Terms & Conditions : The EDDM® Software:
THE EDDM Software Agreement:
In order to use this THE EDDM Software Service, you must first accept the following agreements. Please read them carefully and accept these agreements as indicated below. If you choose not to accept the agreements at this time, you will be returned here when you attempt to access the THE EDDM Software Service again.
PLEASE READ THIS AGREEMENT CAREFULLY
END USER LICENSE AGREEMENT
THIS IS AN END USER LICENSE AGREEMENT ("AGREEMENT") BETWEEN The Essential Group Publishing, LLC. ("THE EDDM SOFTWARE") AND THE INDIVIDUAL USER ("USER") WHO INTENDS TO SUBSCRIBE TO THE EDDM SOFTWARE SERVICE.
IT HOWEVER INCLUDES TERMS WHICH BIND THE USER TO THIRD PARTIES WHO HAVE LICENSED CONTENT/AND OR SERVICES TO THE EDDM SOFTWARE FOR THIS THE EDDM SOFTWARE SERVICE.
THIS AGREEMENT PROVIDES THE USER THE RIGHT TO USE EITHER AN ONLINE VERSION OR A PERSONAL MOBILE ELECTRONIC DEVICE ("PHONE, PDA, TABLET") ENABLED VERSION OF THE EDDM SOFTWARE ELECTRONIC CLINICAL DATABASE (THE "DATABASE") AND OTHER CONTENT AND UPDATES THERETO MADE AVAILABLE BY THE EDDM SOFTWARE IN CONNECTION WITH THE EDDM SOFTWARE SERVICE (THE "CONTENT") AS WELL AS, OBJECT CODE VERSION OF THE INCIDENTAL NAVIGATIONAL SOFTWARE AND RELATED DOCUMENTATION AND UPDATES THERETO MADE AVAILABLE BY THE EDDM SOFTWARE (THE "SOFTWARE" AND COLLECTIVELY WITH THE CONTENT AND DATABASE, THE "THE EDDM SOFTWARE INFORMATION").
THE EDDM SOFTWARE INFORMATION TOGETHER WITH THE PROVISION OF THE EDDM SOFTWARE INFORMATION, UPDATES TO IT AND THE OTHER ASSOCIATED SERVICES ARE REFERRED TO AS THE "THE EDDM SOFTWARE SERVICE".
THE ONLINE VERSION OF THE EDDM SOFTWARE SERVICE IS REFERRED TO HEREIN AS THE "ONLINE SERVICE” AND THE PDA, SMART PHONE AND TABLET-ENABLED VERSION OF THE EDDM SOFTWARE SERVICE IS REFERRED TO HEREIN AS THE "PDA SERVICE".
THE EDDM SOFTWARE IS WILLING TO PROVIDE THE EDDM SOFTWARE SERVICE TO USER, AND TO USE, IF USER IS USING EITHER THE ONLINE SERVICE OR THE PDA SERVICE, THE EDDM SOFTWARE INFORMATION ACCORDING TO THIS AGREEMENT, ONLY ON THE CONDITION THAT USER ACCEPTS ALL TERMS IN THIS AGREEMENT.
BY ACCEPTING THE TERMS AND CONDITIONS, USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT.
IF USER IS USING THEEEDM SOFTWARE SERVICE, AND USER DOES NOT AGREE TO ANY OF THE TERMS CONTAINED BELOW, USER SHOULD CLICK ON THE "I DECLINE" OR "NO" BUTTON BELOW TO DISCONTINUE THE PROCESS.
1. SERVICES. During the term of this Agreement, THE EDDM Software agrees to provide THE EDDM Software Service to User and grants User a limited, non-exclusive, non-transferable license to:
(a) in the case of Users accessing the PDA Service, use THE EDDM Software Information on User’s personal mobile electronic device and use the Software solely to access the Content and updates thereto made available by THE EDDM Software through the Auto Update synchronization process and use THE EDDM Software Information in compliance with the Territory restrictions described below in "Restrictions";
(b) for Users of the Online Service, use THE EDDM Software Information on THE EDDM Software website (the "Website", currently located at www.THEEDDM.com); and
(c) for Users of the PDA Service and the Online Service, use THE EDDM Software Information, in all cases solely for personal or professional non-commercial purposes, fully in accordance with the "Restrictions" set out below.
