Privacy Policy
EMD Executive Privacy Policy
1. This agreement (also herein, this “Agreement”, also our “Privacy Policy” or “policy”) is entered into by and between “EMD Executive Enterprises, LLC” (herein the “Company”, “we”, “us” or “our”), including our legal successors and assigns, and you, the user of the website with the URL of: https://elementarymydearmd.com (“Site”). This Agreement sets forth how we use and protect any information that you give us while you are using the Site and any of our information, products and/or services, and/or while communicating with us. This Agreement also sets forth certain duties you may have as to us as you use the Site, our content and materials. The privacy of our users is very important to us. Should we ask you to provide certain information by which you can be identified when using the Site, our products and/or services, then you can be assured that such information will only be used in accordance with this Agreement. Protecting your private information is our priority. This Statement of Privacy applies to EMD Executive Enterprises LLC (Company) and http://www.elementarymydearmd.com (Site) and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to EMD Executive Enterprises LLC include http://www.elementarymydearmd.com and Company. The Company website is a business resources and information site. By using the Company website, you consent to the data practices described in this statement.
2. Regulatory Matters: Only to the extent the following statutes or rules may be applicable as to this Agreement, to us and to you, the terms of this Agreement, our standard practices and the terms of any other agreement(s) between you and the Company are intended to comply with the terms and rules of the European Union General Data Protection Regulation first effective May 25, 2018, as may be amended (the “GDPR”), and with the terms and rules established by the US Federal Trade Commission (“FTC”), as may be amended, including without limitation the Controlling the Assault of Non- Solicited Pornography And Marketing Act of 2003, as amended (“CAN-SPAM Act”) and the Children’s Online Privacy Protection Act of 1998, as amended (“COPPA”), and also with the Digital Millennium Copyright Act of 1998 of the United States, as amended, and the rules established by the World Intellectual Property Organization (“WIPO”), as amended (each of the above, a “Regulation, collectively, the “Regulations”). Both parties to this Agreement pledge their best efforts in cooperation with each other, and in their compliance with applicable Regulations, in general and as set forth in this Agreement.
GDPR / FTC NOTICE: Among other means that you may provide us for our communicating with you, you consent and agree to communicate with us via email. If at any time you would like to stop the collection or use of your information by us, you may opt out or unsubscribe by simply using the
“UNSUBSCRIBE” link or button at the bottom of any of our standard email messages to you. Keep in mind that unsubscribing or opting out in this manner may result in limitations on your use of the Site, in the ongoing receipt of our products or services, in our ability to communicate with you, or in your ability to communicate with us. See Section 11 below for more details.
3. What We May Collect: Under our standard practices we may collect the following information, which shall not be considered private information or personal data as between you and us, or as among you and us and our contractors (as defined in Section 9 below), but which shall be considered private and personal as to third parties other than our contractors:
- Contact information including names and email address(es).
- General demographic information including without limitation geographic information such as countries, states, provinces, territories, etc.
- Other information relating to your preferences and interests or that is relevant to any customer orders, surveys and/or any offers.
- Any information you may send, provide or deliver to us, either electronically or otherwise.
Collection of your Personal Information
In order to better provide you with products and services offered on our Site, Company may collect personally identifiable information, such as your:
- First and Last Name
- Mailing Address
- E-mail Address
- Phone Number
- Job Title
If you purchase Company’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future. Use of your Personal Information
Company collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Company may also use your personally identifiable information to inform you of other products or services available from Company and its affiliates.
Sharing Information with Third Parties
Company does not sell, rent or lease its customer lists to third parties.
Company may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. Company may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Company, and they are required to maintain the confidentiality of your information.
Company may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Company or the site; (b) protect and defend the rights or property of Company; and/or (c) act under exigent circumstances to protect the personal safety of users of Company, or the public.
