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Terms Of Use


Enlighten Design Group, LLC


Terms of Use Agreement

  1. INTRODUCTION.

    These terms of use, as amended from time to time, are a legal agreement between Enlighten Design Group, LLC, its affiliates and any of their respective successors or assigns (collectively, “EDG”) and you regarding your use of EDG’s websites or applications created by EDG (collectively, the “Services”). The Services are offered to you by EDG and its development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third Party Providers”) who may assist in the development, hosting, operation, distribution, publication, or exploitation of the Services. Your access to and the use of the Services is subject to your acceptance of the terms, conditions, policies and notices contained herein (the “Agreement”). Your access to and use of the Services constitutes your acceptance, without modification, of this Agreement, and also our general privacy policy (as of the most recent effective date) (“Privacy Policy”) accompanying or included with the Services. In addition, we require your express acceptance to this Agreement and the Privacy Policy when you register to access and use the Services. If you do not agree to be bound by this Agreement or the Privacy Policy, then you are not permitted to access or use the Services.
     

  2. GRANT OF LIMITED LICENSE TO USE THE SERVICES.

    Subject to the terms and conditions of this Agreement, you are hereby granted a limited non-exclusive, non-transferable, revocable license during the term of this Agreement to access and use the Services. ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE RESERVED BY EDG.

    EDG reserves the right to interrupt all or any aspect of Services from time to time on a regularly scheduled basis or otherwise with or without prior notice, for any reason (or no reason), including, without limitation, in order to perform maintenance. You understand and agree that delays and disruptions of other network transmissions are completely beyond our control. You acknowledge that the Services may also be interrupted for reasons beyond the control of EDG and EDG cannot guarantee that you will be able to access the Services or your User Account whenever you may wish to do so.

    EDG has the right at any time for any reason or no reason to change and/or eliminate any aspect of the Services as EDG shall determine at its discretion. Solely for purposes of clarity and without limiting or waiving any term or condition set forth elsewhere in this Agreement, we are entitled, with immediate effect, to block your access to the Services where you: i) use the Services in a manner that violates applicable law; ii) fail to pay fees due to us in a timely manner; or iii) breach this Agreement. Your right to access and use the Services is provided at our discretion and may be suspended or terminated at any time.
     

  3. ELIGIBILITY.

    We do not sell merchandise for purchase by children via the Services. If you are under 18, you may use the Services only with the involvement of a parent or guardian. EDG reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if EDG believes that user conduct violates applicable law or is harmful to the interests of EDG or its affiliates.
     

  4. RISK OF LOSS.

    All products purchased from the EDG websites are transported and delivered to you by an independent carrier not affiliated with, or controlled by, EDG. Title to products purchased on the EDG websites, as well as the risk of loss for such products, passes to you when EDG delivers these items to the carrier.
     

  5. PRODUCT INFORMATION AND PRICING.

    EDG attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of the EDG websites are accurate, complete, reliable, current, or error-free. Unless otherwise stated, the prices displayed at the EDG Websites are quoted in U.S. Dollars. Despite our best efforts, items on our Web site may be mispriced. If you place an order and the item's correct price is lower than our stated price, we will charge the lower amount and fulfill the order. If an item's correct price is higher than our stated price we will cancel your order and notify you of the cancellation via email. We always verify price before an item is shipped, and we will not charge your credit card until the price is confirmed.

    Please note that your “Order Confirmation” means that your order request has been received. It does not mean that your order has been shipped or that the price of an item has been confirmed.
     

  6. COLORS.

    We have made every effort to display as accurately as possible the colors of our products that appear on the Services. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor or device’s display of any color will be accurate.
     

  7. ALLERGIES.

    We use the highest quality natural rubber latex stock. The material itself is considered hypoallergenic. Some people have a rare allergy to the natural proteins in natural rubber latex. It is your responsibility to determine whether you have a latex allergy, and to avoid contact with our products if you do. EDG expressly disclaims any liability for any allergic reaction caused by use of EDG products.
     

