Terms of Use

EdiActivity Terms of Use and Privacy Policy

Please read this document carefully before accessing or using EdiActivity.

Introduction

English, not Legalese

Most Terms of Service and Privacy Policy documents are unreadable. They are written by lawyers and for lawyers and in our opinion are not very effective.

Because we believe in establishing long-term relationships with our customemicrrs, we decided to use plain English instead, to make our terms as clear as possible.

Please don't forget that we are real people: take a look at our company page to get to know us a little. We are not perfect, but we're trying our hardest, because we genuinely care about your success.

When you read EdiActivity or we below, it refers to Maarg, Inc. (contact information), its affiliates and agents.

Should you have other questions or concerns about this document, please call us at +1 (425) 526-6763 or send us an e-mail at sales@EdiActivity.com.

Using EdiActivity means accepting these terms

By accessing or using EdiActivity in any way, whether you have created your own EdiActivity account or are invited to someone else's account as a member, or are just browsing around, you agree to and are bound by the terms and conditions written in this document.

If you do not agree to all of the terms and conditions contained in this document, do not access EdiActivity.

This is a living document

This is a living document. With your help, we want to make it the best in the industry.

If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch! We're all ears! Email sales@EdiActivity.com and we'll chat.

We don't amend this document for any particular customer, but if your changes apply to all of our customers, we'll be happy to update it for everyone. Scroll to the bottom to see the history so far.

We will likely improve this document over time. By continuing to use the site, you will implicitly accept the changes we make. Your access and use of EdiActivity is always subject to the most current version of this document.

If you'd like to be notified every time we make a change to this document, please enter your email address below to subscribe to our "EdiActivity ToS changes" mailing list:

Breach of Terms

If you breach any of the terms and conditions in this document, your authorization to access or use EdiActivity automatically terminates. Any materials downloaded or printed from EdiActivity in violation of the Terms of Use must be immediately destroyed.

We may block, restrict, disable, suspend or terminate your access to all or part of EdiActivity at any time in our sole discretion, without prior notice or liability to you. To this day, we have never had to do this, and we hope it never happens.

If you think we removed your access by mistake, get in touch and we'll give you our reasoning. We also have a quick way to restore access without losing any of your data.

Support

Support for EdiActivity is provided via our Community Forums at http://community.EdiActivity.com as well via our support portal at http://support.EdiActivity.com

Email and phone support is also included, but is only provided to EdiActivity site subscribers.

We also continuously update the EdiActivity Documentation so that users can help themselves and site owners are better equipped to help their users.

We take pride in providing excellent customer support, but we are also a small team and value our work/life balance. This means that although we'll try our best, we do not guarantee 24/7 support.

Access to your data

What personal data do you collect and why?

We collect the following personal data:

Name
E-mail address
Company Name
Optional Phone number
Optional Geographical location/Address
Optional Working hours

We do not collect Address or Credit Card information directly. See - Who can see my credit card number? below.

We use return e-mail addresses to answer the e-mail we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

Please be aware that your browser must be enabled to accept cookies from EdiActivity.com in order for you to use EdiActivity.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above.

Who can see my password?

No-one. We never store your password unencrypted, so no-one can read it.

It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify EdiActivity immediately.

If you forget your password, we send you a secure link via email that lets you reset it.

Who can see my credit card number?

No-one at EdiActivity. We use the very trustworthy and secure Spreedly payment service. Read about their security measures on the Spreedly Terms of Service (in short, they encrypt your credit card info).

Our Commitment to Children’s Privacy

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

How can I access or correct my information?

You can access all your personally identifiable information that we collect online and maintain by logging in to any EdiActivity site you have access to and visiting the pages.

Who can see my data?

By default, all data is private, but the owner or any staff member who's part of that account can make it public.

If you download and send artifacts (links, documents, settings)to someone, they will be able to access that even without logging in.

What are the guidelines EdiActivity follows when accessing my data?

  • We restrict who at EdiActivity can access customer data to only senior members of the team, and approved contractors.
  • We only do it in response to a customer support question.
  • We only do it in order to debug and fix the issue.
  • We never make changes to anything unless explicitly requested by a owner.
  • If the owner or a site staff member asks us to look into a project in order to debug a software issue, we will go in and look at that project and possibly make minor edits in order to fix the issue.
  • We never ever ever share what we see with other customers or the general public.
  • We might give access to US authorities if requested in writing. We'll try not to, but we don't have the resources to fight the government. We'll also keep your site owner informed as much as we can if this happens.

How is my data protected from another customer's data?

All of our customers' data resides in the same database. We use software best practices to guarantee that only people who you designate as viewers of your data can access it. In other words, we segment our customer data via software. We do our best and are very confident we're doing a good job at it, but, like every other web app that hosts their customer’s data on the same database, cannot guarantee that a sophisticated hacker cannot access other people's data.