4. What We Do Not Collect, Hold or Control: We use secure third-party payment processors for any online payments to us, and we also use secure third-party email service providers and other contractors (as defined in Section 9 below) for communicating with you. For these reasons, and for the benefit of your privacy and security, under our standard practices we do not collect, hold or control any of the following information:
- Credit card or debit card numbers, except for the last four digits of them, which may be collected by us to provide you with any refund, if available, to verify your status as an adult, and for transaction verification purposes.
- Online financial information or bank account information.
- Internet Protocol (“IP”) addresses or Media Access Control (“MAC”) addresses, which may be obtained by us only if required to do so by applicable law, Regulation, rule, administrative order, or in the event you have breached any of your duties to us under this Agreement or any other written agreement we have with you.
- Any information from persons under age 13.
- Tax identification numbers, including without limitation U.S. social security numbers or Canadian social insurance numbers, except as may be necessary for tax purposes from our affiliates that are providing us these numbers so they can receive payments from us.
By our past, present and intended future actions, on the Site or otherwise, you and we agree that we are not a “data processor”, nor are we in any way accepting the
duties or obligations of a “data processor”, as such term may be described or defined in the GDPR.
5. What We Do with the Information We Gather: We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- We may use the information to improve and customize the Site, products and/or services.
- We may periodically send you promotional emails about new products, services, special offers and/or other information we think you may find interesting using the email address which you have provided.
- We may contact you by email, online chat, social-media connections, phone, text, fax or mail, according to the contact information you have provided us and/or the way(s) you have communicated with us.
- We may use your information to send you promotional information about third parties or the Company that we think you may find interesting or useful.
5. What We Do with the Information We Gather: We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
6. Security: We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online, including our use of secure contractors (as defined in Sec. 9 below), third-party payment processors and email service providers. Any of your information collected by these secure contractors, third-party payment processors and service providers is subject to their own privacy policies, not ours. Thus, you and we agree that we will have no liability in connection with the actions or inactions of these payment processors and service providers.
7. Our Pledge to Each Other:
A. We agree that we will not sell, lend, lease or rent your information to third parties. We also agree not to share your information with third parties except as provided in this Agreement. We also may share your information under the following unusual circumstances: (i) we have your permission to do so, (ii) it is clearly probable that you have breached the terms of this Agreement or breached another agreement we may have with you, or (iii) we are required by applicable law, Regulation, rule or administrative order to do so.
B. You agree that a number of the provisions of our Terms of Use may affect your privacy. Therefore, our Terms of Use are incorporated herein by reference as a part of this Agreement. You also agree that you will uphold and respect our complete ownership of our content, trade names, trademarks, and materials.
8. How We Use Cookies:
- A “Cookie” is a small file that is usually temporarily stored on your electronic device, often by your Internet browser, and without limitation these Cookies also may be called pixels, bots, tags, code snippets, beacons, logs, log records, remarketing or retargeting protocols, or may include similar technologies (all of these foregoing are defined as “Cookies” or “cookies” here). The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
- We use traffic log cookies to identify which pages are being used on the Site. This helps us analyze data about webpage traffic and improve the Site in order to tailor it to each user’s needs. We use this information for statistical analysis purposes.
- Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your electronic device or any information about you other than the information you have elected to share with us by use of your browser and system settings.
- Also, as part of our standard practices we do not monitor or recognize (and, therefore, our systems typically do not have the capability to honor) any behavioral-advertising opt-out or do-not-track mechanisms, settings or signals, including those of your, or anyone else’s, web browser.
- You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser and other system settings to decline, modify or manage cookies, if you prefer. This may prevent or limit you from taking full advantage of our Site and/or services.
Tracking User Behavior
Company may keep track of the websites and pages our users visit within Company, in order to determine what Company services are the most popular. This data is used to deliver customized content and advertising within Company to customers whose behavior indicates that they are interested in a particular subject area.