  8. LIMITED WARRANTY ON PRODUCT DEFECTS ONLY.

    Due to the bespoke nature of our products, only defective products may be returned. If returned due to defect during the Coverage Period, EDG will replace or repair the item as it sees fit in accordance with the following limited warranty:

    EDG WARRANTS TO YOU, THE ORIGINAL PURCHASER OF THE EDG PRODUCT, THAT THE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF THE INITIAL PURCHASE (“COVERAGE PERIOD”). YOUR EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY IS TO NOTIFY EDG AND TO RETURN THE PRODUCT (IN THE CONDITION PURCHASED) TO EDG AT YOUR COST; EDG WILL THEN, AT ITS DISCRETION, EITHER REPAIR THE PRODUCT OR PROVIDE YOU WITH A REPLACEMENT PRODUCT FREE OF CHARGE. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE PRODUCT NOT OTHERWISE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, SATSIFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF THE INTIAL PURCHASE. THE LIMITED WARRANTY MADE TO YOU IN THIS PARAGRAPH IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY, STATE TO STATE, OR PROVINCE TO PROVINCE.

    Without limiting the aforementioned limited warranty in any manner whatsoever, if your EDG product is damaged or there is a defect in materials and workmanship subsequent to the Coverage Period, we will attempt to repair the garment at a rate discussed with the customer prior to the shipment of materials back to EDG. Please contact EDG immediately.

    For returns or repairs, please contact EDG at help@enlightendesigngroup.com or in the manner and at the address provided in the notice paragraph (Section 17) below, prior to shipping the product back to EDG.
     

  9. USER ACCOUNT.

    1. Introduction

      You may access certain content without creating a user account, while other content or services provided by EDG will require that you register and open an account (“User Account”). This Agreement applies equally to your access to and use of both aspects of the Services.

    2. Establishing a User Account

      To establish a User Account, you may be required to provide EDG with certain personal and financial information, including without limitation, an email address (or addresses) and/or other account information that may be used to identify you as an authorized user of the Service. You agree that you will supply accurate information to EDG when requested, and that you will update that information promptly if it changes. EDG reserves all rights to pursue legal action against all persons who misrepresent personal and financial information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information.

    3. Login Information

      During the registration process, you may be required to select a username and a password (collectively, "Login Information"). It is important that you remember your Login Information and that you keep your Login Information in a safe and secure offline location. You may not share or transfer your User Account or the Login Information with anyone other than as expressly set forth in this Agreement. You are responsible for protecting the confidentiality of the Login Information, and you will be responsible for all use of your User Account accessed with your Login Information, whether or not authorized by you. Any unauthorized access, use, distribution or transfer of your User Account or Login Information may result in suspension, termination, or cancellation of your User Account and your access to and use of the Services.

    4. Security of Your User Account

      In the event that you become aware of or suspect unauthorized use of your User Account or Login Information or any other breach of security, you agree to immediately notify EDG of such use pursuant to the Notice provision below, and ensure that you secure your User Account, Login Information and computer from unauthorized access and use. Once we are notified of any unauthorized use or breach of security, we will attempt to reset your Login Information, which may require you to provide us with a new username or password.

      In accordance with our Privacy Policy, we have implemented technical, administrative and physical security measures to help safeguard and prevent unauthorized access, use or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of Third Party Providers that we may use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. EDG hereby disclaims any liability for security breaches, access to or disclosure of your personal information or the unavailability of the Service or any delay or failure to perform resulting from any causes whatsoever.

    5. No Ownership of Your User Account

      You agree that you have no ownership or other property interest in your User Account, and that all rights in and to the User Account are and shall forever be owned by and inure to the benefit of EDG.
       

  10. CODE OF CONDUCT.

    Your use of the Services is governed by certain rules (the "Code of Conduct") maintained and enforced exclusively by EDG and to which you (and all users) must adhere. It is your responsibility to know, understand and abide by the Code of Conduct. The following rules are not meant to be exhaustive. In addition to the conduct specified below, EDG reserves the right, in its discretion, to take disciplinary measures as it sees fit in response to conduct that it deems unacceptable, including, without limitation, to delete or alter any username or the suspension, termination, or cancellation of your User Account and your access to and use of the Services, or terminate any license granted in this Agreement, for any reason whatsoever. EDG reserves the right to modify the Code of Conduct at any time.

