Terms of Service
Last updated 11/29/2020
Welcome to the website or mobile application for Edimus (“Edimus,” “We,” “Us”). The following terms and conditions, together with any documents they incorporate by reference, including without limitation the Privacy Policy (collectively, the “Terms of Use”), govern your access to and use of our website (“Site”, “Edimus.org”) and mobile application (“App”, “Edimus”). By utilizing our App, or accessing any page on our Site, you agree to be bound by the current version of our Terms of Use.
The goal of Edimus is to bring a higher level of nutritional awareness to the world. We provide the tools and education to empower registered users on our Site and App (hereinafter the Site and App may be collectively referred to as the “Service”) to reach this higher level of awareness.
The contents of the Service, such as text, graphics, images, information obtained from Edimus’s licensors, and other material contained on the Site, App, newsletter, and emails (hereinafter referred to as “Content”) are for informational purposes only. The Content and Service are not intended to be medical advice, diagnosis, or treatment. Always seek the advice of your physician, nutritionist, or other qualified health provider with any questions you may have.
THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE.
We ask that you review and abide by these Terms and Conditions, our Privacy Policy , and any other terms and conditions that may appear on the Site or App from time to time. Your use of the Service constitutes your agreement to these Terms and Conditions, and we reserve the right to revise these Terms and Conditions at any time without notice to you. When we make revisions, we will post them on the App and Site and they will be effective immediately upon posting. You agree to check this section periodically to be aware of any changes to the Terms and Conditions. YOUR CONTINUED USE OF THE SERVICES AFTER THE POSTING OF ANY REVISIONS SHALL BE CONSIDERED YOUR AGREEMENT TO THE MODIFIED TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, please do not use the Service.
The Service is offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Edimus and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
The Service and its Content are intended solely for personal and non-commercial use by you. Any use of the Service or its Content other than for personal and non-commercial purposes is strictly prohibited.
Unless otherwise noted, all material and services available on the Site or through the App, and all material and services provided by or through the Service, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and ‘look and feel,’ layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Content”) are the intellectual property of Edimus, our licensors, and our contributors. The Content is protected by copyright, trademark, trade-dress, and any other applicable national or international intellectual property laws. All Edimus trademarks and service marks, logos, slogans and taglines are the property of Edimus. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans, images, or taglines displayed on the Service without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
Subject to this Agreement, Edimus hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Service through a user identification reference provided by Edimus (‘User ID’) to the extent, and only to the extent, necessary to access and use our Service in accordance with the terms of this Agreement. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Service or otherwise distribute in any way the components of the Service other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service, create derivative works based on or in any manner commercially exploit the Service, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Service for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
We reserve the right to withdraw or amend the Site, our App, and any Service or material we provide, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site or Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or our App, to users, including registered users.
To access the Service, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Site to use the Service is correct, current and complete. You agree that all information you provide to register with this Site or App, including but not limited to through the use of any interactive features, is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy .
Purchasers of our Premium subscription will need to pay for a monthly or annual subscription prior to unlocking Premium content. All sales are final, and we do not offer refunds for our Premium subscription.
If you choose, or are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. 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.
We have the right to disable any user name, email associated with an account, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service or our Privacy Policy .
The information sent via the Service, or presented on or through the Site or our App, is made available solely for general information purposes. We do not warrant the accuracy, completeness, usefulness, or safety of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS OR THE CONTENTS OF THE SERVICE.
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other Content uploaded, posted or stored in connection with your use of the Service. Edimus is not responsible for your Content. You hereby grant Edimus a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Service, and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Service. You are encouraged to archive your Content regularly and frequently.
All information we collect on this Site, through our App, or through your use of the Service is subject to our Privacy Policy. By using the Site, App, and Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy .
