PRIVACY NOTICE

Effective Date: June 14, 2021


Edifecs, Inc. (“Edifecs”, “we”, “us” or “our”) is committed to protecting your privacy.  This Edifecs Privacy Notice (this “Privacy Notice”) explains how we collect, use, disclose, and otherwise process Personal Information (as defined below) in connection with our website, edifecs.com (the “Site”), and the related content, platform, services, and other functionality offered on or through our online services (which are referred to together with the Site in this Privacy Notice as the “Services”). This Privacy Notice does not address our privacy practices relating to job applicants, employees and other personnel.


Region-Specific Disclosures


We may choose or be required by law to provide different or additional disclosures, relating to the processing of Personal information (as defined below) about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:

  • Nevada: Chapter 603A of the Nevada Revised Statutes permits Nevada residents to opt out of the sale of certain covered information that a website operator has collected or will collect about them. Although we do not currently sell covered information, please contact us at ?subject=Nevada%20Opt%20Out%20Request"> with the subject line “Nevada Opt Out Request” if you are a Nevada resident and would like to submit such a request.
  • California: If you are a California resident, please click here for additional California-specific privacy disclosures.

What is Personal Information?


When we use the term “Personal Information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.


Our Collection of Personal Information


Sometimes we collect Personal Information automatically when an individual interacts with our Services and sometimes we collect Personal Information directly from an individual. At times, we may collect Personal Information about an individual from other sources and third parties.


Personal Information Collected from Site Visitors and Account Holders


We may collect Personal Information submitted to us by visitors to our Site and account holders, including:

  • Contact Information, including first and last name, email address, mailing address, employer, job title, company name, phone number and communication preferences.
  • Inquiry Information, including information provided in custom messages sent through the forms or contact information provided on our Site and through our Services.
  • Account Information, including name, company name, employer, job title, email address, username and password, profile information, Edifecs CORE-related information, Edifecs Compliance-related information, Edifecs CommerceDesk-related information, Edifecs ServiceDesk-related information, and any other account information you provide to us.
  • Survey Information, including feedback you share with us in connection with surveys we may send you from time to time, and any related testimonials or other content you choose to share with us.
  • Subscription Information, including your subscriber ID, account contact information and transaction-related information.
  • Event Information, including registration information, attendee badge information, and contact information.

Personal Information Automatically Collected


As is true of most digital platforms, we and our third-party providers may also collect Personal Information from an individual’s device, browsing actions and site usage patterns automatically when visiting or interacting with our Site, which may include log data (such as internet protocol (IP) address, operating system, browser type, browser ID, the URL entered and the referring page/campaign, the date/time of visit, the time spent on our Site and any errors that may occur during the visit to our Site), analytics data (such as the electronic path taken to our Site, through our Site and when exiting our Site, as well as usage and activity on our Site) and location data (such as general geographic location based on the log data we or our third-party providers collect). 


We and our third-party providers may use (i) cookies or small data files that are stored on an individual’s computer and (ii) other, related technologies, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”) to automatically collect this Personal Information. For example, our Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to collect and view reports about the traffic on our Site. More information about the use of Google Analytics for these analytical and non advertising purposes can be obtained by visiting Google’s privacy policy here and Google’s currently available opt-out options are available here.


To manage cookies, individuals may change their browser settings to: (i) notify them when they receive a cookie, so they can choose whether or not to accept it; (ii) disable existing cookies; or (iii) automatically reject cookies.  Please note that doing so may negatively impact an individual’s experience using our Site, as some features and offerings may not work properly or at all.  Depending on an individual’s device and operating system, the individual may not be able to delete or block all cookies. In addition, if an individual wants to reject cookies across all browsers and devices, the individual will need to do so on each browser on each of his or her devices. An individual may also set his or her email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether the individual accessed our email and performed certain functions with it.


Personal Information from Third Parties


We may also obtain Personal Information from third parties. We may combine this information with other Personal Information we have about you for the reasons described below.


