web, database, and/or mobile application properties.
Indemnification. You hereby agree to indemnify, defend, and hold harmless EWG from and against any and all liability and costs incurred by EWG 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 has worked to ensure the accuracy of the information it provides through its products and services, including through EWG’s web, database, and mobile application properties. The product ratings, images, conclusions, and findings that appear on EWG’s web, database, and mobile application properties reflect EWG’s research at the time of publication. Please be advised that this information frequently relies on data obtained from many sources, and accordingly, EWG 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'S ONLINE CONTENT AND SERVICES, INCLUDING EWG’S WEB, DATABASE, AND/OR MOBILE APPLICATION PROPERTIES, IS AT YOUR SOLE RISK. EWG'S CONTENT IS PROVIDED ON AN 'AS IS' BASIS AND EWG MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EWG DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NO ADVICE, OPINION, OR OTHER INFORMATION OBTAINED THROUGH EWG'S WEB, DATABASE, AND/OR MOBILE APPLICATION PROPERTIES, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM EWG NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS OTHERWISE STATED, EWG MAKES NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON EWG'S WEB, DATABASE, AND/OR MOBILE APPLICATION PROPERTIES, OR ANY WEBSITE LINKED TO EWG’S DATABASES.
EWG 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 WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, EWG'S LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES' LAWS.
Fee-Shifting, Choice of Law. If you attempt to bring any legal action against EWG based in any way on its products or services, including EWG’s web, database, and/or mobile application properties, you agree that, in the event you do not prevail or EWG does prevail, you will reimburse EWG for any costs and attorneys fees associated with EWG’s defense of the action. The use of EWG’s web, database, and/or mobile application properties and any claim or dispute relating to EWG’s web, database, and/or mobile application properties shall be governed by the laws of the District of Columbia, without regard to its conflicts of law principles. Use of EWG’s web, database, and/or mobile application 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.