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Edimus on or by the Content and/or Service or otherwise disclosed, submitted, or offered in connection with your use of the Content and/or Service (collectively, “Comments”) shall be and remain Edimus’ property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Edimus of all worldwide right, title, and interest in all copyrights and other intellectual properties in the Comments. Edimus is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree not to post on or transmit through the Service any Comments or other material that:
You further agree that any Comments you provide do not contain any confidential, proprietary, or trade secret information of any third party, and will not be treated as confidential by Edimus. Edimus shall have no obligation to store, keep copies of, or return any Comments. Edimus further reserves the right (but does not have the obligation), in its sole discretion, to modify, delete, or remove any Comments from the Service that it deems to be in violation of the foregoing requirements.
Without limiting the generality of the foregoing, Edimus shall have the right to:
Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, We cannot review all material before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, to the fullest extent permitted by applicable law, We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The owner of the Service is based in the U.S. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the U.S., you do so on your own initiative and are responsible for compliance with local laws and cell phone service provider rates and terms of service.
Edimus may send or display images, audio, and video (the “Material”) from time to time. The types of Material Users are authorized to access on the Site includes Material commissioned by Edimus, embedded Material, Material we believe to be covered by the Fair Use Doctrine, Material from photographic archive and video vendors, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.
If Edimus publishes Material that you think infringes your copyright, please email us at hello@edimus.org and we will address your concerns. We reserve the right, at our sole discretion, to remove any Content without prior notice.
While we strive for accuracy, information on the site may sometimes contain errors or inaccuracies. Edimus does not make any warranty as to the correctness or reliability of the site’s content or any communications we send out to Users.
Emails sent to any @edimus.org email addresses are considered our property. You can read more about this in our Privacy Policy.
Our Site will occasionally contain links to, and quotation of, Material from other sites. Edimus is responsible for neither the content nor the privacy practices of other sites. We encourage our users to be aware when they leave Edimus’ Site, and to read the privacy statements of any website that may collect personally identifiable information.
No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. Edimus has a variety of safeguards – technical, administrative – in place to help protect against unauthorized access to, use, or disclosure of user information.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE BELOW LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The Services and the Content are provided on an “as is” basis and your use of the Service and the Content is at your own risk. When using the Service, information will be transmitted over a medium that may be beyond the control and jurisdiction of Edimus. Accordingly, Edimus assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Service.
EDIMUS, ITS AFFILIATES, LICENSORS, AND CONTRACTORS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Edimus, its affiliates, and its licensors make no representations or warranties about the following:
To the fullest extent permitted by applicable law, in no event shall Edimus, its affiliates, licensors, contractors, or any of their respective employees or agents, or any third parties mentioned on the Service be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) even if Edimus has been previously advised of the possibility of such damages, whether in an action under contract, negligence or any other theory, arising out of or in connection with the use, inability to use or performance of the information and Content and the Services. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Edimus is not liable for any personal injury, including death, or infringement caused by your use or misuse of the Service, or Content, or Comments (defined below). Any claims arising in connection with your use of the Services, any Content, or Comments must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
If there is a legal dispute of any kind about or arising out of the use of the Service, the laws of the State of Florida will govern such dispute without regard to its conflict of laws rules. You agree that if any portion of these Terms of Service is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms of Service shall remain in full force and effect. The failure of Edimus to insist upon or enforce strict performance by you of any provision of these Terms of Service shall not be construed as a waiver of any provision or right.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
These Terms of Service are effective unless and until terminated by either you or Edimus. You may terminate these Terms of Service as they apply to you at any time by ceasing to use the Service. Edimus may terminate these Terms of Service at any time immediately and without notice, and accordingly deny you access to the Service, for any reason in its sole discretion; however, the provisions in these Terms of Service that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms of Service.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Edimus agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
These Terms of Service (together with our Privacy Policy , which is expressly incorporated herein by reference and which can be accessed on the Site and App, contain the entire understanding and agreement between you and Edimus with respect to your use and access of this Site, and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Service. No representation, statement or inducement, whether oral or written, not contained in these Terms of Service (and any other terms that may appear on the Site or App from time-to-time) or the Privacy Policy shall bind any party to this agreement. Before using this Site please read through all referenced documents carefully.