How are you protecting my data from hacker attacks?

Security is one of the main reasons we chose Microsoft Corporation Windows Azure Services as the infrastructure provider for EdiActivity. To see all the steps Microsoft takes to protect the data saved on its services, take a look at the extensive Security Center and the security-related details. It's what makes us sleep well at night.

On top of all that Azure goodness, we have our own practices in place, which follow the industry's best practices. We keep our servers always up to date with security fixes, have one-click ways to take down servers should they become infected/compromised and to create and deploy new clean ones.

What should I do if I find a security vulnerability in EdiActivity?

If you have discovered a security concern, please email us at security@ediactivity.com. We’ll work with you to make sure that we understand the scope of the issue, and that we fully address your concern. We consider correspondence sent to security@ediactivity.com our highest priority, and work to address any issues that arise as quickly as possible.

Please act in good faith towards our users’ privacy and data during your disclosure. We won’t take legal action against you or administrative action against your account if you act accordingly: White hat researchers are always appreciated.

Intellectual Property Rights

Who owns EdiActivity materials?

EdiActivity materials are all the information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products on EdiActivity produced by EdiActivity.

EdiActivity materials are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of the EdiActivity Materials may violate such laws and the Terms of Use.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the EdiActivity service or EdiActivity Materials or any portions of them. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The trademarks, logos and service marks displayed on this Site are the property of Maarg Inc. or other third parties. You are not permitted to use them without the prior written consent of Maarg Inc. or such third party that may own the Marks. EdiActivity, Maarg and the Maarg logo are trademarks of Maarg Inc.

  • EdiActivity materials may not be modified or altered in any way.
  • EdiActivity materials on the EdiActivity may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
  • You may not remove any copyright or other proprietary notices contained in the EdiActivity materials.
  • You may not copy or distribute any graphics in the EdiActivity materials apart from their accompanying text.
  • You will not quote or display EdiActivity materials, or any portions thereof, out of context.
  • EdiActivity reserves the right to revoke the authorization to view, download and print the EdiActivity materials available via EdiActivity at any time, and any such use shall be discontinued immediately upon notice from EdiActivity.
  • The rights granted to you constitute a license and not a transfer of title.
  • Any EdiActivity materials made available only upon payment of a fee may only be viewed, downloaded and printed subject to your payment of such fee.

Who owns the IP of my (uploaded) samples?

EdiActivity does not claim intellectual property rights over samples created or uploaded on EdiActivity.

We leave it to each EdiActivity site owner to decide who should own the IP of the samples used in their EdiActivity site. We encourage site owners to make their policy clear to their users, either via email or by posting it on their EdiActivity site (see this page as an example).

You acknowledge and agree that EdiActivity has no liability of any kind should anyone you granted access to your content modify, destroy, corrupt, copy or distribute it, or violate the terms of use or other limitations that you may impose on the use of your shared content.

EdiActivity does not pre-screen user materials that users provide or otherwise submit via EdiActivity; however, EdiActivity may remove any posted or submitted user materials from EdiActivity for any reason without notice in its sole discretion. By posting or submitting your user materials, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to your user materials as described in these Terms of Use, including all the rights necessary for you to post or submit your user materials.

In addition, by posting or otherwise submitting your user materials that contain images, photographs, pictures, videos, webcasts or that are otherwise graphical in whole or in part (“Images”), you represent and warrant that: (a) you own the copyright in such Images, or that you have obtained all necessary license(s) from the copyright owner(s) of such Images to use such Images, or portions thereof, in keeping with your use in connection with EdiActivity and as otherwise permitted by these Terms of Use; (b) in the event you choose to grant licenses and sublicenses to such Images, you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use; and (c) you have received consent from any and all persons depicted in such Images to use the Images as set forth in these Terms of Use, including the distribution, public display, public performance and reproduction of such Images.

You are solely and entirely responsible for all of your user materials that you post or otherwise submit via EdiActivity. You shall assume all risks associated with the use of your user materials including any reliance on the accuracy, completeness or usefulness of your user materials. EdiActivity does not guarantee the accuracy, integrity or quality of your user materials. You acknowledge and agree that by accessing or using EdiActivity, you may be exposed to user materials from others that are offensive, indecent or otherwise objectionable.

Reliability

Do you guarantee that EdiActivity will be accessible at all times?

In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet.

That said, high reliability is something we are proud of and something we deliberately chose to compete on. That's why we have hired developers, system administrators and support staff both in North America (USA) and Asia (India).

We monitor EdiActivity closely and have set up automated alarms to be notified (via email and SMS) when the EdiActivity service is under stress, so that we can deal with the issue before it becomes a problem that might impact customer access.