We may receive the same categories of Personal Information as described above from the following third parties:

  • Your Employer: If you use our Services on behalf of your employer, we may receive information from your employer or another employee such as your name and contact information.
  • Social Media: When you interact with our Services through various social media networks, such as when you “Like” us, follow us, or share our content on Google, Facebook, Twitter, or other social networks, we may receive some information about you that you permit the applicable social network to share with third parties. The data we receive depends on your privacy settings with the social network. You should always review and, if necessary, adjust your privacy settings on third-party websites and social media networks and services before sharing information and/or linking or connecting them to other services.
  • Service Providers: Service providers that perform services solely on our behalf, such as survey and marketing providers, collect Personal Information and often share some or all of this information with us.
  • Information Providers: We may, from time to time, obtain information from third-party information providers to correct or supplement Personal Information we collect. For example, we may obtain updated contact information from third-party information providers to reconnect with you.
  • Publicly Available Sources: We may collect Personal Information about you that we do not otherwise have, such as contact information, employment-related information, and interest-in-services information, from publicly available sources. We may combine this information with the information we collect from you directly. We may use this information to contact you, to send advertising or promotional materials or to personalize our Services and to better understand the demographics of the individuals with whom we interact.

Our Use of Personal Information


We use Personal Information we collect to:

  • Fulfill the purpose for which the information was provided, such as to perform our contractual obligations or to deliver Services you have requested;
  • Manage our organization and its day-to-day operations;
  • Communicate with individuals, including via email, text message, social media and/or telephone calls;
  • Ask individuals to complete surveys about us, our Services, and organizations we partner with;
  • Market our Services to individuals, including through email, direct mail, phone and text message;
  • Administer, improve and personalize our Services, including by recognizing individuals and remembering their information when they return to our Site;
  • Facilitate client benefits and services, including customer support through our command center services;
  • Identify and analyze how individuals use our Site and Services;
  • Conduct research and analytics on our client base and our Services;
  • Improve and customize our Services to address the needs and interests of our client base and other individuals we interact with;
  • Test, enhance, update and monitor the Services, and diagnose or fix technology problems;
  • Help maintain the safety, security and integrity of our property and Services, technology assets and business;
  • Defend, protect and enforce our rights or applicable contracts and agreements;
  • Prevent, investigate or provide notice of fraud or unlawful or criminal activity; and
  • Comply with legal obligations.

We may provide additional privacy disclosures if the Personal Information at issue and/our expected use case falls outside the scope of this Privacy Notice.


Our Disclosure of Personal Information


We disclose Personal Information in the following ways:

  • Affiliates. We may share Personal Information with other companies owned or controlled by Edifecs, and other companies owned by or under common ownership as Edifecs, including our subsidiaries (i.e., any organization we own or control), our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries owned by that holding company, particularly when we collaborate in providing the Services.
  • Your Employer: If you engage in our Services through your employer, we disclose Personal Information to your employer such as your name and contact information.
  • Survey Providers: We share Personal Information with third parties who assist us in delivering our survey offerings and processing the responses.
  • Marketing Providers: We coordinate and share Personal Information with our marketing providers in order to communicate with individuals about the Services we make available.
  • Customer Service and Communication Providers: We share Personal Information with third parties who assist us in providing our customer services and facilitating our communications with individuals that submit inquiries.
  • Other Service Providers: In addition to the third parties identified above, we engage other third-party service providers that perform business or operational services for us or on our behalf, such as website hosting, infrastructure provisioning, IT services, analytics services, and administrative services.
  • Other Business as Needed to Provide Services: We may share Personal Information with third parties that an individual engages with through our Services or as needed to fulfill a request.
  • Business Transaction or Reorganization: We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose Personal Information to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal Information may also be disclosed in the event of insolvency, bankruptcy or receivership.
  • Legal Obligations and Rights: We may disclose Personal Information to third parties, such as legal advisors and law enforcement:
    • in connection with the establishment, exercise, or defense of legal claims;
    • to comply with laws or to respond to lawful requests and legal process;
    • to protect our rights and property and the rights and property of others, including to enforce our agreements and policies;
    • to detect, suppress, or prevent fraud;
    • to protect the health and safety of us and others; or
    • as otherwise required by applicable law.
  • Otherwise with Consent or Direction: We may disclose Personal Information about an individual to certain other third parties or publicly with the individual’s consent or direction. For example, with an individual’s consent or direction we may post his or her testimonial on our Site or other Services.