2. RESTRICTIONS. User may not use, copy, modify, publish, distribute or transfer THE EDDM Software Information, or any copy thereof, in whole or in part, except as expressly provided in this Agreement. User may not reverse engineer, disassemble, decompile, or translate THE EDDM Software Information, or otherwise attempt to derive the source code of any Software or THE EDDM Software Information, or authorize any third party to do any of the foregoing. User is prohibited from developing, selling or distributing applications that are capable of launching, being launched from, or are otherwise integrated with THE EDDM Software Information without the express written consent of THE EDDM Software. User may not rent, lease, loan, resell for profit, distribute, sublicense or use in a time-sharing arrangement THE EDDM Software Information, or any part thereof. The Territory for all applications other than THE EDDM Software coding reference contained in the PDA Service is worldwide. User shall ensure that anyone permitted by User to access THE EDDM Software Information is aware of, accepts and will comply with the provisions of this Agreement, and User agrees to the terms of this Agreement on behalf of such individuals.
User is responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
3. OWNERSHIP. THE EDDM Software Information is the property of THE Essential Group Publishing or THE EDDM Software or its licensor(s) (and their licensors) and is protected by copyright and other intellectual property laws. THE EDDM Software Information is licensed, not sold, to User for use only under the terms of this Agreement and only in connection with THE EDDM Software Service, and THE EDDM Software reserves all rights not expressly granted to User.
3.1 SOFTWARE.User agrees that all right, title, and interest in The EDDM Software and any enhancements or derivative works of The EDDM Software are, and shall at all times shall remain, the property of EDDM. User shall not remove any trademark, copyright or other proprietary notices on or in any portion of The EDDM Software and will reproduce such notices in any copies of The EDDM Software made by user.
3.2 MODIFICATIONS: The license granted is for use of The EDDM Software Service as developed and owned by The EDDM Software. No alteration, modification, addition, enhancement or improvement made by The EDDM Software to the Software Service shall be the subject of this Agreement, and any use thereof by User shall require an additional license. Notwithstanding the foregoing, The EDDM Software will offer to provide User with use of any such alteration, modification, enhancement or improvement generally made available to other users of The EDDM Software Service at the prevailing price charged to other existing users, in which event User shall only utilize The EDDM Software Service as so enhanced, modified, altered or improved.
4. TERM AND TERMINATION.
4.1 TERM: You have obtained the right to use and access the Licensed Materials for a specific limited period of time, i.e., the subscription period for which you or your Institution have agreed to pay subscription fees. At the end of this period, your license and your associated rights, such as technical support, will expire automatically, unless you or your Institution have renewed your subscription on The EDDM Software's then-current terms. The EDDM Software may embed technology in the Licensed Materials causing them to become inaccessible after your subscription term. The Agreement and your license to use the Licensed Materials will also terminate if you fail to comply with any term or condition in this Agreement.
4.2 TERMINATION. The Agreement will terminate immediately without notice to User if User breaches any material term or condition of this Agreement. THE EDDM Software reserves the right to modify any of its services and/or product offerings, or to terminate the Agreement at any time without notice to User. In the case of Users of the PDA(Smart phone, Tablet etc.)Service, User may terminate this Agreement at any time by notifying THE EDDM Software in writing or by removing THE EDDM Software Information from the User's PDA(Smart phone, Tablet etc.). Upon termination, THE EDDM Software’ obligation to provide THE EDDM Software Service, and all associated license rights granted to User, shall cease, and User shall promptly destroy, or return THE EDDM Software Information to THE EDDM Software. User acknowledges that some or all of THE EDDM Software information may expire or require periodic updating by connecting to THE EDDM Software servers. Upon expiration of any portion of THE EDDM Software Information, the Agreement with respect to THE EDDM Software Service associated with such THE EDDM Software Information shall terminate.