    1. Unacceptable Online Conduct

      You agree that you will not interrupt or attempt to interrupt the operation of the Services in any way, including without limitation, the following:

      1. use any unauthorized third-party that intercepts, or otherwise collects, information from or through the Services;

      2. modify or cause to be modified any files that are a part of the Services in any way;

      3. facilitate, create or maintain any unauthorized connection to the Services; or

      4. disrupt or assist in the disruption of any computer used to support the Services or another individual’s access to or use of the Services.

      Any attempt by you to disrupt, or encourage or promote the disruption of, the Services may be a violation of criminal and civil laws. You agree that you will not violate any applicable law, rule or regulation in connection with your use of the Services.

    2. Username Rules

      You may not use any name:

      1. that belongs to another person with the intent to impersonate that person or that may mislead others to believe you to be an employee of EDG;

      2. that uses vulgar or insulting language or which is otherwise offensive, defamatory, obscene, hateful, or racially, ethnically, or religiously charged, or other language EDG considers objectionable;

      3. that belongs to a popular culture figure, character, celebrity, media personality or any other name protected by a third-party’s trademark(s), service mark, publicity rights or other proprietary rights;

      4. that is, contains, or is substantially similar to, a trademark or service mark, whether registered or not; or

      5. that is related to drugs, sex, alcohol, or criminal activity.

      EDG may change your username, block your registration, remove your username from all aspects the Service, and/or suspend or terminate your access to the Service if EDG determines, at its discretion, that your user name is contrary to the terms of this Agreement, including, without limitation, the requirements set forth in this Section 10(b).

    3. Rules for Posting Blog Comments:

      When engaging in any Communication Feature (as defined below), you may not:

      1. transmit or post any content or language which, in the sole and absolute discretion of EDG, is deemed to be offensive, including but not limited to, content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, hateful, sexually explicit, or racially, ethnically or otherwise considered objectionable by EDG, nor may you use an alternative spelling to circumvent the restrictions listed above;

      2. repeatedly post similar messages, including without limitation, advertisements to sell goods or services (“spamming”);

      3. communicate or post any user's personal information on the Internet, or on websites or forums related to the Services;

      4. harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Services;

      5. impersonate any other person, including employees of EDG;

      6. invade the privacy or violate any right, including but not limited any intellectual property right, of any user or person or entity; or

      7. engage in any other activity deemed by EDG to be unacceptable.
         

  11. COMMUNICATION FEATURES.

    The communication features provided in connection with the Services (such as the ability to leave comments on blogs, bulletin boards, or forums, collectively “Communication Features”) may be provided to some or all users of the Services. You understand that by using the Communication Features, you may be exposed to messages, information, data, text, software, graphic files, or other materials, whether in written, verbal, electronic, digital, machine-readable or other form (whether now known or hereafter to become known) from other users ("User Content") that you might find objectionable. EDG and its Third Party Providers do not control the content of any User Content and do not guarantee their accuracy, integrity or quality. You understand that any User Content sent through or appearing on the Communication Features is the sole responsibility of those users or persons transmitting such User Content. This means that you, and not EDG, are entirely responsible for all User Content that you transmit. Under no circumstances will EDG or its Third Party Providers be liable for any errors or omissions in any User Content or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any User Content sent through or appearing on any Communication Features.