Children’s Personal Information


Our Site and our other Services are not directed to, and we do not intend to, or knowingly, collect or solicit Personal Information from children under the age of 13. Individuals under the age of 13 should not use our Site or other Services, or otherwise provide us with any Personal Information either directly or by other means. If a child under the age of 13 has provided Personal Information to us, we encourage the child’s parent or guardian to contact us to request that we remove the Personal Information from our systems. If we learn that any Personal Information we collect has been provided by a child under the age of 13, we will promptly delete that Personal Information.


Links to Third-Party Websites or Services


Our Site and Services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to, and we are not responsible for, any Personal Information practices of third-party websites and online services or the practices of other third parties. To learn about the Personal Information practices of third parties, please visit their respective privacy notices.


Updates to This Privacy Notice


We will update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify individuals by email to their registered email address, by prominent posting on this Site or our Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.


Contact Us


If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please send an email to privacy@edifecs.com.

Alternatively, inquiries may be addressed to:


Edifecs, Inc.
Attn: Privacy Department
1756 114th Ave SE
Bellevue, WA 98004

CALIFORNIA PRIVACY NOTICE

Effective Date: June 14, 2021


CALIFORNIA RESIDENTS


This California Privacy Notice (this “CA Notice”) supplements the information contained in our Privacy Notice and applies solely to California residents (“consumers” or “you”). This CA Notice describes how Edifecs, Inc. (“Edifecs”, “we”, “us” or “our”) collects, uses, discloses, and otherwise processes personal information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (the “CCPA”). Unless otherwise expressly stated, all terms in this CA Notice have the same meaning as defined in our Privacy Notice or as otherwise defined in the CCPA.


PERSONAL INFORMATION


When we use the term “personal information” in this CA Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. This CA Notice does not apply to personal information we collect when we are acting as a “service provider” to process information pursuant to a contract with one of our business customers.


For the purposes of this CA Notice, personal information does not include:

  • Publicly available information from government records.
  • Deidentified, aggregated, or anonymized information that is maintained in a form that is not capable of being associated with or linked to a consumer.
  • Information excluded from the CCPA’s scope, such as:
    • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994 (DPPA).
  • Information relating to our job applicants, employees, contractors, and other Edifecs personnel.


COLLECTION AND USE OF PERSONAL INFORMATION


We collect personal information from and about you for a variety of purposes. For example, we use personal information to provide you with information about our products and services, to provide our products and services to our customers, for the proper administration of our business, to improve our products and services for our customers, to protect the safety and integrity of our business, and to comply with legal obligations.


To learn more about the types of personal information we collect and the purposes for which we use this information, please refer to the “Our Collection of Personal Information” and the “Our Use of Personal Information” sections of our Privacy Notice.


In the last 12 months, we have collected the following categories of personal information:

  • Identifiers, such as your name and email address;
  • California Customer Records (Cal. Civ. Code § 1798.80(e)), such as your username and password and phone number;
  • Commercial Information, such as products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies;
  • Internet/Network Information, such as device information, logs and analytics data;
  • Geolocation Data, such as geolocation;
  • Sensory Information, such as voice recordings from customer service phone calls between you and Edifecs;
  • Other Personal Information, such as information you submit into the feedback form and any communications between you and Edifecs; and
  • Inferences, such as information generated from your use of the Services reflecting predictions about your interests and preferences.

We collect this information from the following sources: directly from you, from our business partners and affiliates, from your browser or device when you visit our Site or use our Services, and from third parties that you permit to share information with us.


DISCLOSURE OF PERSONAL INFORMATION


As described in the “Our Disclosure of Personal Information” section of our Privacy Notice, we share personal information with third parties for business purposes.


The categories of third parties to whom we disclose your personal information for a business purpose may include: (i) other brands and affiliates in our family of companies; (ii) our service providers and advisors; (iii) marketing and strategic partners; (iv) promotional partners; (v) ad networks and advertising partners; (vi) analytics providers; and (vii) social networks.


In the previous 12 months, we have disclosed the following categories of personal information to third parties for a business purpose: Identifiers, California Customer Records, Commercial Information, Internet/Network Information, Geolocation Data, Sensory Information, Other Personal Information and Inferences.


We do not sell personal information.