5.1. CONTENT MAINTAINED BY THE EDDM SOFTWARE. User acknowledges and agrees that: (a) THE EDDM Software or its licensors may, from time to time, elect to update information contained in THE EDDM Software Information, but THE EDDM Software does not warrant or guarantee that any product description(s) or other information contained in THE EDDM Software Information or accessed through THE EDDM Software Information will be updated at any time during the term of this Agreement; (b) THE EDDM Software does not assume, and expressly disclaims, any obligation to obtain and include any information in THE EDDM Software Information; (c) THE EDDM Software Information includes information provided to THE EDDM Software by its licensors or other third parties, and THE EDDM Software does not assume and expressly disclaims any responsibility for the accuracy of such third-party content; (d) neither THE EDDM Software, nor its licensors, are advocating the use of any product described in THE EDDM Software Information (or elsewhere), nor is THE EDDM Software or its licensors responsible for misuse of a product or procedure due to typographical or other errors in THE EDDM Software Information, User negligence or otherwise; (e) User agrees to seek additional information on any product from the manufacturer; and (f) User will use THE EDDM Software Information only as a reference aid, and that such information is not intended to be (nor should it be used as) a substitute for the exercise of professional judgment. In view of the possibility of human error or changes in medical science, User should confirm the information in THE EDDM Software Information through independent sources. User agrees and acknowledges that User will, at all times, advise patients to seek professional diagnosis and treatment for any medical condition and to discuss information obtained from THE EDDM Software Information with their healthcare provider.
5.2. ADDITIONAL CONTENT ADVISORY. THE EDDM Software differential diagnoses generator application is intended for educational use by providing an index to a database of potential diagnoses that might be associated with a set of clinical features. The application must not be considered complete or comprehensive due to possible errors in the database or in the relationships of clinical findings to disease entities. In addition the only diseases displayed are those diseases in THE EDDM Software disease reference. The Essential Group Publishing or THE EDDM Software assumes no responsibility for any errors or defects in the application or the content. Use of the application is at the user's sole risk. In no event will the Essential Group Publishing or THE EDDM software be liable to the user or any third parties for fees or expenses of any nature or kind arising from use of THE EDDM Software application. The User agrees that the differential diagnoses generator application is not intended to replace the advice of a doctor, and must not be used as a diagnostic decision making system, and must not replace or overrule a licensed health care professional's judgment or clinical diagnosis. The user understands that diseases that the user might consider appropriate may not appear on the list of disease links.
6. WARRANTY, DISCLAIMER AND USE OF PROFESSIONAL JUDGMENT.
6.1 Software Warranty . For a period of sixty (60) days after User signup the Software (the "Software Warranty Period"), THE EDDM Software warrants that the Software, when used as permitted under this Agreement and in accordance with the instructions provided from THE EDDM Software, will operate substantially as described in such instructions. THE EDDM Software does not warrant that User's use of the Software will be error-free or uninterrupted. THE EDDM Software will, at its own expense and as its sole obligation and User's exclusive remedy for any breach of this warranty, use commercially reasonable efforts to correct any reproducible error in the Software reported to THE EDDM Software by User in writing during the Software Warranty Period, or, if THE EDDM Software determines that it is unable to correct the error, to replace the Software. Any such error correction or replacement Software provided to User will not extend the original Software Warranty Period.
6.2 DISCLAIMER. THE EDDM SOFTWARE SERVICE IS PROVIDED TO USER "AS IS." EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, THE EDDM SOFTWARE AND ITS AFFILIATES, AGENTS AND LICENSORS: (A) CANNOT AND DO NOT WARRANT THE SEQUENCE, ACCURACY, COMPLETENESS, CURRENCY, RESULTS OBTAINED FROM, OR NON-INFRINGEMENT OF THE EDDM SOFTWARE SERVICE PROVIDED HEREUNDER; AND (B) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The laws of some jurisdictions do not permit waivers of certain warranties, so portions of the above disclaimer may not apply to User. In the event THE EDDM Software cannot waive any warranty, the duration and scope of such warranty will be the minimum permitted under applicable law. ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE EDDM SOFTWARE SERVICE IS AT USER’S OWN DISCRETION AND RISK AND USER UNDERSTANDS THAT IT WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE, INCLUDING TO USER’S COMPUTER SYSTEM OR LOSS OF DATA.
