Terms and Conditions of Use
Ewing Sarcoma Institute (“ESI”), is a Texas-based non-profit corporation that is tax exempt under section 501(c)(3) of the Internal Revenue Code. ESI is dedicated to radically improving outcomes for Ewing sarcoma patients by uniting the global community to accelerate collaborative scientific discovery and development of breakthrough treatments. ESI maintains the website www.ewingsarcoma.org, including any content, functionality and services offered on or through www.ewingsarcoma.org or any other website or webpage operated by ESI (the “Website”).
These Terms and Conditions of Use govern your use of the Website. The Website includes all information, tools, materials, applications, updates, notifications, user interfaces and any other features and functionality (including but not limited to, all software, text, displays, images, video and audio, and the design, selection and arrangement thereof), and any other content found on the Website.
The terms “we”, “us”, “our” and similar terms refer to ESI. The terms “you”, “your”, and similar terms refer to users of the Website. The “Terms” or “Agreement” refers to these Terms and Conditions of Use, as may be amended from time to time.
THE WEBSITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, AND YOU AGREE THAT ESI IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM YOUR USE OF THE WEBSITE. ESI DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TREATMENT, DRUGS, TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH THE WEBSITE. YOUR RELIANCE UPON THE WEBSITE IS SOLELY AT YOUR OWN RISK.
The Terms, which include our Privacy Policy (the “Privacy Policy”), are a binding legal agreement and govern your use of the Website. By checking the “I accept the Terms and Conditions of Use” box or by otherwise using the Website, you accept and agree to be bound by these Terms as amended from time to time. If you are using the Website on behalf of any other legal entity, you represent and warrant that you have the legal authority to bind such entity to these Terms, as amended from time to time.
Any use of the Website not expressly permitted by these Terms is a breach of these Terms, and ESI may immediately suspend or revoke your access to the Website.
ESI reserves the right to change these Terms and Conditions of Use at any time in its sole discretion by posting revisions onto the Website and identifying the date of last update. Your use of the Website after such changes have been posted shall constitute your acceptance of the revised Terms and Conditions of Use.
You are responsible for making all arrangements necessary for you to have access to the Website. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You must provide information that is correct, current and complete.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password or other security information. If you permit any other person to use your account, you will be responsible for their activities while using the Website. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate.
ESI does not guarantee a specific level of service, system reliability or uptime of the Website. We will not be responsible or liable if for any reason all or any part of the Website is unavailable at any time or for any period. We may suspend access to the entire Website, or some parts of the Website, or close it indefinitely, in our sole discretion.
From time to time, we may post on our blog information about the results of recent research studies, about the efforts of providers, care-givers, researchers, our partner patient foundations or others engaged in patient communities to support patients and improve patient outcomes, or about other items that we believe may be of interest to our patient communities. This information presented on or through the Website is made available solely for general information purposes and is not intended to create a professional relationship with you of any sort. We do not warrant the accuracy, completeness or usefulness of this information, and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by our partner researchers, our partner patient foundations, other bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content expressly authored by ESI, are solely the opinions and the responsibility of the person or entity providing those materials and do not necessarily reflect the opinion of ESI. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties on or through the Website.
You may create a link from another site that you own to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part (unless we have expressly agreed to this in writing). Except as provided below (regarding social media features), you may not establish a link from any website that is not owned by you and you may not link to any part of the Website other than the homepage. We reserve the right to withdraw linking permission without notice.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Website, send e-mails or other communications with certain content, or links to certain content, on the Website, or cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. In addition to the limitations on linking set forth above, you may not cause the Website or portions of it to be displayed on any other site.
ESI is committed to processing and protecting the personal data collected when you use the Website in compliance with its obligations under applicable privacy laws, laws governing the privacy of your personal data, including, if applicable to you, the European Union General Data Protection Regulation. ESI’s policy is to retain personal data necessary to provide our services, except that we may retain your personal data for longer periods where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce these Terms, or fulfill your request to “unsubscribe” from further messages from us. This policy applies to personal data that you or others provided to us and personal data generated or inferred from your use of our services. When ESI is the data controller, we will decide how your personal data is processed and for what purposes.