YOUR CALIFORNIA PRIVACY RIGHTS


As a California resident, you may be able to exercise the following rights in relation to the personal information about you that we have collected (subject to certain limitations at law):


The Right to Know

You have the right to request any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:

  • The specific pieces of personal information we have collected about you;
  • The categories of personal information we have collected about you;
  • The categories of sources of the personal information;
  • The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
  • The categories of personal information we have sold about you (if any), and the categories of third parties to whom the information was sold; and
  • The business or commercial purposes for collecting or, if applicable, selling the personal information.

The Right to Request DeletionYou have the right to request the deletion of personal information we have collected from you, subject to certain exceptions.
The Right to Opt Out of Personal Information SalesYou have the right to direct us not to sell personal information we have collected about you to third parties now or in the future.
The Right to Non-Discrimination

You have the right not to receive discriminatory treatment for exercising these rights.

However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.


To exercise your consumer rights, please submit a request by:

  • Filling out our California Consumer Rights Request Form;
  • Calling 1-855-333-4462; or
  • Emailing us at privacy@edifecs.com with the subject line, “California Consumer Rights Request”.

Before processing your request, we will need to verify your identity and confirm you are a resident of the State of California. In order to verify your identity, we will generally either require the successful authentication of your account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. This process may require us to request additional personal information from you, including, but not limited to, your name, email address, phone number, company name, and/or date of last interaction with Edifecs.


In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.


Authorized Agents


In certain circumstances, you are permitted to use an authorized agent (as that term is defined by the CCPA) to submit requests on your behalf through the designated methods set forth in this California Privacy Disclosures where we can verify the authorized agent’s authority to act on your behalf. For consumer requests, we require the following for verification purposes: (a) receiving a power of attorney valid under the laws of California from you or your authorized agent; or (b) receiving sufficient evidence to show that you have provided the authorized agent signed permission to act on your behalf. We may also require you to verify your identity directly with us pursuant to the instructions set forth in these California Privacy Disclosures, and/or to confirm with us directly that you have provided the authorized agent permission to submit the request on your behalf.


Minors Under Age 16


Please contact us at privacy@edifecs.com to inform us if you are under the age of 16 and are interested in using our Services, or if you are the parent or guardian of someone under 16 who is interested in doing so. We do not sell the personal information of consumers we know to be less than 16 years of age, unless we receive affirmative authorization (the “Right to Opt In”) from either the minor who is between 13 and 16 years of age, or the parent or guardian of a minor less than 13 years of age.


California’s “Shine the Light” Law


California's “Shine the Light” law (Civil Code Section §1798.83) provides certain rights to California residents that have an established business relationship with us with regard to the disclosure of certain types of personal information to third parties for their direct marketing purposes. To opt-out of having your personal information disclosed to third parties for their direct marketing purposes, please contact us at privacy@edifecs.com and provide your contact information to be added to our suppression list.


ADDITIONAL INFORMATION


We will update this CA Notice from time to time. When we make changes to this CA Notice, we will change the “Effective Date” at the beginning of this CA Notice. All changes shall be effective from the date of publication unless otherwise provided in the notification.


Contact Us


If you have any questions or requests in connection with this CA Notice or other privacy-related matters, please send an email to privacy@edifecs.com.



Terms of Use


Last Updated: July 28, 2021


The following Terms of Use (“Terms”) are entered into by and between Edifecs, Inc. (“Edifecs”, “we”, “us”) and visitors, users, and others (together, “Users”, “you”, “your”) who access or otherwise use the Edifecs corporate website (www.edifecs.com), any Edifecs community website or any other website sponsored or provided by Edifecs that indicates it is subject to these Terms (together, the "Sites"). By accessing or otherwise using one or more of the Sites, you acknowledge that you have read, understood and agree to be bound by these Terms. If you are acting on behalf of a company, organization or other entity, then (i) “you” includes you and that entity; (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms; and (iii) you agree to these Terms on the entity’s behalf.


PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.


  1. Eligibility

    This is a contract between you and Edifecs. You must read and agree to these Terms before using the Sites. If you do not agree, you are not permitted to use the Sites. You may use the Sites only if you can form a binding contract with Edifecs, and only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.