    EDG and EDG’s Third Party Providers have no obligation to monitor or supervise the Communication Features or User Content, and expressly disclaim any representation that we or our Third Party Providers will monitor or supervise such Communication Features or User Content. However, we expressly reserve the right, but not the obligation, in our sole discretion to monitor, screen, edit, refuse to post, block or remove, in each case, in accordance with applicable law, any User Content, in whole or in part, sent through or appearing on any Communication Feature and you have no expectation of privacy in any content in any of the Communication Features. Without limiting the foregoing, EDG or its Third Party Providers and designees shall have the right to block or remove, in whole or in part, any User Content that is in violation of this Agreement, is illegal, infringing or otherwise offensive or objectionable. Accordingly, you acknowledge that the Communication Features are forums for public, and not private, communications. You also agree to indemnify and hold EDG and its Third Party Providers and designees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of, your violation of these terms and conditions or your violation of any rights of another.
     

  12. OWNERSHIP.

    Nothing contained in this Agreement shall be construed as conferring any license or right, by implication, estoppel or otherwise without the written permission of EDG. You acknowledge that all rights, ownership, intellectual property and title in and to the Services, including without limitation any User Accounts, Login Information, titles, trademarks, trade names, service marks, moral rights, computer code, themes, objects, catch phrases, locations, concepts, artwork, animations, sounds, music, video, photographs, opinions, images, text, audio-visual effects, or methods of operation and any documentation related to any of the aforementioned items (collectively, “Materials”) are owned and controlled by EDG or its Third Party Providers.

    You may not use, copy, reproduce, create derivative works from, perform, publicly display, adapt, upload, modify, edit, publish, post, transmit, participate in the transfer or sale, license, distribute or exploit, in any way whatsoever, the Materials contained in the Services without the express written permission of EDG or its Third Party Providers. Any modification of the Materials or any portion thereof, or unauthorized use of the Materials for any other purpose, constitutes an infringement of EDG’s, or its Third Party Providers’, copyrights and other proprietary rights and, for clarity, nevertheless are created for EDG or its Third Party Providers’ sole and exclusive benefit, and are owned and controlled by EDG or its Third Party Providers.

    Any and all User Content submitted (e.g., by uploading or transmitting) via the Services shall be deemed, and shall remain, the property of EDG or its Third Party Providers from the moment of creation. Accordingly, EDG shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all User Content of every kind and nature, in perpetuity, throughout the universe. To the extent that any of the above may be void or unenforceable, you agree that any and all User Content is hereby irrevocably assigned to EDG or its Third Party Providers, together with all intellectual property rights therein. To the extent any of the User Content is not assignable, by submitting User Content using any Communication Feature, you expressly grant EDG or its Third Party Providers an exclusive, irrevocable license to, throughout the universe and in perpetuity, use, copy, reproduce, create derivative works from, perform, publicly display, adapt, upload, modify, edit, publish, post, transmit, participate in the transfer or sale, sublicense, distribute or exploit, in any way or purpose whatsoever, any User Content, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the User Content. You also give up and agree to never assert any claim that any use by EDG or its Third Party Providers of any Materials or User Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, or rights to credit for the material or ideas set forth therein.

    You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any EDG website so long as the link does not portray EDG or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any EDG logo or other proprietary graphic or trademark as part of the link without express written permission.
     

  13. DIGITAL MILLENNIUM COPYRIGHT ACT.

    We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a User Account or a user’s access to and use of the Services if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act:

    1. provide your physical or electronic signature;

    2. identify the copyright work that you believe is being infringed;

    3. identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the website;

    4. provide us a way to contact you such as your address, phone number or email address;

    5. provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and

    6. provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.

    Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c) of the United States Copyright Act:

    Enlighten Design Group, LLC 7558 West Thunderbird Road, Suite 1-508 Peoria, Arizona 85381 Phone: +1.602.334.0582 Fax: +1.602.944.7229 Email:legal@enlightendesigngroup.com
     

  14. THIRD PARTY WEBSITES.

    When accessing and using the Services, you may be directed to third party or external websites that are not affiliated with EDG (“Third Party Websites”). EDG and its Third Party Providers are not responsible for the availability of Third Party Websites, and do not endorse, and are not responsible or liable for any content, advertising, products, or other materials contained on Third Party Websites. EDG has no control over Third Party Websites and therefore your access to any Third Party Websites is at your own risk. EDG and its Third Party Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, inability to use, or reliance on any content, advertising, products, or other materials contained on Third Party Websites. We recommend that you carefully review any terms and conditions, privacy policies and any other legal documents that may be contained on any Third Party Websites.
     

