Terms and Conditions
Healthy Child Healthy World is now a program powered by the Environmental Working Group (EWG). As such, its web properties are now subject to EWG’s standard terms, conditions, and user agreement guiding its web and/or mobile application properties.
TERMS, CONDITIONS, AND USER AGREEMENT:
Updated April 2016 — This policy updates and overrides any pre-existing policies found on any EWG web properties.
Agreement. Use of and access to EWG’s web, database, e-mail, 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, e-mail, and/or mobile application 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.
Personal Use. EWG’s web, database, e-mail, 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, e-mail, and/or mobile application properties, nor transfer to or store any data residing or exchanged over EWG’s web, database, e-mail, 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, e-mail, and/or mobile application properties.
Dynamic Database. EWG’s web, database, and mobile application properties are dynamic. This means that product ratings may change based on evolving science, new information, or other factors, as well as that the contents of e-mail messages and consumer guides may not reflect EWG’s current ratings or evaluations of products. 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, or products referenced in e-mail messages. EWG hereby disclaims all warranties with regard to the products rated on its web, database, and mobile application properties, or referenced in e-mail messages, including express warranties, statutory warranties, implied warranties of merchantability, or warranties of fitness for a particular purpose.
EWG further disclaims all warranties with regard to any products made available to members of the public by EWG, 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’s web, database, e-mail, 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. Notwithstanding the foregoing, HCHW, Inc., a California nonprofit public benefit corporation, is the owner of all Healthy Child Healthy World trademarks, service marks, trade names, and logos (including, but not limited to, “Healthy Child Healthy World” and “Mom On A Mission”), the domain name healthychild.org, and all Healthy Child Healthy World content created before October 29, 2014, to which EWG is the exclusive licensee. All copyrights and trademarks not the property of EWG or HCHW, Inc. that are used or referred to in EWG’s web, database, e-mail, mobile application properties, and other EWG 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, HCHW, Inc., 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 respects others’ intellectual property rights, and reserves the right to delete or disable content alleged to be infringing from EWG’s web, database, e-mail, and mobile application 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’s web, database, or mobile application properties, or in e-mail messages, please contact EWG by e-mail at firstname.lastname@example.org or postal mail at 1436 U St. NW, Suite 100, 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 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’s web, database, e-mail, and/or mobile application properties, you acknowledge that any reliance upon any advice, opinion, statement, recommendation, or other information displayed or distributed through EWG’s web, database, e-mail, 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, e-mail, 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.
Medical Disclaimer. Any and all information and advice that EWG 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’s web, database, e-mail, and mobile application properties. Without limiting any other terms or conditions of this Agreement, EWG 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 nor any of its affiliates, 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 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, e-mail, and mobile application properties. The product ratings, conclusions, recommendations, and findings that appear on EWG’s web, database, and mobile application properties, or in e-mail messages, 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, E-MAIL, 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, RECOMMENDATION, OPINION, OR OTHER INFORMATION OBTAINED THROUGH EWG’S WEB, DATABASE, E-MAIL, 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, E-MAIL, AND/OR MOBILE APPLICATION PROPERTIES, OR ANY WEBSITE LINKED TO EWG’S DATABASES.
EWG FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY PRODUCTS MADE AVAILABLE TO MEMBERS OF THE PUBLIC BY EWG, 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 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, e-mail, 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. Use of or access to EWG’s web, database, e-mail, 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. Any claims, disputes, or litigation arising in connection with the use of or access to EWG’s web, database, e-mail, and/or mobile application 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’s web, database, e-mail, 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.
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. 100, Washington, DC 20009