    Any use or access to the Sites by anyone under 13 is strictly prohibited and in violation of these Terms. If Edifecs previously has prohibited you from using any of the Sites, then you are not permitted to use the Sites now or at any time in the future.


  2. User Feedback

    We welcome your comments, feedback, ideas, suggestions and other similar submissions regarding the Sites (collectively, “Submissions”). However, please do not send us any Submissions you consider to be confidential or proprietary. All Submissions are not confidential, and will become and remain our property. You hereby acknowledge and agree that Edifecs has the perpetual right to use, display, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from and distribute your Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation or any other obligation to you or any third party. You further acknowledge that, by accepting Submissions, Edifecs does not waive any rights to use similar or related ideas previously known to Edifecs, developed by its employees or obtained from other sources.


  3. Limited License

    Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Sites, including the content made available to you on the Sites. Edifecs may terminate this license at any time for any reason or no reason. Edifecs reserves all rights not expressly granted herein. Use of the Sites for any purpose not expressly permitted by these Terms is strictly prohibited.


    The Sites may contain other proprietary notices and copyright information that supplement these Terms. Please review any such supplemental notices and information carefully.


  4. Use Restrictions

    You agree not to engage in any of the following prohibited activities:


    • copying, distributing or disclosing any part of the Sites in any medium, including without limitation by any automated or non-automated “scraping”;
    • using any automated system, including without limitation “robots,” “spiders” or “offline readers” to access the Sites in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional web browser;
    • transmitting spam, chain letters or other unsolicited email;
    • attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Sites;
    • taking any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
    • uploading invalid data, viruses, worms or other software agents through the Sites;
    • collecting or harvesting any personal information, including account names, from the Sites;
    • using the Sites for any commercial solicitation purposes;
    • impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
    • interfering with the proper working of the Sites;
    • accessing any content on the Sites through any technology or means other than those provided or authorized by the Sites; or
    • bypassing the measures we may use to prevent or restrict access to the Sites, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Sites or the content therein.

  5. Changes to the Sites

    At any time, with or without notice to you and in our sole discretion, we may:


    • change the Sites;
    • stop providing the Sites or features of the Sites to you or to Users generally;
    • create usage limits for the Sites; or
    • permanently or temporarily terminate or suspend your access to the Sites.
  6. User Accounts

    We may in our sole discretion provide you with an individual account for one or more of the Sites (“User Account”) that gives you access to special Site functionality. We reserve the right to maintain different types of User Accounts for different types of Users. By connecting to Edifecs with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.


    You must never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. Please use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify Edifecs immediately of any breach of security or unauthorized use of your User Account. Edifecs will not be liable for any losses caused by any unauthorized use of your User Account.


    You may control your User profile and how you interact with the Sites by changing the settings we make available to you. By providing Edifecs your email address, you consent to our using the email address to send you notices related to the Sites, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as information regarding changes to the Sites and special offers. If you do not want to receive such email messages, you may ask to opt out or change your preferences. Opting out may prevent you from receiving email messages regarding certain updates, improvements or offers that may be of interest to you.


  7. Indemnity

    You agree to defend, indemnify and hold harmless Edifecs and its subsidiaries, agents, licensors, managers and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:


    • your use of and access to the Sites, including any data or content transmitted or received by you;
    • your violation of these Terms, including without limitation your breach of any of your representations and warranties herein;
    • your violation of any third-party right, including without limitation any right of privacy or intellectual property rights;
    • your violation of any applicable law, rule or regulation;
    • User Content or any content that is submitted via your User Account, including without limitation misleading, false or inaccurate information;
    • your gross negligence, willful misconduct or fraud; or
    • any other party’s access and use of the Sites with your unique username, password or other security code.

  8. Disclaimers

    THE SITES ARE PROVIDED BY EDIFECS ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. While Edifecs seeks to provide accurate, up-to-date information available, the Sites may, at times, contain technical inaccuracies or typographical errors, and may be changed or updated without notice. Edifecs does not guarantee that the information provided through the Sites will be accurate or up-to-date and use of such information is at your own risk. We reserve the right without prior notice to discontinue or change the specifications on products and services offered on the Sites without obligation to you. From time to time, we may make suggestions or recommendations of certain products or services. However, we make no guarantee as to satisfaction for our suggestions or recommendations or that the suggested or recommended products or services will meet your expectations. Edifecs provides no assurances that any reported problems may be resolved with the use of any information that Edifecs provides.