6.3 USE OF PROFESSIONAL JUDGMENT: The Licensed Materials describe basic principles of diagnosis and therapy. The information provided in the Licensed Materials is no substitute for individual patient assessment based upon the healthcare provider's examination of each patient and consideration of laboratory data and other factors unique to the patient. The Licensed Materials should be used as a tool to help the user reach diagnostic and treatment decisions, bearing in mind that individual and unique circumstances may lead the user to reach decisions not presented in the Licensed Materials. The opinions expressed in the Licensed Materials are those of its authors and editors and may or may not represent the official position of any medical societies cooperating with, endorsing or recommending the Licensed Materials.
7. LIMITATION OF LIABILITY & INDEMNIFICATION.
7.1. LIMITATION OF LIABILITY. NEITHER THE EDDM SOFTWARE NOR ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO THE USER OR ANYONE ELSE UNDER ANY CLAIM, DEMAND OR ACTION ARISING OUT OF OR RELATING TO USER'S USE OF THE EDDM SOFTWARE SERVICE, NOR THE EDDM SOFTWARE' PERFORMANCE OF (OR FAILURE TO PERFORM) ANY OBLIGATION UNDER THIS AGREEMENT, OR FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION IN THE EDDM SOFTWARE SERVICE, OR FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS OR BUSINESS INTERRUPTION, OR OTHER DAMAGES, EVEN IF THE EDDM SOFTWARE, ITS AFFILIATES, AGENTS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES IS/ARE FORESEEABLE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE EDDM SOFTWARE, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO USER UNDER THIS AGREEMENT FOR MORE THAN ONE THOUSAND DOLLARS. The laws of some jurisdictions do not permit the disclaimer of liability for certain types of damages, so portions of the above may not apply to User.
7.2 INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE EDDM SOFTWARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM AND AGAINST ALL CLAIMS, ACTIONS LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ("CLAIMS") THAT MAY AT ANY TIME BE INCURRED BY ANY OF THEM BY REASON OF ANY CLAIMS, SUITS OR PROCEEDINGS ARISING FROM (I) THE USER’S USE OF THE EDDM SOFTWARE SERVICE OR THE EDDM SOFTWARE INFORMATION OR THE USE OF THE EDDM SOFTWARE SERVICE OR THE EDDM SOFTWARE INFORMATION BY ANY OTHER PARTY AUTHORIZED BY USER OR USING USER’S CREDENTIALS AND (I) ANY BREACH BY USER OF ANY REPRESENTATION, WARRANTY OR DUTY HEREUNDER.
8. U. S. GOVERNMENT END USERS. The EDDM Software Information is a "commercial item" as that term is defined at FAR 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 and is provided to the U.S. Government only as a commercial end item. Consistent with FAR 12.212 and DFARS 227.7202, all U.S. Government End Users acquire THE EDDM Software Information with only those rights set forth herein.
THE EDDM Software coding reference product included in the PDA Service includes CPT which is commercial technical data and/or computer data bases and/or commercial computer software and/or commercial computer software documentation, as applicable which were developed exclusively at private expense by THE ESSENTIAL GROUP PUBLISHING. U.S. Government rights to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (June 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a) (June 1995), as applicable for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (June 1987) and/or subject to the restricted rights provisions of FAR 52.227-14 (June 1987) and FAR 52.227-19 (June 1987), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.
9. EXPORT LAW. THE EDDM Software Information and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. User agrees not to export THE EDDM Software Information under any circumstances whatsoever, and by downloading THE EDDM Software Information, User warrants that User's receipt of THE EDDM Software Information does not violate the laws or regulations, including applicable sanctions or embargoes, of the U.S. or any other country. User will indemnify and hold THE EDDM Software harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney's fees) arising from or relating to any breach by User of its obligations and warranty under this paragraph. User's obligations under this paragraph will survive the expiration or termination of this Agreement.
10.1 GOVERNING LANGUAGE AND LAW. The governing language of this Agreement is English. This Agreement and the legal relations between the parties arising hereunder shall be governed by and interpreted in accordance with the laws of the State of Louisiana exclusively; as such laws apply to contracts between Louisiana residents performed entirely within Louisiana. The Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
10.2 JURISDICTION AND CHOICE OF LAW. Exclusive jurisdiction to resolve any dispute arising under or relating to this License Agreement resides in the state courts of Plaquemines Parish, Louisiana and the federal courts of Orleans Parish, Louisiana, and the parties waive any objection they might have to personal jurisdiction and venue in said forum.