  15. CHANGES TO THE AGREEMENT.

    EDG reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at anytime, for any reason, including but not limited to, the availability of any feature of the Services, hours of availability, content, data, software or equipment needed to access the Services. EDG will post a notice of such changes on its website pursuant to the Notice provision below. If any changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop accessing or using the Services. Your continued use of the Services following any notice of revisions to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
     

  16. NOTICE.

    In accordance with provisions in this Agreement requiring EDG give notice to you, EDG will do so by means of a general notice on its website, electronic mail to your email address on record in your User Account (if you have created a User Account), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record (if you have created a User Account), the choice of which being at EDG’s discretion. Any provisions in this Agreement requiring you give notice to EDG can be done so by means of email to: legal@enlightendesigngroup.com or by first class mail, postage prepaid, or overnight courier to:

    Enlighten Design Group, LLC 7558 West Thunderbird Road, Suite 1-508 Peoria, Arizona 85381
     

  17. TERMINATION.

    Either EDG or you may terminate this Agreement and your User Account at anytime. You may terminate this Agreement and your User Account by no longer accessing or using the Services. EDG may terminate this Agreement by asking you to stop using the Services, and, if necessary by preventing your access to the Services and your User Account. EDG shall have the right to suspend, terminate, cancel, modify, or delete this Agreement at any time for any reason or for no reason, with or without notice to you. IF YOU VIOLATE ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT, EDG RESERVES THE RIGHT TO IMMEDIATELY SUSPEND, TERMINATE, OR CANCEL, IN ITS SOLE DISCRETION AND WITHOUT NOTICE TO YOU, YOUR USER ACCOUNT OR ACCESS TO THE SERVICES. UPON TERMINATION OF THIS AGREEMENT OR YOUR USER ACCOUNT, YOU WILL HAVE NO FURTHER RIGHTS TO ACCESS OR USE THE SERVICES.
     

  18. WARRANTY DISCLAIMER.

    THE SERVICES ARE PROVIDED "AS IS". OTHER THAN THE LIMITED PRODUCT WARRENTY SET FORTH IN PAGRAGRAPH 8, ABOVE, NEITHER EDG, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE SERVICES, THE SERVICES, OR ANY EDG PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, THAT THE SERVICES OR THEIR COMMUNICATION FEATURES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EDG EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. EDG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS IN THE SERVICES OR ANY CONTENT, MATERIALS OR SERVICES ON ANY THIRD PARTY WEBSITES.
     

  19. LIMITATION OF LIABILITY.

    NEITHER EDG, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MATERIALS OR THE SERVICES OR ANY EDG PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION (EVEN IF EDG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES; (B) THE BREACH OF ANY REPRESENTATION OR WARRANTY (OTHER THAN THE LIMITED PRODUCT WARRANTY SET FORTH IN PARAGRAPH 8, ABOVE); (C) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY EDG OR ANY THIRD PARTY PROVIDER; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR ANY EDG PRODUCT; OR (E) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION INTERNET SERVICE DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.

    IN NO EVENT SHALL EDG, ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MATERIALS, THE SERVICES, OR ANY EDG PRODUCTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES. EDG DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE ACCESSING OR USING THE SERVICES. IN THE EVENT EDG CHOOSES NOT TO TAKE ANY ACTION, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE OR IS UNABLE TO TAKE ANY ACTION FOR ANY REASON WHATSOEVER, IN NO EVENT SHALL EDG ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE SERVICES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EMOTIONAL DISTRESS, OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USER ACCOUNT OR YOUR ACCESS TO AND USE OF THE SERVICES.

    SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS IN WHICH CASE SOME OF THE WARRANTIES OR DISCLAIMERS PROVIDED IN THIS AGREEMENT MAY NOT BE APPLICABLE.