You can see for yourself how we're doing on this front by looking at this Pingdom-powered chart (click for more info)

You acknowledge and agree that EdiActivity shall not be liable for any failure to store your materials on EdiActivity at any time.

How is our data backed up?

Your data is saved on Azure Storage Services, which provides an SLA of 99.9% availability of object over a given year (link TBD).

We have a real-time backup to a slave instance in a different availability zone (for added resilience) and we keep daily database snapshots of the last 3 days.

How quickly can you recover from a data center disaster?

This depends on the scale of the disaster, of course.

We spread our app servers amongst several Data Centers within the US and have survived several outages in one or more zones without any downtime. Should the whole us-east-1 region be affected by an outage (atomic bomb over Virginia?), it would probably take us up to a week to set up everything in a new region, assuming we'd still be able to get to our backup data on Azure.

Play Nice Clauses

Use of EdiActivity

You agree that you shall not:

  • Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
  • Use or attempt to gain access to or use another’s user or company account, password, data, or computer systems or networks connected to any EdiActivity server, whether through hacking, password mining or any other means.
  • Access or attempt to access any material that you are not authorized to access.
  • Make available any files containing materials where you do not own or control, or have not received the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such materials.
  • Use any materials in any manner that infringes any intellectual property rights or other rights of any party.
  • Disrupt or interfere with the security of, or otherwise cause harm to, the EdiActivity service, EdiActivity materials, systems resources, accounts, passwords, servers or networks connected to or accessible through EdiActivity or any affiliated or linked sites.
  • Transmit unsolicited or bulk communications to any EdiActivity account holder or to any EdiActivity.com or affiliated e-mail address.
  • Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
  • Create a false identity for the purpose of misleading others.
  • Download any materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
  • Disrupt, interfere or inhibit any other user from using and enjoying the EdiActivity service or other affiliated or linked sites, materials or services.
  • Access or use EdiActivity in any manner that could damage, disable, overburden or impair any EdiActivity server or the network(s) connected to any EdiActivity server.
  • Violate any applicable laws or regulations related to the access to or use of EdiActivity, or engage in any activity prohibited by the Terms of Use.
  • Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
  • Prepare, compile, use, download or otherwise copy any EdiActivity user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
  • Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
  • Violate the rights of EdiActivity or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
  • Use any EdiActivity or EdiActivity domain name as a pseudonymous return e-mail address.
  • Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by EdiActivity.

Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. EdiActivity offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, EdiActivity materials, the EdiActivity service or another third-party service. You agree that you will not hold EdiActivity responsible or liable with respect to the third-party services.

Special Treatment for Spammers

In the event of your or others’ access to or use of the EdiActivity service in connection with the transmission of spam unsolicited e-mail or postings in violation of these Terms of Use, you acknowledge and agree that EdiActivity would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that EdiActivity is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). EdiActivity may without restriction block, filter or delete unsolicited e-mail.

Squatting

You may not engage in squatting. EdiActivity accounts that are inactive for more than 6 months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be subdomain squatting are:

  • the number EdiActivity accounts created
  • creating EdiActivity sites for the purpose of preventing others from using those account names
  • creating EdiActivity sites for the purpose of selling those accounts

Attempts to sell, buy, or solicit other forms of payment in exchange for EdiActivity accounts are also violations and may result in permanent account suspension.

Restriction and Termination of Use

EdiActivity may block, restrict, disable, suspend or terminate your access to all or part of EdiActivity at any time in EdiActivity’s sole discretion, without prior notice or liability to you.

Notification of Copyright Infringement

EdiActivity will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. EdiActivity will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”).

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on EdiActivity or on sites linked to from EdiActivity, please provide written notification of claimed copyright infringement to the designated agent for EdiActivity (identified below), which must contain the following elements:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  • A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
  • A description of where the content that you claim is infringing is located on EdiActivity;
  • Information sufficient to permit EdiActivity to contact you, such as your physical address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

EdiActivity’s designated agent for notice of claims of copyright infringement can be reached as follows:

By mail: Maarg Inc., 1275, 12th Ave NW, Suite 11, Issaquah WA 98027

By telephone: (425) 526-6763

By e-mail: sales@EdiActivity.com

Links to Third Party Sites

EdiActivity may include links that will take you to other sites outside of the EdiActivity service. The linked sites are provided by EdiActivity to you as a convenience and the inclusion of the links do not imply any endorsement by EdiActivity of any linked site. EdiActivity has no control of the linked sites and you therefore acknowledge and agree that EdiActivity is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that EdiActivity is not responsible for any form of transmission (e.g. webcasting) received from any linked site.

Advertisements and Promotions

EdiActivity may run advertisements and promotions from third parties via EdiActivity in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via EdiActivity, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that EdiActivity is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-EdiActivity advertisers on EdiActivity.

