Website Terms and Conditions
These terms and conditions, effective as of the date of May 1, 2024 for an indefinite period, govern your use of Edgewood Insight, LLC’s (hereafter “Edgewood”) websites, social media pages, blogs, mobile applications, and other electronic correspondence (hereafter “Website”); by using the Website, you agree to accept these terms and conditions in full. You may use this Website only for lawful purposes and for its intended and acceptable purpose.
1. General use rules
You represent, warrant and agree that you will not use, or plan, encourage or help others to use, the website for any purpose or in any manner that is morally and ethically incorrect.
You represent, warrant and agree that you will not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, or other malicious software.
You represent, warrant and agree that you will not conduct any automated or systematic data collection activities on this Website without express written consent from Edgewood.
You represent, warrant and agree that you will not use the Website for commercial or marketing purposes without express written consent from Edgewood.
Edgewood is the sole interpreter of the Website’s intended and acceptable purpose. It is your responsibility to ensure that your use of the Website complies with all applicable laws and these terms and conditions.
2. License to use website.
Edgewood is the sole owner of the Website and the material presented herein, unless otherwise stated. All intellectual property presented on the Website is the sole property of Edgewood and all rights are reserved. You may use the information presented here subject to the following usage rules and restrictions:
- The Website allows you to post, link, store, share and otherwise make available certain information, documents, presentations, text, graphics, videos, or other material (hereafter “Material”) as long as you properly cite Edgewood, or the original author where appropriate, as the owner of the Material.
- You are responsible for the correct use of citations associated with any Material reproduced from this Website.
Where content is expressly created for use and distribution, it may be shared within your organization and/or according to the permissions as stated above.
You may not perform any of the following activities without express written consent from Edgewood and/or without giving proper credit to Edgewood as its author and rightful owner:
- Sell, rent, license, reproduce, duplicate or exploit any Material from this Website for commercial or other use;
- Republish, share or otherwise distribute any Material from this Website;
Permission to use the Material and intellectual property presented on and associated with this Website may be revoked by Edgewood at any time and for any reason.
3. Links to external websites
The Website may contain links to third-party websites that are not owned, operated, or controlled by Edgewood. Edgewood has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you further acknowledge and agree that Edgewood shall not be held responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by, or in connection with use of, or reliance on, any such content, goods or services available on or through any external websites.
4. Disclaimers and limitations on Edgewood’s liability
The following section outlines the disclaimers and limitations on Edgewood’s liability associated with use of this Website:
4.1 Allocation of responsibility
Edgewood assumes no responsibility for Material posted by our users and no responsibility for the activities, omissions or other conduct of our users
4.2 Endorsements
Nothing on the Website shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regards to its website, products, services, hiring, experience, employment or recruiting practices, or otherwise.
4.3 Warranty disclaimers
(a) The Website is provided on an ‘as is’ basis without any warranties of any kind, express or implied. Edgewood, to the fullest extent permitted by law, disclaims all warranties, including, but not limited, to the warranties of merchantability, title, non-infringement of third parties’ rights, and fitness for particular purpose. Edgewood makes no warranties about the accuracy, reliability, completeness or timeliness of the Website.
(b) Without limitation on the foregoing:
(i) Edgewood does not warrant that the Website will operate error-free or that the Website and its servers are free of computer viruses or other harmful mechanisms. If your use of the Website results directly or indirectly in the need for servicing or replacing equipment or data, Edgewood is not responsible for those costs.
(ii) Edgewood makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Material posted by users, or of any other form of communication engaged in by users. Material may contain inaccuracies or typographical errors. You agree that any reliance on material posted by users, or on any other form of communication with users, will be at your own risk.
(iii) Edgewood makes no representations or guarantees regarding the content of the Website, including, but not limited to, broken links, inaccuracies or typographical errors.
4.4 Damage limitations, allocations of liability, and equitable relief
(a) You assume all responsibility and risk for your use of the Website, the Internet generally, the Material you post or access on the Website, and for your conduct on and off the Website.
(b) In no event shall Edgewood, any of its officers, directors, shareholders, employees, affiliates, agents or advertisers, be held liable for any non-direct damages whatsoever, including, without limitation, incidental and consequential damages, lost profits, damages resulting from lost data, lost employment opportunities, or business interruption resulting from or arising under or in connection with the use or access to, or the inability to use or access the Website and/or its Material , whether based on warranty, contract, tort, or any other legal theory, and whether or not Edgewood is advised of the possibility of such damages.
(c) Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in the preceding paragraph may not apply to you. If any are held to be inapplicable or unenforceable for any reason, Edgewood’s maximum liability to you for any non-direct type of damages shall be limited to $200.00 in aggregate.
(d) In no event shall Edgewood, its officers, directors, employees, affiliates, agents or advertisers be liable for any direct damages in excess of the aggregate of $200.00 in states or jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages.
(e) If you are an employer or vendor with a services agreement with Edgewood, these terms and conditions will be superseded by the terms of that agreement and any damages and limitations will be governed by the terms outlined in that agreement. If no such terms are outlined, these terms and conditions will apply.
(f) In addition to monetary damages, you agree that Edgewood will be entitled to equitable relief upon a breach of this agreement by you.
5. Amendments
Edgewood reserves the right, at our sole discretion, to modify or replace these terms and conditions at any time. Edgewood may revise these terms and conditions at any time by updating this Website. Changes will be binding on you on the date they are posted on the Website or as otherwise stated in the any notice of such changes. Any use of the Website will be considered acceptance by you of the then-current terms and conditions. If at any time you find the terms and conditions unacceptable, you may no longer use the Website. Edgewood may change the Website at any time, for any reason, at its sole discretion.
6. Indemnity
You agree to defend, indemnify, and hold harmless Edgewood, its officers, directors, employees and agents from and against any third-party claims, actions or demands including, without limitation, costs, damages and reasonable legal and accounting fees, alleging or resulting from or in connection with your use of the Website or for your breach of these terms and conditions. Edgewood shall use reasonable efforts to provide you with prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding as deemed appropriate by Edgewood.
7. Applicable Law/Arbitration
These terms and conditions shall be governed by and interpreted in accordance with the substantive and procedural law of the state of New York, in the United States of America, without regard to that jurisdiction’s choice of law provisions. Any dispute arising out of or relating to these terms and conditions shall be resolved exclusively through binding arbitration before a single arbitrator under the Commercial Rules of the American Arbitration Association; notice of the initiation of an arbitration proceeding shall be accomplished in the manner set forth in Section 8 hereof. Such arbitration shall be conducted in the English language in the state of New York (USA) or such other location as the parties may agree. The successful party in any such proceeding shall be awarded its attorney’s fees and costs, including the costs of arbitration. Any award shall be made and shall be payable in US dollars. You hereby submit to the jurisdiction of the federal and local courts of New York, NY (USA) for purposes of enforcement of any arbitration award rendered in connection with these terms and conditions.
8. Contact Us
All notices and demands of any kind or nature that either party may be required or may desire to serve upon the other in connection with these terms and conditions shall be in writing and may be served personally, by facsimile, by certified mail, or by overnight courier, with receipt deemed to have occurred on the date of first receipt of such notice by the addressee.
If you have any questions about these terms and conditions and for additional contact information, please contact Edgewood by using the contact form on this website.
9. Entire agreement
These terms and conditions contain the entire agreement of the parties with respect to the subject matter hereof, and there are no promises or conditions in any other agreement whether oral or written. These terms and conditions supersede any prior written or oral agreements between the parties.