EDM Advisors operates this
Site to provide online access to information about EDM
Advisors and the products, services, and opportunities
we provide (the “Service”). By accessing and using this
Site, you agree to each of the terms and conditions set
forth herein (“Terms of Use”). Additional terms and
conditions applicable to specific areas of this Site or
to particular content or transactions are also posted in
particular areas of the Site and, together with these
Terms of Use, govern your use of those areas, content or
transactions. These Terms of Use, together with
applicable additional terms and conditions, are referred
to as this “Agreement.”
EDM Advisors reserves the right to modify this Agreement
at any time without giving you prior notice. Your use of
the Site following any such modification constitutes
your agreement to follow and be bound by the Agreement
as modified. The last date these Terms of Use were
revised is set forth below.
1. Use of Site
You may use the Service, the Site, and the information,
writings, images and/or other works that you see, hear
or otherwise experience on the Site (singly or
collectively, the “Content”) solely for your
non-commercial, personal purposes and/or to learn about
EDM Advisors products and services. No right, title or
interest in any Content is transferred to you, whether
as a result of downloading such Content or otherwise.
EDM Advisors reserves complete title and full
intellectual property rights in all Content. Except as
expressly authorized by this Agreement, you may not use,
alter, copy, distribute, transmit, or derive another
work from any Content obtained from the Site or the
Service, except as expressly permitted by the Terms of
Use.
2. Copyright
The Site and the Content are protected by U.S. and/or
foreign copyright laws, and belong to EDM Advisors or
its partners, affiliates, contributors or third parties.
The copyrights in the Content are owned by EDM Advisors
or other copyright owners who have authorized their use
on the Site. You may download and reprint Content for
non-commercial, non-public, personal use only (If you
are browsing this Site as an employee or member of any
business or organization, you may download and reprint
Content only for educational or other non-commercial
purposes within your business or organization, except as
otherwise permitted by EDM Advisors, for example in
certain password-restricted areas of the Site and in our
Frequently Asked Questions). With the exception of the
Sample Images, you may not manipulate or alter in any
way images or other Content on the Site.
2.1 Sample Pictures
EDM Advisors has included Sample Pictures on certain
pages within the Site, to demonstrate the capability of
certain cameras and other products. You may download,
reprint and manipulate the Sample Images for this
purpose, but you may not crop or change the composition
of the image, or use the image for commercial purposes.
Please read through our Frequently Asked Questions .
3. Trademarks
You are prohibited from using any of the marks or logos
appearing throughout the Site without permission from
the trademark owner, except as permitted by applicable
law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or
information are provided solely as a convenience to you.
If you use these links, you will leave the Site. Such
links do not constitute or imply an endorsement,
sponsorship, or recommendation by EDM Advisors of the
third party, the third-party web site, or the
information contained therein. EDM Advisors is not
responsible for the availability of any such web sites.
EDM Advisors is not responsible or liable for any such
web site or the content thereon. If you use the links to
the web sites of EDM Advisors affiliates or service
providers, you will leave the Site, and will be subject
to the terms of use and privacy policy applicable to
those web sites.
5. Linking to this Site
If you would like to link to the Site, you must follow
EDM Advisors’s link guidelines. Unless specifically
authorized by EDM Advisors, you may not connect “deep
links” to the Site, i.e, create links to this site that
bypass the home page or other parts of the Site. You may
not mirror or frame the home page or any other pages of
this Site on any other web site or web page.
6. Downloading Files
EDM Advisors cannot and does not guarantee or warrant
that files available for downloading through the Site
will be free of infection by software viruses or other
harmful computer code, files or programs.
7. Software
Any software available for download via the Site is the
copyrighted work of EDM Advisors and/or its licensors.
Use of such software is governed by the terms of the end
user license agreement that accompanies or is included
with the software. Downloading, installing, and/or using
any such software indicates your acceptance of the terms
of the end user license agreement.
8. Disclaimer of Warranties
EDM Advisors MAKES NO EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT
TO THE SITE, THE SERVICE OR THE CONTENT. EDM Advisors
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE,
THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO
BE FURNISHED VIA THE SITE. EDM Advisors DOES NOT WARRANT
THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR
THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE
CORRECTED. EDM Advisors DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE
CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE
CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS.
