TERMS OF USE
These Terms of Use constitute a binding contract between You and EADG, Inc. Your
access to and continued use of the EADG Web site located at www.enjoyartdesign.org
constitutes Your acceptance, without limitation, of the terms and conditions of these Terms
of Use. If You do not agree to be bound by these terms, You may not access or use the
EADG Site.
Permitted and Prohibited Uses
Permitted Uses. You may access and use such portions of the EADG Site for which neither
registration nor a fee is required:
to learn about events in your community.
to connect with others in your profession.
to find resources for your profession.
to post your family or community impact and inspirational art projects.
to support organizations and individuals who are doing positive things in your community.
to learn about nonprofit organizations for the purposes of evaluating them as recipients of
personal charitable donations; or
if You are an entity or governmental agency:
investigating nonprofit entities for purposes of providing goods or services to them or for
entering into other types of business relationships with them;
fulfilling Your business or organizational mission of making charitable donations to nonprofit
entities;
conducting comparative or other "best practices" research purposes;
for Your own internal business use; and
in the case of governmental agencies, performing regulatory or research functions related
to nonprofit entities.
You may download and print information from the EADG Site in connection with the
Permitted Uses. EADG reserves all rights not expressly licensed. If You desire to access or
use any Registration-Based Products, You can do so only by agreeing to the User
Agreement with respect thereto. If You desire to access or use any Fee-Based Products,
You can do so only by agreeing to the License Agreement with respect thereto. Persons or
organizations wishing to obtain access to any Fee-Based Products for more than one
subscriber must obtain an Enterprise License Agreement.
Prohibited Uses. You may not:
use the EADG Site other than as authorized by these Terms of Use;
use the EADG Site for the benefit of any third party, other than as part of a Permitted Use;
republish or distribute information from the EADG Site (including by posting same on any
other Web site);
modify information from the EADG Site except in connection with a Permitted Use;
disassemble, decode, decompile, or otherwise reverse engineer the EADG Site, including,
without limitation, any interfaces or software programs comprising the EADG Site;
take any action that would impede or interfere with the operation of the EADG Site or alter
the contents of the EADG Site, or alter or interfere with any other content, site or software
that EADG owns or controls;
directly or indirectly, change, recompile, reframe, rent, sell, distribute or publish any of the
EADG Site, any database thereon and/or any content thereon, or any portion thereof;
use any data mining, robots or similar data gathering and extraction methods with respect
to the EADG Site or any portion thereof; or
use the EADG Site directly or indirectly in competition with EADG in any way whatsoever.
Access to the EADG Site
EADG reserves the right, for any reason and without notice, in its sole discretion, to
terminate, change, suspend, or interrupt access, in whole or in part, to the EADG Site.
EADG further reserves the right to impose registration, password and other security
precautions on access to and use of the EADG Site.
Privacy Policy
You agree to the terms of our Privacy Policy, which is incorporated by reference.
Legal Notices and Proprietary Rights
You acknowledge and agree to the terms of EADG's Legal Notices, which are incorporated
by reference. You agree not to take any action that would infringe, misappropriate, or
violate EADG's intellectual property interests.
You agree not to upload or otherwise place any information on the EADG Site that would
infringe or otherwise violate anyone's intellectual property interests or other rights, or that is
false, misleading, defamatory, or otherwise contrary to law or regulation.
Due to, among other things, the possibility of human and/or mechanical error, EADG shall
not be responsible for any errors or omissions on the EADG Site. EADG makes no
representations as to the accuracy or integrity of the information contained therein,
including, without limitation, any content thereon. EADG shall not be liable for any damages
of any kind incurred as a result of the information posted on the EADG Site including,
without limitation, any content thereon.
EADG MAKES NO WARRANTY THAT THE EADG SITE IS BUG FREE OR ERROR FREE,
THAT SAME WILL OPERATE WITHOUT ANY INTERRUPTION, OR THAT USE OF SAME
WILL RESULT IN ANY PARTICULAR RESULTS. THERE ARE NO WARRANTIES AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF ANY INFORMATION OR AGAINST
INFRINGEMENT. THE EADG SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS." EADG
HAS MADE AND MAKES NO OTHER WARRANTIES, AND IT DISCLAIMS ALL WARRANTIES
EXPRESS OR IMPLIED, OR ARISING BY COURSE OF PERFORMANCE, COURSE OF
DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY
REPRESENTATIONS OR WARRANTIES RELATING TO NONINFRINGEMENT,
NONINTERFERENCE, ACCURACY, MERCHANTABILITY, TIMELINESS, PERFORMANCE,
TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR THAT ANY
INFORMATION, EFFORTS, SERVICES OR SYSTEM PROVIDED BY EADG WILL FULFILL
ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. EADG MAKES NO
REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO
THIRD PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL
LIABILITY ARISING FROM OR RELATING TO A THIRD PARTY'S SOFTWARE AND/OR
EQUIPMENT.
LIMITATIONS ON LIABILITY; INDEMNITY
IN NO EVENT SHALL EADG (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES,
SUCCESSORS AND ASSIGNS) HAVE LIABILITY FOR PUNITIVE, EXEMPLARY, INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST
DATA) ARISING IN CONNECTION WITH THESE TERMS OF USE, THE EADG SITE, ANY
DATABASE OR CONTENT THEREON OR THE USE OR INABILITY TO USE THE EADG
SITE, OR ANY DATABASE OR CONTENT THEREON, REGARDLESS OF THE LEGAL
THEORY ON WHICH SUCH DAMAGES ARE CLAIMED OR REGARDLESS OF WHETHER
EADG HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. NOT
ALL STATE LAWS ALLOW SUCH LIMITATIONS, AND YOUR RIGHTS MAY VARY.
