Terms & Conditions of Use
The edlong.com website (the “Site”) and all information provided by The Edlong Corporation (“Edlong”) via this Site are provided subject to the terms set forth herein. If you visit the Site, you agree to be bound by these Terms & Conditions of Use.
Edlong reserves the right to make changes at any time to the Site or these Terms & Conditions of Use. Any modifications to the Terms & Conditions of Use will be effective upon posting. Your continued use of the Site following posting of any revised Terms & Conditions of Use will constitute acceptance of the modified Terms & Conditions of Use.
Use of the Site
The Site may include information regarding Edlong and its services, publications and presentations, and links to third party websites. You may download, view, copy and print information, materials and any other aspect of this Site (i) solely for your personal, informational purposes; and (ii) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered. The information contained on this Site is general in nature and may not apply to a given application or use. Prior to a production trial or placing an order please contact The Edlong Customer Service Department at the location serving you to confirm that the documentation, specifications and recommendations are the most accurate and recent versions in our files. Nothing on this website is intended to be nor should be construed as an offer to enter into a contractual relationship. You agree you will not interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the account of any other Site user. You further agree not to take any other action in connection with your use of the Site which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of the Site. You agree to access the Site through a web browser, and specifically agree not to use any third party applications to access the Site or any other page of the Site. You further agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site. Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site or any portion thereof or any information or content on the Site, without the prior written permission of Edlong. In addition, you agree not to link to any page of the Site other than the home page located at www.edlong.com.
Unauthorized Use of the Site
Edlong reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site, including but not limited to: unauthorized access to the Site through a third party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; interference with the Site; action that imposes an unreasonable load on the Site; or any link to any page of the website other than the home page. Edlong’s decision not to pursue legal action for any violation of the Terms & Conditions of Use shall not be construed as a waiver of these Terms & Conditions of Use or Edlong’s legal rights.
The terms of the Edlong Privacy and Data Security Statement are hereby incorporated as part of these Terms & Conditions of Use.
Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND ANY INFORMATION AND CONTENT CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EDLONG MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR THE INFORMATION OR CONTENT ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EDLONG DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. FURTHER, EDLONG MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL EDLONG OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF EDLONG OR ITS AFFILIATES (THE “EDLONG PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE OR ANY INFORMATION OR CONTENT AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
You agree to indemnify and hold the Edlong Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with (i) use of the Site or any content, information, materials or services contained, displayed or available therein by you or any other person accessing the Site under any password, user ID or other access method assigned to you; (ii) your violation of these Terms & Conditions of Use; or (iii) your violation of any rights of any third party.
Trademarks and Copyrights
The following non-exclusive list of Edlong trademarks and service marks appearing on the Site include: (1) the “Edlong” service mark and trade name; (2) (2) the Swirl logo; (3) the “Where Service is a Lifestyle” service mark; (4) “The Scientific Art of Authentic Taste” service mark; and (5) any flavor wheel service marks displayed on the Site are the proprietary service marks or trademarks of Edlong or its licensors (“Edlong Marks”). All other trademarks and service marks appearing on the Site are trademarks or service marks of either Edlong and/or its licensors or their respective owners, who may or may not be affiliated with, connected to, or sponsored by Edlong. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the service mark or trademark owner. All content on this Site, including, but not limited to, works of authorship, publications, presentations, directories, design, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site are the property of Edlong or its licensors and are protected by United States and international copyright and other intellectual property laws. Nothing in these Terms & Conditions of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of Edlong or any other person.
Links to Third Party Sites/Third Party Advertisements
You acknowledge that, from time to time, Edlong may provide links to the websites of third parties. Edlong is not responsible for the content of any linked site which is not owned by Edlong, or any link contained in a linked site. The display of any link to a third party website does not imply endorsement by Edlong of the linked site or any information or content therein. IN NO EVENT WILL EDLONG BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Except where otherwise expressly provided by Edlong, all comments or feedback which is solicited by or provided to Edlong regarding your experiences with, preferences for, opinion of or suggestions regarding this Site (collectively, “Feedback”) shall be considered non-confidential and Edlong’s property. By submitting such Feedback to Edlong, you agree that you assign to Edlong, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to such Feedback, and that Edlong shall be free to use such Feedback in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you. Edlong Does Not Endorse Comments of Users Edlong does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements of third parties displayed on or transmitted via the Site (“Third Party Content”). Any Third-Party Content placed on the Site are the views and responsibility of those who post the statements, and do not necessarily represent the views of Edlong.
Modification or Discontinuance of the Site by Edlong
At any time, without notice to you, and for any or no reason, Edlong may modify or discontinue the Site. Edlong shall in no way be held liable for any consequence which results from Edlong’s decision to modify or discontinue providing the Site. Edlong is not obligated to update this Site.
Denial of Access
Edlong may prohibit you from using or accessing the Site for any or no reason, at any time, in its sole discretion, without notice to you.
Governing Law, Choice of Forum, Jury and Class Action Waiver
Please read the following section carefully, because it limits the manner in which you can seek relief from us. The laws of the State of Illinois (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these terms shall be brought solely in Chicago, Illinois. YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.
In the event you breach or threaten breach of these terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
You may not assign or otherwise transfer these Terms & Conditions of Use or any rights or obligations hereunder. Edlong’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless Edlong agrees to such waiver in writing. If any portion of these Terms & Conditions of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms & Conditions of Use set forth the entire understanding between you and Edlong with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Edlong with respect to such subject matter.
If you have any questions relating to these Terms & Conditions of Use, the Site or Edlong, please contact: firstname.lastname@example.org.
Notice and Procedure for Making Claims of Intellectual Property Infringement
Edlong respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide Edlong the written information specified below. Please note that this procedure is exclusively for notifying Edlong that your intellectual property rights have been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the intellectual property right that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
Edlong’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows: If you would like to contact us, or have questions or suggestions regarding this Privacy Statement, please write, call or e-mail us at the following addresses and/or numbers:
Intellectual Property Agent c/o The Edlong Corporation
225 Scott Street Elk Grove Village, IL 60007-1299 USA
Telephone: (847) 631-6700
Toll Free: 1-888-698-2783 (USA & Canada only)
Fax: (847) 439-0053