READ CAREFULLY. This Terms of Use Agreement ("Terms of Use")
applies to use of the "Edgewood Hosting" website located
at http://www.EWHOST.com (the "Site"). Edgewood Hosting is
a subdivision of Edgewood Associates, a California Corporation.
The Site is the property of Edgewood Associates.
BY USING THE SITE, YOU UNDERSTAND AND AGREE TO THE TERMS OF USE;
IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Edgewood Associates reserves the right, at its discretion, to
change, add or remove portions of this Terms of Use, at any time. It is
your responsibility to check this Terms of Use each time before using the
Site. As long as you comply with this Terms of Use and any such modifications,
Edgewood Hosting grants you ("End User") a personal,
non-exclusive, non-transferable, non-sublicensable, limited privilege to
enter and use the Site.
CONTENT
Copyright and Trademark Notice. All media (downloaded or samples), software,
text, images, graphics, user interfaces, music, videos, photographs, trademarks,
logos, artwork and other content on the Site (collectively, "Content"),
including but not limited to the design, selection, arrangement, and coordination
of such Content on the Site is owned or licensed by or to Edgewood Associates,
and is protected by copyright, trade dress, and trademark laws, and various other
intellectual property rights laws. Except as expressly provided in this Terms
of Use, no part of the Site and no Content may be reproduced, recorded,
retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted,
publicly displayed, altered to make new works, performed, digitized, compiled,
translated or transmitted in any way to any other computer, website or other
medium or for any commercial purpose, without Edgewood Associates's prior express
written consent. Except as expressly provided herein, you are not granted any
rights or license to patents, copyrights, trade secrets, trade dress, rights of
publicity or trademarks with respect to any of the Content, and Edgewood Associates
reserves all rights not expressly granted hereunder. Edgewood Associates
expressly disclaims all responsibility and liability for uses by you of any
Content obtained on or in connection with the Site.
TRADEMARK
EWHOST.com, is a trademark or service mark of the Site. All custom
graphics, icons, logos and service names are registered trademarks, trademarks
or service marks of Edgewood Associates. All other trademarks or service marks
are property of their respective owners. The use of any Edgewood Hosting
trademark or service mark without Edgewood Associates's express written consent
is strictly prohibited.
USE OF SITE
You may not attempt to gain unauthorized access to the Site. Should you attempt
to do so, assist others in making such attempts, or distributing instructions,
software or tools for that purpose, then your permission to access this site will
be revoked and legal action will ensue. You may not use any automatic device,
program, algorithm or methodology, or any similar or equivalent manual process, to
access, acquire, copy, probe, test or monitor any portion of the Site or any Content,
or in any way reproduce or circumvent the navigational structure or presentation
of the Site or any Content, to obtain or attempt to obtain any materials, documents
or information through any means not purposely made available through the Site. You
agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or any of the systems
or networks comprising or connected to the Site. You also agree that Edgewood Associates
may, at its sole discretion and without prior notice to you, terminate your
access to the Site for any reason, including without limitation: (1) attempts to
gain unauthorized access to the Site or assistance to others' attempting to do so,
(2) overcoming software security features limiting use of or protecting any Content,
(3) discontinuance or material modification of the Site or any service offered on or
through the Site, (4) violations of this Terms of Use, (5) failure to pay for
purchases, (6) suspected or actual copyright infringement, (7) unexpected operational
difficulties, or (8) requests by law enforcement or other government agencies. You
agree that Edgewood Associates will not be liable to you or to any third party for
termination of your access to the Site.
CONSENT TO COLLECTION
Use & Disclosure of Your Personal Information. As more fully described in our
Privacy Policy, you must disclose certain Personally
Identifiable Information to make purchases. As a condition of making any purchases
of any products and/or services or conducting any transactions, you represent that
you have first read our Privacy Policy and consent to the collection, use and disclosure
of your Personally Identifiable Information and Non-Personally Identifiable Information
as described in our Privacy Policy. Our Privacy Policy's terms and conditions will
change from time to time, and as a condition of browsing the Site, using any features
or making any purchase, you agree that you will first review our Privacy Policy prior
to making any initial or subsequent purchases. While Edgewood Associates takes
reasonable steps to safeguard and to prevent unauthorized access to your personal
information, we cannot be responsible for the acts of those who gain unauthorized
access, and we make no warranty, express, implied, or otherwise, that we will prevent
unauthorized access to your private information. IN NO EVENT SHALL EDGEWOOD ASSOCIATES
OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL,
INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED
WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF
WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES
OF LIABILITY, AND ALSO REGARDLESS OF WHETHER EDGEWOOD ASSOCIATES WAS GIVEN ACTUAL OR
CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
CONSENT TO COMMUNICATION
By initiating e-mail with us, and each time you make a purchase of our service
and products, you grant permission for Edgewood Associates to contact you at your
e-mail address. To stop receiving our marketing emails, follow the opt-out
procedures set forth in such marketing emails.
CONDITIONS OF SALE/TERMS
To purchase any goods and/or services on our Site, you must (a) be at least
eighteen (18) years of age or the applicable state age of majority, (b) be a natural
person or a legal representation (corporations, partnerships or other legal entities)
within the United States and your country of residence, and (c) be in compliance
with any contractual agreement with Edgewood Associates. Prior to the purchase of
any goods or services on our Site, you must provide us with a valid check, money order
or other agreed upon payment means, which should include the following information:
(i) your legal name and address, (ii) any date of expiration and (iii) any activation
numbers or codes needed for us to remit payment. By submitting that information to us,
you hereby agree that you authorize us to remit payment at our convenience but within
30 days of authorization. All sales of products and services are final.