9. Advertising and Third-party Contractors: Some of our ad networks, advertisers, social media platforms, email delivery and management service providers, payment processors or other independent third-party contractors (all “contractors” herein) occasionally serve you cookies as well. We do not have control over cookies placed by these contractors. We also may use advertising service contractors to help present advertisements on the Site and on other sites across the Internet. Our contractors also may use cookies to provide you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, to determine whether you have seen a particular advertisement before and/or to avoid sending you duplicate advertisements, or for other similar purposes. In doing so, these contractors may collect data such as your browser type, your operating system, email address(es), web pages visited, time of visits, content viewed, ads viewed, IP/MAC address(es) and other clickstream data. Also, some of our contractors may be considered “data processors” under the GDPR, as applicable, which you acknowledge and agree shall have no bearing upon our being classified as such under the GDPR. The use of cookies by our contractors is subject to their own privacy policies and legal terms, not ours. Thus, you and we agree that we will have no liability in connection with the actions or the inaction of these contractors or in connection with your actions or inaction with regard to your information that you may have provided to these contractors.
10. Links to Other Websites: Our Site may contain links to other websites of interest. However, once you have used these links to leave the Site, you should note that we do not have any control over that other website. Therefore, we shall not be responsible for the content you may encounter or other results that may occur by your visiting these external sites, nor for the protection and privacy of any information which you provide while visiting such sites and that such sites are not governed by this policy, including in the event that any of such sites happens to be owned or operated by one of our contractors. You should exercise caution and look at the legal terms and the privacy policy or agreement applicable to the website in question.
11. Opting Out, Unsubscribing and Managing Your Information with Us: You may choose to stop the collection or use of your information by us by opting out (also interchangeably described as “unsubscribing” below) at any time as provided here and above in Section 2 of this Agreement. Please note, however, if you are a subscriber of any of our paid subscriber programs, then opting out under this policy may result in a cancellation of your subscription account(s) with us, and a new subscription fee or reinstatement fee may apply if you ever want to regain access to any of our subscription programs. For this reason, if you are a subscriber of ours, we may, at our option, email you to verify (i) that you have fulfilled or are fulfilling your obligations under any agreement you may have with us, and (ii) that you do intend to cancel your subscription with us, before we close your subscription account(s). If at any time you no longer want to receive emails similar to those you are receiving from us, you may opt out or unsubscribe using the “unsubscribe” link or button at the bottom of our email messages. You hereby agree that it is your sole responsibility to properly communicate your decision to opt out in accordance with this Section and this policy. You also acknowledge that your unsubscribing from one email list owned or managed by us may not unsubscribe you from every list owned or managed by us depending on how you elected to subscribe to more than one list with us or if you subscribed using more than one email address with us. Therefore, you hereby agree that we may continue to send you correspondence if or when (i) you have subscribed to more than one list with us, or (ii) you have subscribed to one or more of our lists with more than one email address. In either or both of the above circumstances, it remains your sole responsibility to (i) unsubscribe from multiple lists of ours, and/or (ii) to unsubscribe for more than one email address you are using with us, as applicable. If at any time you believe that any information we are holding with regard to you is incorrect or incomplete, please contact us by reply email to any email we have sent to you including the words “contact info correction” in the subject line. If you choose to unsubscribe, we wish you all the best, and you’re welcome to re-subscribe at any time.