    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EDIFECS AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITES, AND INFORMATION, CONTENT OR OTHER MATERIALS AVAILABLE ON THE SITES. WITHOUT LIMITING THE FOREGOING, EDIFECS AND ITS LICENSORS DO NOT WARRANT THAT THE SITES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITES WILL MEET YOUR REQUIREMENTS; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITES.


    SOME JURISDICTIONS DO NOT ALLOW ONE OR MORE OF THE EXCLUSIONS OF WARRANTIES ABOVE, SO THEY MAY NOT APPLY TO YOU.


  9. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EDIFECS OR ITS LICENSORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, UNDER ANY THEORY OF LIABILITY (INCLUDING TORT, CONTRACT OR ANY OTHER THEORY), INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR PERFORMANCE OF THE SITES. UNDER NO CIRCUMSTANCES WILL EDIFECS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITES OR YOUR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THESE LIMITATIONS APPLY EVEN IF EDIFECS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY WARRANTY OR REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE TOTAL LIABILITY OF EDIFECS AND ITS LICENSORS WILL BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR USING THE SITES.


    SOME JURISDICTIONS DO NOT ALLOW ONE OR MORE OF THE LIMITATIONS OF LIABILITY LISTED ABOVE, SO THEY MAY NOT APPLY TO YOU.


  10. Termination of Usage

    Edifecs may terminate or suspend your access to all or part of the Sites, without notice, for any conduct that we, in our sole discretion, believe is disruptive to the Sites or is in violation of any applicable law or these Terms.


  11. Privacy and Security

    We care about the privacy and security of your information. However, we cannot guarantee that third parties will never be able to defeat our security measures or use your information for improper purposes. YOU ACKNOWLEDGE THAT YOU PROVIDE YOUR USER CONTENT AT YOUR OWN RISK.


    For more information about our privacy practices, please refer to our Privacy Notice.


  12. Applicable Law

    The Sites are controlled by us from our offices within the State of Washington, United States of America. The laws applicable to the interpretation of these Terms shall be the laws of the State of Washington, USA, without regard to any conflict of law provisions. You agree to submit to the personal jurisdiction of the federal and state courts located in King County, Washington for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that King County, Washington is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.


    Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.


    We make no representation that the content found in the Sites is appropriate for access outside of the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within these Terms is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.


  13. Arbitration; Class Action/Jury Trial Waiver

    READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EDIFECS. For any dispute with Edifecs, you agree to first contact us using the contact information set forth below and attempt to resolve the dispute with us informally. In the unlikely event that Edifecs has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in King County, Washington, unless you and Edifecs agree otherwise. If you are using the Sites for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Sites for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Edifecs from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation or violation of Edifecs’s data security, intellectual property rights or other proprietary rights.


    WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EDIFECS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.


  14. No Professional Advice

    Any professional information (for example, medical, legal or financial) on the Sites is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any such information contained in the Sites. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.


  15. Third-Party Links and Information

    The Sites may contain links to third-party materials that are not owned or controlled by Edifecs. Edifecs does not endorse or assume any responsibility for any such third-party materials. If you access a third-party website or service from the Sites or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and Edifecs’s Privacy Policy do not apply to your use of such sites. You expressly relieve Edifecs from any and all liability arising from your use of any third-party website or service, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Sites, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Edifecs shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.


  16. No Assignment

    These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Edifecs without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.


  17. Notification Procedures and Changes to these Terms

    Edifecs may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice or through posting of such notice on our website, as determined by Edifecs in our sole discretion. Edifecs reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Edifecs is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Edifecs may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we make material changes these Terms in a material manner, we will provide you with reasonable notice of the changes. Your continued use of the Sites after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Sites.


  18. Entire Agreement/Severability

    These Terms, together with any amendments and any additional agreements you may enter into with Edifecs in connection with the Sites, shall constitute the entire agreement between you and Edifecs concerning the Sites. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.


  19. No Waiver

    No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Edifecs’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.


  20. Contact Us

    Please contact us at support@edifecs.com with any questions regarding these Terms.