Updated as of September 1, 2019
|c.||Access and Retention. A link to this Agreement will be found on the EDQ homepage. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must use all software and equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.|
ELIGIBILITY. You must be at least eighteen (18) years of age to purchase Products, register with EDQ or otherwise use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation.
FEES/PAYMENT PROCESSOR. EDQ charges fees for Products, as further set forth in this Website. EDQ utilizes Square (https://squareup.com/us/en), a third party payment processor, to handle credit card and bank account transactions. EDQ is not responsible for such transactions. No sensitive payment information (e.g. credit card numbers, bank account numbers, etc.) is stored on our servers. Therefore the burden of PCI Compliance rests solely on Squareup.com. The processing of payments will be subject to Squareup.com’s terms, conditions and privacy policies in addition to our policies. When you order Products, you authorize your chosen payment provider (your “Payment Method”) to be charged and agree to make payments using that selected Payment Method.
NO ADVICE. The Products and information provided on this Website is for reference use only, and do not constitute the rendering of medical, legal, financial, or other professional advice or recommendations by EDQ. The website is not a substitute for professional medical recommendations, and nothing on the Website is a comment on the specifics for the provision of medical treatment for any given patient.
ACCEPTANCE OF RISKS. You shall be solely responsible for making any decisions regarding the provision of patient care and you expressly acknowledge that EDQ is not liable or responsible for those risks, for which you have sole responsibility.
PLAYBACK QUALITY AND BUFFERING ISSUES. EDQ utilizes a third party, Vimeo, for video playback. Vimeo’s terms of service containing information which will affect the quality of your playback experience of courses are currently set forth at this link: https://help.vimeo.com/hc/en-us/articles/224968848-Playback-quality-and-buffering-issues.
WEBSITE CONTENT. The content of the Website, including the Products offered within, is intended for informational purposes only. Although EDQ exercises reasonable efforts to ensure quality and accuracy, occasionally information within the Website and/or Products may contain errors, inaccuracies, or omissions. EDQ reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). EDQ assumes no liability or responsibility for any errors or omissions. You are solely responsible for evaluating the accuracy, completeness and usefulness of any opinion, advice, or other content available through the Website, its Products, or obtained from a linked site.
ELECTRONIC COMMUNICATIONS. When you visit the Website or send e-mails to EDQ, you are communicating electronically. You consent to receive communications from EDQ electronically. EDQ will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by registering with EDQ and creating a profile, you consent to receive newsletters, emails, promotions and other advertisements from EDQ or its partners.
PASSWORD/ACCOUNT SETTINGS. When you purchase Products or create an account with EDQ, you will also be asked to choose a password for purposes of accessing the Website, creating a profile and purchasing Products through this profile. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of the Website using your username or password. You agree to (a) immediately notify EDQ of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EDQ will not be liable for any loss or damage arising from your failure to comply with this provision. 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. All assignments of your password shall be void.
LICENSE/SITE ACCESS/PROHIBITED USE. EDQ grants you a limited license to access and make personal use of the Website and the Products. EDQ does not allow you to download (other than page caching) or modify the Website, or any portion of it, without the express written consent of EDQ. This license does not include any resale or commercial use of the Website or its Products or contents; any collection and use of any content, including, but not limited to, Products, descriptions, or prices; any derivative use of this site or its Products/contents; or any use of data mining, spiders, robots, or similar data gathering and extraction tools, as such activities are strictly prohibited. The content of the Website, the Website as a whole and the Products are intended solely for personal, non-commercial use by you and other users of the Website. You may not:
(a) modify or create any derivative work based on the Products, content or use the content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation;
(b) remove or alter any copyright, trademark or other proprietary notices from the Products or content;
(c) transfer the Products or content to another person; or
(d) reproduce the Products, content, or the Website, in whole or in part, as expressly provided herein.
You agree to prevent any unauthorized copying of the Products or content. EDQ reserves all rights not expressly granted herein.
NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Website, you warrant to EDQ that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE. EDQ expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of EDQ trademarks, trade names or brand names in metatags, keywords, or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of EDQ is expressly prohibited. Likewise, framing, in-line linking or other methods of association to the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized in writing as required by EDQ.
LINKS TO THIRD PARTY SITES. EDQ or third parties may provide links to other World Wide Websites or resources. Because EDQ has no control over such sites and resources, you acknowledge and agree that EDQ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that EDQ 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, or reliance upon, any such content, goods or services available on or through any such site or resource. EDQ does not control the privacy policies or practices of these websites. You should review those policies before providing any personal information. EDQ is not responsible for the content or practices of any linked websites and provides these links solely for navigation convenience to visitors.
INTELLECTUAL PROPERTY. EDQ owns and retains all proprietary rights in the Website and the Products. Except as otherwise expressly noted, all Products, articles, databases, information, images, illustrations, designs, graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to EDQ or its licensors/suppliers. All Products used on this Website is the property of EDQ or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
ED QUALITY SOLUTIONS and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of EDQ in the U.S. and/or other countries. EDQ’s trademarks and trade dress may not be used in connection with any product or service that is not EDQ’s, in any manner that is likely to cause confusion among customers or clients, or in any manner that disparages or discredits EDQ. All other trademarks not owned by EDQ that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EDQ. References on the Website to the trademarks, service marks, trade names, Products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by EDQ.
MATERIALS PROVIDED TO EDQ OR POSTED AT ANY WEBSITE. EDQ does not claim ownership of the materials you provide to EDQ (including feedback and suggestions) or post, upload, input or submit to any Website or its associated services (collectively “Submission” or “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting EDQ, its affiliated companies and necessary sublicensees, a perpetual, irrevocable, world-wide, royalty-free license to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name, portrait, photograph or likeness in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. EDQ is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in EDQ’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
WARRANTY LIMITATION. Except for those warranties expressly provided herein, you hereby acknowledge and agree that EDQ (including OWNERS, MEMBERS, managers, Affiliates, Subsidiaries, employees, agents, and independent contractors of EDQ) has not made any other warranties, express or implied, concerning the Website, THE PRODUCTS OR THE INFORMATION PROVIDED THROUGH THIS WEBSITE. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY EDQ ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EDQ DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE or any warranties regarding completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. WITHOUT LIMITING THE FOREGOING, EDQ hereby makes no representation nor any warranties of any kind in connection WITH the information provided herein, That products will meet your requirements, OR THE QUALITY OF ANY PRODUCTS. Any reliance you place on such information is therefore strictly at your own risk.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE Products OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH PRODUCTS OR SERVICES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY. IN NO EVENT SHALL EDQ OR ANY OF ITS OWNERS, MEMBERS, managers, Affiliates, Subsidiaries, employees, agents, OR independent contractors, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR FOR ANY TRANSACTION CONDUCTED THROUGH THIS WEBSITE, OR ANY CLAIM ATTRIBUTABLE TO EDQ, OMMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF EDQ WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding anything to the contrary contained herein, EDQ’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to EDQ for the PRODUCTS.
INDEMNIFICATION. You agree to indemnify and hold EDQ, its owners, managers, members, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives and independent contractors, harmless from any loss, liability, damages, claim, actions, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of this Agreement and/or arising from any use of this Website or the Products.
FORCE MAJEURE. EDQ shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond its control. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of EDQ, breach of this Agreement by users, cyberattacks, cyber hacks, cybercrimes, or cyber disruptions and any other events reasonably beyond the control of EDQ.
Consent to Jurisdiction, Forum Selection and Choice of Law. By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the Products, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the State and Federal courts of the State of Florida, in Sarasota County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Sarasota, State of Florida shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
RELATIONSHIP. By using the Website or purchasing Products, the only relationship created is that of a buyer and a seller. No other legal relationship exists or is implied.
CAPTIONS. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.
Please contact us with any questions regarding this Agreement.