All charges from those sales are nonrefundable.
METHODS OF PAYMENT
All payments must be made by check, money order, credit card, or other agreed upon payment means.
YOU, AND NOT EDGEWOOD ASSOCIATES, ARE RESPONSIBLE FOR PAYING ANY
UNAUTHORIZED AMOUNTS BILLED TO YOU BY A THIRD PARTY. You agree to pay all fees and
charges incurred in connection with your purchases (including any applicable taxes)
at the rates in effect when the charges were incurred. Unless you notify Edgewood
Associates of any discrepancies within sixty (60) days after they first appear on your
bill or statement, you agree that they will be deemed accepted by you for all purposes.
If Edgewood Associates does not receive payment from your credit card issuer or its
agent, you agree to pay all amounts due upon demand by Edgewood Associates or its
agents. You are responsible for paying any governmental taxes imposed on your purchases,
including, but not limited to, sales, use or value-added taxes. Edgewood Associates
shall automatically charge and withhold the applicable sales tax for orders to be
delivered to addresses within any states or localities that it deems is required.
ORDER ACCEPTANCE
Your receipt of an electronic or other form of order confirmation does not signify our
acceptance of your order, nor does it constitute confirmation of our offer to sell.
Edgewood Associates reserves the right at any time after receipt of your order to
accept or decline your order for any reason. Your order will be deemed accepted by
Edgewood Associates upon our delivery of products or services that you have ordered.
All orders placed over $100.00 (U.S.) must obtain pre-approval with an acceptable
method of payment, as established by our credit and fraud avoidance department.
We may require additional verifications or information before accepting any order.
MISPRICED PRODUCTS
Edgewood Associates shall have the right to refuse or cancel any orders placed
for products and/or services listed at an incorrect price, rebate or refund, or
containing any other incorrect information or typographical errors. Edgewood
Associates shall have the right to refuse or cancel any such orders whether or not
the order has been confirmed and you have been billed. If you have already paid for
the purchase and your order is canceled, Edgewood Associates shall immediately
issue a credit to you in the amount of the charge.
PRICE CHANGES
EDGEWOOD ASSOCIATES RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND
BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING
ON THE SITE, IN A MAILING SENT TO YOUR ADDRESS ON RECORD, VIA A PHONE CALL TO YOU
OR YOUR ASSOCIATES OR BY E-MAIL DELIVERY TO YOU.
SERVICE AND SUPPORT
ALL ITEMS ARE SOLD AS IS WITHOUT WARRANTY FROM EDGEWOOD ASSOCIATES OF ANY KIND.
All requests for service and support should be made directly to the manufacturer,
in accordance with their terms and conditions.
INDEMNIFICATION
You agree to indemnify and hold harmless Edgewood Associates and its parents,
sister companies, subsidiaries, affiliates, service providers, other End Users,
distributors, licensors, officers, directors and employees from any claim or
demand, including reasonable attorneys' fees, made by any third party arising
out of or related to your violation of this Terms of Use, or your violation of
any law, regulation or third-party right.
DISCLAIMER OF WARRANTIES
THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA,
AND INFORMATION ARE PROVIDED "AS IS." EDGEWOOD ASSOCIATES EXPRESSLY
DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER
WHATSOEVER RELATING TO OR REFERENCED BY THE EDGEWOOD ASSOCIATES SITE, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY
OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE,
NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
LIMITATIONS ON LIABILITY
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS
AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY
CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL EDGEWOOD
ASSOCIATES OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS
OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT,
SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE
USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL
DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE EDGEWOOD ASSOCIATES SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH
THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE EDGEWOOD ASSOCIATES SITE
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN
IF EDGEWOOD ASSOCIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE
MAXIMUM LIABILITY THAT EDGEWOOD ASSOCIATES SHALL HAVE IS LIMITED TO ANY AMOUNTS
ACTUALLY PAID TO EDGEWOOD ASSOCIATES BY END USER. YOU ASSUME ALL RISK OF LOSS
FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT
IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY
OF EDGEWOOD ASSOCIATES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY,
DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN
INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF
A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS
OF THE BARGAIN BETWEEN THE PARTIES.
GENERAL TERMS
No delay or failure to take action under this Terms of Use shall constitute any
waiver by Edgewood Associates of any provision of this Terms of Use. If any
provision of this Terms of Use is invalid or unenforceable under applicable law,
it is, to that extent, deemed enforceable to the fullest extent possible (and
severable in the event such provision is completely unenforceable) and the
remaining provisions of this Terms of Use will continue in full force and
effect. This Terms of Use will bind and inure to the benefit of Edgewood Associates'
permitted successors and assigns. Any claim under these Terms of Use
must be brought within one (1) year after the cause of action arises. This
Terms of Use shall be governed by the laws of the State of California without regard
to or application of any conflict of laws provisions. You consent to the
exclusive jurisdiction of the state and federal courts sitting in Orange County,
in the State of California. This Terms of Use is personal to you and may not
be transferred, assigned or delegated to anyone. Any attempt by you to
assign, transfer or delegate this Terms of Use shall be null and void. Use
without consent or notice. This Terms of Use (including all documents expressly
incorporated herein by reference, including but not limited, to the relevant
Usage Rules) constitutes the complete and exclusive agreement between Edgewood
Associates and you with respect to the subject matter hereof and supersedes
all prior oral or written understandings, communications or agreements not
specifically incorporated herein.
CONTACT US
If you have any questions about these terms and conditions, the practices
of this site, or your dealings with this Web site, you can email
support@edgew.com.
Your email address and comments will only be used to respond to your inquiry.