Please see the Privacy Policy for additional information relating to the privacy and security of information collected hereunder, including details about your rights and your personal data, what data is collected, how it is processed, protected, shared, and how long it is retained.
Prohibited Uses: You may only use the Website for lawful purposes and in accordance with these Terms and Conditions of Use. You agree not to use the Website to:
You are solely responsible and liable for all data, information, and other materials (“Content”) that you submit, upload, post, e-mail, or otherwise transmit (“Transmit”) in connection with the Website. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third-party of information made public through the Website. With respect to Content that you Transmit to the Website, you grant ESI a perpetual, worldwide, royalty-free, non-exclusive license to reproduce, display, publish, modify, distribute and create derivative works of such Content and to allow others to do so; however, ESI will only share personally identifiable information that you have not made publicly available in accordance with the Privacy Policy.
You may submit questions, comments, suggestions, ideas, original or creative materials or other information about ESI, the Website, our products or services (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of ESI. ESI shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Website and all associated marks, names and logos, are owned by ESI, its licensors, collaborators, or other providers. “Ewing Sarcoma Institute” and its logos and seal are trademarks of ESI. Except for purposes of attribution as required pursuant to these Terms and Conditions of Use, you may not use ESI’s names or logos, or any variations thereof, without prior written consent of ESI. You may not use ESI’s name in any of its forms nor ESI seals or logos for promotional purposes, or in any way that deliberately or inadvertently claims, suggests, or in ESI’s sole judgment gives the appearance or impression of a relationship with or endorsement by ESI.
If you use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Website not expressly permitted by these Terms is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Your access to the Website remains in effect unless you cancel it or unless we terminate your access as provided by these Terms. We may terminate your access to and use of the Website in cases of actual or suspected fraudulent, abusive or illegal activity, or violations of these Terms or any laws or regulations. For the avoidance of doubt, notwithstanding any termination of your access, all provisions of these Terms that by their nature should survive the termination of access to the Website (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS RESULTING FROM ANY SUCH ACTION TAKEN BY ESI.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS, ESI, ON BEHALF OF ITSELF AND ITS SPONSORS AND COLLABORATORS, MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER STATUTORY, EXPRESS OR IMPLIED, BY COURSE OF COMMUNICATION OR DEALING, OR OTHERWISE WITH RESPECT TO THE WEBSITE AND ANY RESULTING RESEARCH OR OTHER USE OF THE WEBSITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ESI, ON BEHALF OF ITSELF AND ITS SPONSORS AND COLLABORATORS, MAKES NO WARRANTY OF ANY KIND THAT THE WEBSITE AND ANY RESULTING RESEARCH OR OTHER USE OF THE WEBSITE WILL MEET YOUR OR ANY THIRD-PARTY’S REQUIREMENTS, OR ACHIEVE ANY INTENDED RESULT OR THAT THE USE OF THE WEBSITE WILL COMPLY WITH INTERNATIONAL, FEDERAL, STATE OR MUNICIPAL LAWS AND REGULATIONS.
ESI, ON BEHALF OF ITSELF AND ITS SPONSORS AND COLLABORATORS, DISCLAIMS ANY RESPONSIBILITY FOR OR ASSURANCES REGARDING THE QUALITY, FUNCTIONALITY OR SAFETY OR ANY RESEARCH RESULTING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR ANY DEFECT, ERRORS OR MALFUNCTION IN CONNECTION THEREWITH.