10.3ARBITRATION - CHOICE OF FORUM AND VENUE. Any dispute, controversy or claim arising out of or relating to this Agreement shall be settled by arbitration in St. Tammany Parish of Louisiana. The arbitrator shall be empowered to award only those damages which are permitted in this Agreement, subject to any disclaimers of damages and liability limits set forth herein. The award rendered by the arbitrator shall include costs of the arbitration and reasonable costs for experts and other witnesses. Judgment on the award may be entered in any court having jurisdiction. Nothing in this Agreement shall be deemed as preventing either party from seeking provisional relief from any court of competent jurisdiction, in order to protect that party's name or proprietary rights. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Louisiana law.
10.4PRIVACY. THE EDDM Software' current privacy policies are available on the Website, at http://www.THE EDDM.comor http://www.THE EDDM.mobi .
10.5WAIVER. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
10.6ASSIGNMENT. Neither this Agreement nor any rights or obligations of User hereunder may be assigned or delegated by User in whole or in part without the prior written approval of THE EDDM Software. Any assignment or delegation in derogation of the foregoing shall be null and void.
10.7SEVERABILITY. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable as long as a party's rights under this Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement an enforceable provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.
10.8FORCE MAJEURE. Any failure of THE EDDM Software to perform or delay in the performance of THE EDDM Software’s obligations under this Agreement due to any cause or event not reasonably within THE EDDM Software’s control, including but not limited to casualty, labor disputes, failure of equipment or carriers or utilities, compliance with governmental authority or Act of God, shall not constitute a breach of this Agreement, and THE EDDM Software’s performance shall be excused during such period of delay.
10.9 COMPLETE AGREEMENT. This Agreement is the complete and exclusive statement of the agreement between THE EDDM Software and User which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement.
THE EDDM SOFTWARE INFORMATION IS PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
© THE Essential Group Publishing, LLC. All Rights Reserved. The EEDM Software (patent pending). Protected by copyright and licenses restricting use, copying, distribution and de-compilation. THE EDDM Software, THE EDDM Software Online, are trademarks of THE EDDM Software in the United States and other countries.
This site is designed to offer you general health information for educational purposes only. The health information furnished on this site and the interactive responses are not intended to be professional advice and are not intended to replace personal consultation with a qualified physician, pharmacist or other healthcare professional. You must always seek the advice of a professional for questions related to your disease, disease symptoms, and appropriate therapeutic treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare provider immediately. You should never disregard medical advice or delay in seeking it because of something you have read on this site.
We do not make any warranty that the content on this site satisfies government regulations requiring disclosure of information on prescription drug products. The content was developed for use in the United States, and wedon’t make any representations concerning the content when used in any other country. While information on this site has been obtained from sources believed to be reliable, we do not warrant the accuracy of the information or other data contained on this site.
We do not give medical advice, nor do we provide medical services. Medical information changes rapidly. Your reliance upon information and content obtained by you at or through this site is solely at your own risk. We don’t assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any information, idea or instruction contained in the content or services provided to you.
THE EDDM Software have utilized reasonable care in collecting and reporting the information contained on this website and have obtained such information from sources believed to be reliable. However, we do not warrant the accuracy of the information in the website or data available on this site. The clinical information contained in the information is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill, and judgment of physicians, pharmacists, or other healthcare professionals in patient care.
THE EDDM SOFTWARE MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU USE THIS SITE AND THE MATERIAL AND INFORMATION ON THE SITE AT YOUR OWN RISK. THE EDDM SOFTWARE AND ITS INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF USE OF THE SITE, AND INCLUDING ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE (OR OUR CONTENT PROVIDERS OR SPONSOR/ADVERTISERS) SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED $1,000. YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US (AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THIS SITE, THE SERVICES AND THE CONTENT. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE, THE SERVICES OR THE CONTENT TO YOU.
No material from this website may be copied, reproduced, republished, uploaded, posted, transmitted, commercialized or distributed in any way, except as expressly permitted and provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of THE EDDM Software’s copyright and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited. All rights, title and interest in and to the materials on this site (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all-time vested in THE EDDM Software.