Warranties and Disclaimers

The EdiActivity service and EdiActivity materials are provided by EdiActivity under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, EdiActivity makes no warranty that

  1. the EdiActivity service and EdiActivity materials will meet your requirements;
  2. the EdiActivity service and EdiActivity materials will be uninterrupted, timely, secure, or error-free;
  3. the results that may be obtained from the use of EdiActivity service and EdiActivity materials will be effective, accurate, or reliable;
  4. the quality of the site or any services or materials purchased or accessible by you will meet your expectations; and
  5. any errors or defects in EdiActivity service and EdiActivity materials will be corrected.

This EdiActivity service and EdiActivity materials may include technical or other mistakes, inaccuracies, or typographical errors. EdiActivity may make changes to the site, materials and services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. The EdiActivity service and EdiActivity materials may be out of date, and EdiActivity makes no commitment to update the site, materials and services.

You acknowledge and agree that:

  1. EdiActivity does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;
  2. EdiActivity makes no representations or warranties whatsoever about any such third parties, their materials or services;
  3. any dealings you may have with such third parties are at your own risk; and
  4. EdiActivity shall not be liable or responsible for any materials or services offered by third parties.

EdiActivity does not control or endorse the materials found in any services and specifically disclaims any liability with regard to the site, services and any actions resulting from your use of the EdiActivity service and EdiActivity materials and participation in any services. Managers, hosts, site owners, project members and other third parties are not authorized EdiActivity spokespersons, and their views do not necessarily reflect those of EdiActivity. To the maximum extent permitted by law, EdiActivity will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. EdiActivity also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.

The use of EdiActivity service, EdiActivity materials or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. EdiActivity assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials. No advice or information, whether oral or written, obtained by you from EdiActivity or via the site, services or materials shall create any warranty not expressly stated in the terms of use. EdiActivity will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any services or materials, either with or without your knowledge.

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.

Indemnity and Liability

You agree to indemnify and hold EdiActivity and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

  1. your user materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through EdiActivity, including a third party’s use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials);
  2. your access to or use of EdiActivity (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with EdiActivity);
  3. your connection to EdiActivity;
  4. your violation of the Terms of Use;
  5. the actions of any member of your work group, including non-logged in users you have granted access to your EdiActivity site;
  6. your infringement of any third party’s intellectual property rights when using any of the software made available on EdiActivity;
  7. your violation of any rights of any third party;
  8. your access to or use of linked sites and your connections thereto; or
  9. any dealings between you and any third parties advertising or promoting via EdiActivity.

International Users

The EdiActivity service can be accessed from countries around the world and may contain references to EdiActivity products, services and programs that are not available in your country. These references do not imply that EdiActivity intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Maarg Inc and its affiliates from their offices within the United States of America and India. EdiActivity makes no representation that the EdiActivity service and EdiActivity materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

The export and re-export of EdiActivity Software are controlled by the United States Export Administration Regulations, and such Software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading Software, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All EdiActivity Software, products and publications are commercial in nature. The Software and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other users pursuant to the Terms of Use and the applicable license agreement.

Limitation of Liability

In no event shall EdiActivity, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if EdiActivity has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:

  1. the access or use of or the inability to access or use the EdiActivity service or EdiActivity materials;
  2. the statements or actions of any third party on or via the site, services or materials;
  3. any dealings with vendors or other third parties;
  4. any unauthorized access to or alteration of your transmissions, user materials or other data;
  5. any information that is sent or received or not sent or received;
  6. any failure to store or loss of data, files, materials or other content;
  7. any services available that are delayed or interrupted;
  8. any web site referenced or linked to from this site; or
  9. your access to or use of or inability to access or use any linked site.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.

Governing Law and Jurisdiction

The EdiActivity service (excluding linked sites) is controlled by Maarg Inc from its offices within the state of Washington, United States of America. By accessing EdiActivity, you agree that all matters relating to your access to, or use of, EdiActivity shall be governed by the statutes and laws of the State of Washington, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of King County and the United States District Court for the Washington with respect to such matters.

General

The Terms of Use and other rules, guidelines, licenses and disclaimers posted via EdiActivity or in connection with the Materials and Services constitute the entire agreement between EdiActivity and you with respect to your access to or use of the EdiActivity service and materials superseding any prior agreements between you and EdiActivity on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly contradict any terms of a written agreement between you and EdiActivity regarding the use of specific Services or Materials (including Service-specific terms of use and Software-specific licenses) (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other EdiActivity services, third party content or third party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without EdiActivity’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by EdiActivity to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

Document History

2013, April 8th: Published this draft version of the document with a "this is not ready" warning.