YOU UNDERSTAND AND ACKNOWLEDGE THAT: YOU ARE A SOPHISTICATED INDIVIDUAL THAT HAS HAD THE OPPORTUNITY TO OBTAIN ANY AND ALL INFORMATION RELEVANT TO THE USE OF THE WEBSITE; YOU HAVE NO OBLIGATION TO USE THE WEBSITE AND YOU DO SO IN YOUR SOLE DISCRETION; YOU HAVE ACCEPTED ALL RESPONSIBILITY AND ESI, ON BEHALF OF ITSELF AND ITS SPONSORS AND COLLABORATORS, RETAINS NO RESPONSIBILITY FOR YOUR USE OF THE WEBSITE; AND YOU WILL COMPLY WITH ALL LAWS AND GOVERNMENTAL RULES, REGULATIONS AND GUIDELINES, INCLUDING ANY SAFETY PRECAUTIONS, THAT ARE APPLICABLE TO THE WEBSITE OR THE USE THEREOF.
ESI DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. NEITHER ESI NOR ANY PERSON ASSOCIATED WITH ESI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE WEBSITE. ESI WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, OR YOUR USE OF ANY WEB PLATFORM LINKED TO THE WEBSITE.
NEITHER ESI NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES AGENTS, AFFILIATES, VOLUNTEERS, SPONSORS AND COLLABORATORS AND THEIR RESPECTIVE SUCCESSORS, HEIRS AND ASSIGNS BE LIABLE OR RESPONSIBLE FOR, OR INDEMNIFY YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, WITH RESPECT TO YOUR USE, OR INABILITY TO USE, THE WEBSITE; ANY WEB PLATFORMS LINKED TO THE WEBSITE; ANY RESULTING RESEARCH OR DISCOVERIES; ANY ERROR, FAILURE OR DEFECT OF THE WEBSITE; OR ANY HARM OR INJURY CAUSED BY USE OF THE WEBSITE.
To the fullest extent permitted by law, you and/or your institution/organization shall indemnify ESI and all of its directors, officers, employees, agents, affiliates, volunteers, and collaborators and their respective successors, heirs and assigns (collectively, the “Indemnified Parties”) from and against any and all losses and liabilities, including, without limitation, reasonable attorneys’ fees incurred by the Indemnified Parties in connection with any claim arising from or related to your breach of these Terms and Conditions of Use, your access and use of, or inability to access and/or use, the Website. You and your institution/organization shall cooperate as fully in the defense of any such claim.
Please read this arbitration provision carefully to understand your rights. Except where prohibited by applicable law, you agree that all disputes arising out of or relating to the Website, any information you provide through the Website, these Terms (including performance and alleged breach), and your use of the Website will be exclusively resolved under confidential binding arbitration. You acknowledge and agree that you are waiving the right to bring a lawsuit in court against ESI or its affiliates, including the right to a trial by jury, and rights available in court, such as discovery or the right to appeal, may be more limited or may not exist. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person for a binding decision, instead of having such dispute decided in a lawsuit, in court, by a judge or jury trial.
You agree that ESI may, in its sole discretion, transfer the operation, maintenance and control of the Website to another entity without your prior consent. You hereby agree and acknowledge that, in connection with any transfer of the operation, maintenance and control of the Website or otherwise, ESI may assign this Terms and Condition of Use to such other entity without your prior consent. In the event ESI does assign these Terms and Conditions of Use, ESI will post a notification on the Website and take commercially reasonable efforts to notify you at the email address you have provided during your account registration.
To the extent authorized by applicable law, by using the Website, you consent to receiving electronic communications from ESI. These communications may include notices about your account and information concerning or related to the Website. You may opt out at any time pursuant to applicable law governing electronic communications.
This Agreement shall be governed and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any dispute arising under or related to this Agreement shall be brought in the state or federal courts of the State of Texas.
These Terms constitute the entire agreement between you and ESI with respect to your use of the Website, and supersede any prior agreements and understandings, oral or written, relating to the use of the Website. No failure or delay in enforcement of rights hereunder will be deemed a waiver of such rights, nor will any waiver be deemed effective unless expressly made in writing. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extend such that the remaining provisions of the Terms will continue in full force and effect.
Updated July 2025
© 2025 ESI. All rights reserved.
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