9. Limitation of Liability
IN NO EVENT WILL EDM Advisors BE LIABLE FOR ANY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER
INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR
INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT,
(II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY
THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE
SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY
OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE
CONTENT, EVEN IF EDM Advisors HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED
WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. IN SUCH STATES, EDM Advisors’S LIABILITY IS LIMITED
AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT
PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED
$100.00.
10. Indemnification
You understand and agree that you are personally
responsible for your behavior on the Site. You agree to
indemnify, defend and hold harmless EDM Advisors, its
parent companies, subsidiaries, affiliated companies,
joint venturers, business partners, licensors,
employees, agents, and any third-party information
providers to the Service from and against all claims,
losses, expenses, damages and costs (including, but not
limited to, direct, incidental, consequential, exemplary
and indirect damages), and reasonable attorneys’ fees,
resulting from or arising out of your use, misuse, or
inability to use the Site, the Service, or the Content,
or any violation by you of this Agreement.
11. Privacy
Click here to see EDM Advisors's
Privacy Policy.
12. User Conduct
You agree to use the Site only for lawful purposes. You
agree not to take any action that might compromise the
security of the Site, render the Site inaccessible to
others or otherwise cause damage to the Site or the
Content. You agree not to add to, subtract from, or
otherwise modify the Content, or to attempt to access
any Content that is not intended for you. You agree not
to use the Site in any manner that might interfere with
the rights of third parties.
13. Unsolicited Idea Submission Policy.
EDM Advisors or any of its employees do not accept or
consider unsolicited ideas, including ideas for new
advertising campaigns, marketing strategies, new or
improved products, technologies, services, processes,
materials, or new product names. We have found this
policy necessary in order to avoid misunderstandings
should EDM Advisors’s business activities bear
coincidental similarities with one or more of the
thousands of unsolicited ideas offered to us. Please do
not send your unsolicited ideas to EDM Advisors or
anyone at EDM Advisors. If, in spite of our request that
you not send us your ideas, you still send them, then
regardless of what your posting, email, letter, or other
transmission may say, (1) your idea will automatically
become the property of EDM Advisors, without any
compensation to you; (2) EDM Advisors will have no
obligation to return your idea to you or respond to you
in any way; (3) EDM Advisors will have no obligation to
keep your idea confidential; and (4) EDM Advisors may
use your idea for any purpose whatsoever, including
giving your idea to others.
However, EDM Advisors does welcome feedback regarding
many areas of EDM Advisors’s existing businesses that
will help satisfy customer’s needs, and feedback can be
provided through the many listed contact areas on the
Site. Any feedback you provide shall be deemed a
Submission under the terms in the User Supplied
Information section above
14. User Supplied Information
EDM Advisors does not want to receive confidential or
proprietary information from you via the Site. You agree
that any material, information, or data you transmit to
us or post to the Site (each a “Submission or
collectively “Submissions”) will be considered non
confidential and non proprietary. For all Submissions,
(1) you guarantee to us that you have the legal right to
post the Submission and that it will not violate any law
or the rights of any person or entity, and (2) you give
EDM Advisors the royalty-free, irrevocable, perpetual,
worldwide right to use, distribute, display and create
derivative works from the Submission, in any and all
media, in any manner, in whole or in part, without any
restriction or responsibilities to you.
15. Password Security
If you register to become a EDM Advisors.com member, you
are responsible for maintaining the confidentiality of
your member identification and password information, and
for restricting access to your computer. You agree to
accept responsibility for all activities that occur
under your member identification and password.
16. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use
constitute the entire agreement of the parties with
respect to the subject matter hereof. No waiver by EDM
Advisors of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent
breach or default.
b. Correction of Errors and Inaccuracies. The Content
may contain typographical errors or other errors or
inaccuracies and may not be complete or current. EDM
Advisors therefore reserves the right to correct any
errors, inaccuracies or omissions and to change or
update the Content at any time without prior notice. EDM
Advisors does not, however, guarantee that any errors,
inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any
part of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable,
it will not impact any other provision of this
Agreement, all of which will remain in full force and
effect. Any and all disputes relating to this Agreement,
EDM Advisors’s Privacy Policy, your use of the Site, any
other EDM Advisors web site, the Service, or the Content
are governed by, and will be interpreted in accordance
with, the laws of the State of New York, without regard
to any conflict of laws provisions.
d. Claims of Copyright Infringement. Pursuant to Title
17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to
Service Provider's Designated Agent. See our Notice and
Procedure for Making Claims of Copyright Infringement .
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