    TO THE EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, EDG’S TOTAL LIABILITY ARISING FROM THIS AGREEMENT AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
     

  20. FORCE MAJEURE.

    EDG shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of EDG, including without limitation, any failure to perform hereunder due to unforeseen circumstances, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, tornados, hurricanes, pandemics, accidents, strikes, internet interruption, or shortages of transportation facilities, fuel, energy, labor or materials.
     

  21. CONSENT TO MONITOR.

    In accordance with the terms and conditions of this Agreement and our Privacy Policy, and for purposes of monitoring and improving our quality of service, identifying Unauthorized Third Party Programs (as defined herein) and enforcing the terms and conditions of this Agreement, you hereby acknowledge and agree that:

    1. When you access and use the Services, we may obtain certain information about your computer and its operating system, including but not limited to your IP address(es), browser and browser version, screen resolution, and operating system(s), for purposes of improving the Services, and to enforce the provisions of this Agreement.

    2. We may, with or without notice to you, disclose your Internet Protocol (IP) address, personal information, and other information about you and your activities (i) in response to a request by law enforcement, a court order or other legal process or (ii) if we believe that doing so may protect your safety or the safety of others.

    3. Our websites use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help us analyze how visitors use the site. The information generated by the cookie about your use of our websites will be transmitted to and stored on Google servers. Google uses this information to help us evaluate how our websites are used. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
       

  22. NON-U.S. RESIDENTS.

    The Services are controlled and operated by EDG from its offices within the State of Arizona, United States of America. EDG makes no representation that the Materials or Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and payment of any applicable internet fees or fees charged by an internet service provider. Software from the Services is further subject to United States export controls. No software from the Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
     

  23. INDEMNITY.

    You agree to indemnify, defend and hold EDG, its Third Party Providers, or any person or entity involved in creating, producing, or distributing any Materials or the Services, or any of their respective directors, officers, employees or agents, harmless from and against any and all damages, costs, losses and expenses, including reasonable attorney fees and court costs relating to or arising directly or indirectly from any suit, claim, demand or settlement based upon your posting or uploading any content using any Communication Feature or your failure to comply with this Agreement or your violation of any third party right or your violation of any law, rule or regulation, including, without limitation, any law, rule or regulation of the United States of America or any other local, state, national and/or international law.
     

  24. DISPUTE RESOLUTION AND GOVERNING LAW.

    1. Informal Resolution

      To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and EDG agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other in accordance with the Notice section above.

    2. Binding Arbitration

      If you and EDG are unable to resolve a Dispute through informal negotiations, either you or EDG may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, EDG will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and EDG may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

      THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

      YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

    3. Restrictions

      You and EDG agree that any arbitration shall be limited to the Dispute between EDG and you individually. To the full extent permitted by law, (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

    4. Exceptions to Informal Resolution and Binding Arbitration

      You and EDG agree that the following Disputes are not subject to the above provisions concerning informal resolutions and binding arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or EDG’s intellectual property rights; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for injunctive or other equitable relief.

    5. Location and Jurisdiction

      Any arbitration will be initiated in and take place in the County of Maricopa, State of Arizona, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, including without limitation the Disputes contained in Section 19(d), shall be decided by a court of competent jurisdiction located in the County of Maricopa, State of Arizona, United States of America, and you and EDG agree to submit to the personal jurisdiction of that court.

    6. Governing Law

      Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of Arizona, excluding conflict of law rules and principles.

    7. Severability

      You and EDG agree that if any portion of this Section 25 (Dispute Resolution and Governing Law) is found illegal or unenforceable (with the exception of 25(d)), that portion shall be severed and the remainder of this section shall be given full force and effect. If Section 25(d) is found to be illegal or unenforceable then neither you nor EDG will elect to arbitrate any Dispute falling within that portion of Section 25(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Maricopa, State of Arizona, United States of America, and you and EDG agree to submit to the personal jurisdiction of that court.
       

  25. MISCELLANEOUS.

    Notwithstanding Section 25(g), if any other provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be deemed severable from this Agreement, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.
     


Last updated: December 20, 2014

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