Last revised: 02.13.2020
The following Terms of Service (“Terms”) apply when you use David Edwards Consulting’s (“DEC”) website. Please review these terms carefully. They impose legal obligations on you. By using the website, you are acknowledging that you have read and understood these Terms and agree to be legally bound.
By agreeing to these Terms, you represent and warrant that you are at least eighteen (18) years old and that your use of the website shall at all times comply with local, state, and federal laws and regulations to the extent the same apply (“Applicable laws”).
Revocation, Suspension, or Termination
DEC reserves the right to terminate, suspend, or restrict access to you at its discretion and for any reason, or none at all, including for violation of these Terms or its other policies.
By using or accessing the website, you agree not to do any of the following:
(i) rent, lease, loan, sell, resell, sublicense, distribute, or transfer any rights or permissions granted in connection with using or accessing the website;
(ii) impersonate any person or entity, falsely claim an affiliation with any person or entity, or misrepresent the source, identity, or content of information transmitted to or via the website, or perform any other fraudulent activity;
(iii) use or access the website for any illegal purpose, or in violation of any Applicable laws;
(iv) remove, circumvent, disable, damage, or interfere with security-related features, features that prevent or restrict use or copying of any data, including content accessible through the website, or features that enforce limitations on the use of the website;
(v) modify, adapt, translate, or create derivative works based upon the website;
(vii) interfere with or damage operation of the website by any means, including disseminating viruses, adware, spyware, worms, or malicious code, or disabling or impairing the website in any way;
(viii) seek to gain access to the website through “hacking” or other means not expressly authorized in writing by DEC.
DEC owns all rights in and to its intellectual property, including any software, firmware, source code, artwork, graphics, images, text or copy, video, audio or other information and content of or resident on its website, all of which may be protected by copyright and other intellectual property laws of the United States, foreign jurisdictions, or international treaties.
You agree to defend, indemnify, and hold DEC harmless, its affiliates, officers, directors, employees, agents, licensors, and supplier’s harmless from and against any claims, actions, demands, liabilities, or settlements including without limitation, reasonably legal and accounting fees, resulting from or alleged to result from, your violation of these Terms or other violation of any Applicable Law or rights of any third party.
Assumption of Risk
While using the website from a mobile device, please be aware of your surroundings and exercise reasonable judgment. You agree that your use of the website is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the website. It is strictly forbidden to use the website while driving. While using a vehicle, you may only access the website after you have stopped your vehicle in an appropriate location permitted by law. If you are using the website in an area where there is traffic or other potentially dangerous conditions, stop and stand in a safe place and remain stationary until you are no longer doing the same.
The website is NOT a replacement for nor does it provide any capabilities to be an emergency notification system or platform.
THE WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. DEC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (iii) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND (iv) ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR USE OF OR ACCESS TO THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK.
DEC TAKES REASONABLE MEASURES TO ENSURE THAT PERSONALLY IDENTIFIABLE INFORMATION (“PII”) OF USERS IS NOT DISCLOSED. DEC CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT PII WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS. USERS AGREE NOT TO HOLD DEC LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH THE WEBSITE.
THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART IN SOME JURISDICTIONS.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL DEC OR ITS EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. OUR AGGREGATE TOTAL CUMULATIVE LIABILITY TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES) RESULTING FOR CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (I) $100 OR (II) THE AMOUNTS ACTUALLY PAID BY YOU TO DEC, IN CONNECTION WITH YOUR USE OF THE WEBSITE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, PRORATED FOR ANY PARTIAL PERIOD YOU USE THE WEBSITE AND/OR FOR ACTUAL USE OF THE WEBSITE BY THE PLAINTIFF OR DEFENDANT IN THE CLAIM, AS APPROPRIATE, AND NOT THEIR AFFILIATES OR SUBSIDIARIES. THIS LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND DEC.
THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART IN SOME JURISDICTIONS.
This Agreement, together with all related exhibits and schedules, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter.
If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify these terms so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible
Modification and Waiver
DEC reserves the right to modify or amend these Terms from time-to-time at its discretion. Any such modifications shall take effect immediately upon posting to the website. If you do not agree with any changes to these Terms, you may terminate your account and stop using the website. Your continued use of the website indicates that you have read, understand, and acceptance or consent to the current version of these Terms. No wavier of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the United States and the internal laws of the State of Vermont without giving effect to any choice or conflict of law provision or rule (whether of the State of Vermont or any other jurisdiction).
Effective as of February 13, 2020