You agree to indemnify, defend and hold harmless EADG, its affiliates, and their respective
officers, directors, employees, agents, successors, assigns, licensors, partners, joint
venturers, customers and any other person or entity involved in the creation, production
and/or distribution of the EADG Site, from and against any and all claims, liabilities, costs
and expenses (including, without limitation, attorneys' fees and expenses) incurred in
connection with or arising from any breach by You of these Terms of Use or resulting in
connection with or arising from Your use of the EADG Site.
Endorsement Disclaimer
EADG does not endorse, support, sanction, or verify the ALL information or material linked
on or accessible via the EADG Site. Unless otherwise specifically indicated, EADG does not
legally endorse and has no legal affiliation with any of the organizations mentioned, listed
in, described on or linked to via the EADG Site, and it makes no representations or
warranties whatsoever with regard to those organizations or any other organization, entity
or person.
Disclaimer Regarding Financial and Legal Advice
The information on the EADG Site is provided for educational and informational purposes
only. Such information or materials do not constitute and are not intended to provide legal,
accounting, or tax advice and should not be relied on in that respect. We suggest that You
consult an attorney, accountant, and/or financial advisor to answer any financial or legal
questions.
Classified Ads Disclaimer
EADG reserves the right to edit, categorize, revise, or refuse any classified advertisement.
In addition, EADG has the right to terminate any ad at any time for any reason.
Parties posting ads are responsible for the accuracy and content of their ads. EADG will not
be liable for any damages arising out of errors or omissions.
Termination; Equitable Remedies
EADG may terminate these Terms of Use (including Your rights hereunder) at any time,
with or without notice and with or without cause. Terms of these Terms of Use that, by their
nature, survive the termination or expiration of these Terms of Use, shall so survive.
You acknowledge and agree that any unauthorized use or disclosure by You of the EADG
Site or any infringement or violation of EADG's intellectual property rights, shall cause
EADG irreparable injury for which EADG could not be fully compensated by money
damages. You agree that, in the event of such a violation, EADG would be entitled to seek
and recover (in addition to any other available remedies) preliminary and permanent
injunctive relief without the necessity of posting bond or security, and further that EADG
would be entitled to recover from You its attorneys' fees and costs incurred in seeking and
obtaining such relief.
Dispute Resolution
These Terms of Use shall be governed and construed by the laws of the Commonwealth of
Georgia, without regard to its choice of law rules. You agree that, by entering into these
Terms of Use and accessing and/or using the EADG Site, You are transacting business in
the Commonwealth of Georgia and are subject to jurisdiction in its courts. Any legal or
equitable action arising from these Terms of Use or in connection with the EADG Site shall
be commenced and maintained in a court of competent subject matter jurisdiction within the
Commonwealth of Georgia, and You consent to personal jurisdiction and venue in any such
court. In the event it is held that jurisdiction or venue is wanting in such a court, an action
then may be commenced in any other court having proper jurisdiction under applicable
statutes and court rules. In the event of any dispute adjudicated between the parties,
whether in litigation or permitted appeal, the prevailing party shall be entitled to recover
from the party not prevailing its reasonable attorneys' fees and costs incurred in such
proceeding. The parties agree that neither may bring a claim or assert a cause of action
against the other, in any forum or manner, more than one (1) year after the cause of action
accrued, except where the party could not have reasonably discovered the wrong giving
rise to the claim within the basic facts supporting the claim within one (1) year.
Modification of These Terms of Use
EADG reserves the right, in its sole discretion, to modify, alter, or otherwise revise these
Terms of Use (as well as its User Agreement, the License Agreements to our Fee-Based
Products and the Legal Notices and Privacy Policy referenced in these Terms of Use) at
any time by posting such modified versions on the EADG Site. You agree to monitor
regularly these Terms of Use as they appear on the EADG Site. Your continued use of the
EADG Site after the posting of any modified versions shall constitute agreement to these
Terms of Use. These Terms of Use may be modified by Your agreement to any User
Agreement and/or a License Agreement or License Agreements to one or more of our
Fee-Based Products. These Terms of Use may not otherwise be modified or amended.
Notices
Except as is stated herein to the contrary, any notices to EADG must be given by postal
mail sent to EADG's headquarters as then listed on the EADG Site. Any notices to You will
be sent to the e-mail address that You provide to EADG.
Severability
Should any term of these Terms of Use be finally held by a court of competent jurisdiction
to be invalid, unenforceable, void, or otherwise contrary to law or equity, EADG and You
agree that such provision shall be automatically severed and the remainder of these Terms
of Use that can be given effect shall continue to be given effect.
Entire Agreement
Subject to the following sentence, these Terms of Use constitute the entire agreement
between EADG and You with respect to the subject matter of these Terms of Use, and
supersede all prior agreements, understandings or representations between You and
EADG with respect to the subject matter of these Terms of Use. These Terms of Use do not
supersede or alter any User Agreement and/or License Agreement to one or more of our
Fee-Based Products; and You must comply with the terms of these Terms of Use and each
such other agreement to which You have agreed or may agree in the future. In the event of
a conflict between these Terms of Use and any such other agreement to which you have
agreed or in the future agree, the terms of such other agreement shall control. These
Terms of Use may not be modified except in writing and as is permitted herein.