12. Minor Children, Communications & Other Privacy Matters: By using our Site, you represent the following: (1) that you are at least the age of majority (the “Age of Majority”) in your nation, territory, state or province of residence (“your Place”), and (2) that you are hereby accepting complete legal responsibility for any person in your household or who is using your electronic device who is under the age of majority in your Place, including without limitation any of your minor dependents (any such persons herein, individually and collectively, “your minors”) who may be using our Site, and (3) if any of your minors are under the age of 13 (herein, an “twelve-and-under minor”), then you also hereby agree to in no way, either directly or indirectly, provide us with any personal data or information relating to any of your minors who also is a twelve-and-under minor. You also represent that any of your minors for whom you are providing your consent herein are subject to your complete and direct supervision for their use of our Site and in any and all communications between or among the parties herein. You agree and acknowledge that any communications between or among the parties may include information that we or you consider private, and that not all electronic networks, whether online or private, are always secure. To the fullest extent allowable under applicable law or Regulation, you agree to hold us harmless for any non-intentional loss of, or access to, electronically exchanged and stored information. For us to maintain our standard practices updated in light of ongoing legal and regulatory changes, we reserve the right to make changes to this Agreement at any time without prior notice to you. You agree to review this Agreement from time to time to ensure that you are satisfied with any changes. Still, from time to time we may request that you verify, and even re-verify your intent to continue as a party to this Agreement, regarding which you pledge your best efforts to cooperate with us. This version and last update of this Agreement have been effective since the date listed at the end of this document.
13. Privacy of Sessions Booked through the Site/No Recording: Recording of sessions booked through the Site is prohibited. All information shared during a session shall be kept confidential by the Company and by you, except for your permissible use as a reference. The Company permits the discussion of material provided to you by Company with spouses and family, but not the publishing of such information on public sites or other types of distribution channels, as this puts both your privacy and the Company’s privacy at risk.
14. Payment: We take reasonable care to make our Site secure. All credit/debit card transactions made via the Site are processed using one of the following: Google (https://google.com), Patreon (https://patreon.com), Paypal (https://paypal.com), Square (https://squareup.com) or Stripe (https://stripe.com)—secure online payment gateways that encrypt your card details in a secure host environment.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Company. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Company website.
Links
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of your Personal Information
Company secures your personal information from unauthorized access, use, or disclosure. Company uses the following methods for this purpose:
- SSL Protocol
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
- Delete your personal information from our records; and
- Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
- Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
- Debug to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
- Comply with the State Electronic Communications Privacy Act;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
- Comply with an existing legal obligation; or
- Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Thirteen
Company does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
E-mail Communications
From time to time, Company may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from Company, you may opt out of such communications by clicking on the UNSUBSCRIBE button.
Changes to this Statement
Company reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
Contact Information
Company welcomes your questions or comments regarding this Statement of Privacy. If you believe that Company has not adhered to this Statement, please contact Company at:
EMD Executive Enterprises LLC
info@elementarymydearmd.com
Effective as of April 16, 2023
Agreement between User and elementarymydearmd.com
Welcome to elementarymydearmd.com. The elementarymydearmd.com website (the “Site”) is comprised of various web pages operated by EMD Executive LLC (“Company”). Elementarymydearmd.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of elementarymydearmd.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Elementarymydearmd.com is am Educational, Entertainment, Cultural and Professional Services site.
Elementarymydearmd.com is powered by the EMD Executive LLC. EMD Executive LLC seeks to help individuals and organizations optimize their purpose within their sociocultural architecture.
At times, elementarymydearmd.com may have items for sale in service to this purpose.
Electronic Communications
Visiting elementarymydearmd.com or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Company is not responsible for third party access to your account that results from theft or misappropriation of your account. Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use elementarymydearmd.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
Elementarymydearmd.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.
Certain services made available via elementarymydearmd.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the elementarymydearmd.com domain, you hereby acknowledge and consent that Company may share such information and data with any third party with whom Company has a contractual relationship to provide the requested product, service or functionality on behalf of elementarymydearmd.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use elementarymydearmd.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through WangaWoman.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/ actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EMD EXECUTIVE ENTERPRISES LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
EMD EXECUTIVE ENTERPRISES LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. EMD EXECUTIVE ENTERPRISES LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMD EXECUTIVE ENTERPRISES LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EMD EXECUTIVE ENTERPRISES LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the Site. Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Company reserves the right, in its sole discretion, to change the Terms under which elementarymydearmd.com is offered. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of our updates.
Contact Information
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