Last Updated: 6/24/2026
These website/platform Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and EDS Connective, LLC (“EDS Connective,” “we,” “us,” or “our”) governing your access to and use of the EDS Connective website (the “Site”), intake platform, and all related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY.
THESE TERMS CONTAIN A PROVISION REQUIRING YOU TO RESOLVE DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION OF THESE TERMS BEFORE YOU ACCESS OR USE THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND EDS CONNECTIVE WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ALSO AGREE THAT IOWA LAW WILL GOVERN THESE TERMS AND ANY DISPUTE THAT MAY ARISE. YOU ALSO WAIVE A RIGHT TO A JURY TRIAL. THIS ARBITRATION PROVISION LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. PLEASE REVIEW THE ARBITRATION AGREEMENT CONTAINED BELOW IN THESE TERMS OF USE.
These Terms incorporate by reference our Privacy Policy, Biometric Information Consent form, cookie consent disclosures, marketing and email consent notices, and any other policies, disclosures, or notices posted on the Site or presented to you during your use of the Services (collectively, the “Additional Agreements”). Together, these Terms and the Additional Agreements constitute the complete agreement governing your use of the Site and Services. Any dispute, claim, or cause of action arising out of or relating to the Site, the Services, or any Additional Agreement shall be governed by and subject to the dispute resolution provisions set forth in these Terms, regardless of whether the claim sounds in contract, tort, statute, or otherwise. In the event of a conflict between these Terms and an Additional Agreement on a specific subject, the Additional Agreement shall control with respect to that subject matter.
You must be at least eighteen (18) years old or the legal age of majority in the state in which you reside to use the Services and Website.
IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES OR THE WEBSITE.
ELECTRONIC AGREEMENT
By clicking “I Agree,” creating an account, or by accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. You agree that your electronic acceptance constitutes your signature for all purposes, and that these Terms constitute a binding agreement between you and EDS Connective enforceable against you. If you do not agree to these Terms, you must immediately cease all use of the Services and the Website.
The Services are available only to individuals who are at least 18 years of age. By accessing or using the Services, you represent and warrant that you are at least 18 years old. If we learn that a User is under the age of 18, we will terminate that User’s account and delete associated data in accordance with our Privacy Policy. You may use the Services for yourself or, where legally authorized, assist another individual with creating an account, completing intake materials, uploading records, communicating through the Services, or otherwise participating in the evaluation process. If you submit information or materials on behalf of another person, you represent and warrant that you have the legal authority to do so and consent to the collection, use, and disclosure of that information or other data as described in these Terms and in our Privacy Policy.
You further represent that you have the legal capacity to enter into a binding agreement and that your use of the Services does not violate any applicable law or regulation.
EDS Connective operates a virtual health platform that facilitates the evaluation and diagnosis of hypermobile Ehlers-Danlos Syndrome (“EDS”) and related hypermobility spectrum disorders. EDS Connective is a not a telehealth provider. The Services may include, but are not limited to:
EDS Connective is not a healthcare provider. The diagnostic evaluation is performed by independently licensed healthcare providers operating through a third-party telehealth platform. EDS Connective facilitates the process by collecting intake information, coordinating the telehealth encounter, and communicating results. But EDS Connective does not itself render medical diagnoses, provide medical treatment, or practice medicine. The relationship between you and the diagnosing provider is governed by a third-party telehealth platform’s terms of service and the applicable provider-patient relationship requirements.
To use certain features of the Services, you must create an account. You agree to:
We reserve the right to suspend or terminate your account if any information provided is inaccurate, incomplete, or otherwise in violation of these Terms.
By creating an account and using the Services, you consent to the collection and use of your personal information as necessary to provide the Services, as described in our Privacy Policy.
Certain uses of your data require your Separate Consent, meaning a standalone disclosure with your affirmative, opt-in agreement, before we may proceed. As described in our Privacy Policy, these include:
Each Separate Consent is independent. You may grant or withhold consent for each purpose individually, and withholding consent for one purpose will not affect your ability to use the Services or grant consent for other purposes.
If you use the photographic assessment features of the Services, you will be presented with a standalone Biometric Information Consent form prior to uploading photographs. This form will disclose the specific purpose and retention period for biometric data derived from your photographs and will require your written release. You may not use the photographic assessment features without executing this consent.
You may withdraw any Separate Consent at any time by contacting us using the information in the “Contact Us” section below or through the consent management tools available in your account settings. Withdrawal of consent does not affect the lawfulness of processing performed prior to withdrawal.
The intake process requires you to provide detailed medical history information, answer assessment questionnaires, and upload supporting documentation. You represent and warrant that all information you provide is accurate and complete to the best of your knowledge. Inaccurate or incomplete information may affect the quality or reliability of your diagnostic evaluation.
As part of the diagnostic evaluation, you may be asked to photograph your joints in specific positions to assess hypermobility. These positions may include movements such as bending, extending, or flexing joints to their range of motion.
ASSUMPTION OF RISK AND RELEASE. YOU ACKNOWLEDGE AND AGREE THAT PERFORMING THE PHYSICAL MOVEMENTS REQUIRED TO PHOTOGRAPH YOUR JOINTS, OR OTHER BODY PARTS OR PHYSICAL FEATURES, IN SPECIFIC POSITIONS CARRIES INHERENT RISKS, INCLUDING BUT NOT LIMITED TO JOINT SUBLUXATION, DISLOCATION, SOFT TISSUE INJURY, PAIN, OR EXACERBATION OF EXISTING CONDITIONS. THESE RISKS ARE PARTICULARLY RELEVANT FOR INDIVIDUALS WITH HYPERMOBILITY SPECTRUM DISORDERS AND CONNECTIVE TISSUE CONDITIONS.
BY PROCEEDING WITH THE PHOTOGRAPHIC ASSESSMENT, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH PERFORMING THE REQUIRED MOVEMENTS. YOU ACKNOWLEDGE THAT THESE ASSESSMENTS ARE TYPICALLY PERFORMED UNDER THE DIRECT, IN-PERSON SUPERVISION OF A MEDICAL PROVIDER, AND THAT PERFORMING THEM WITHOUT SUCH SUPERVISION INCREASES THE RISK OF INJURY.
YOU RELEASE AND DISCHARGE EDS CONNECTIVE, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, AND CAUSES OF ACTION ARISING FROM OR RELATED TO INJURIES SUSTAINED WHILE PERFORMING PHYSICAL MOVEMENTS FOR THE PHOTOGRAPHIC ASSESSMENT, EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
We strongly recommend that you:
These recommendations do not constitute medical advice and do not diminish the assumption of risk set forth above.
The diagnostic evaluation is conducted via a third-party telehealth platform by independently licensed healthcare providers. You acknowledge that telehealth has inherent limitations compared to in-person examination, including but not limited to:
You acknowledge and agree that:
The Services are limited to diagnostic evaluations conducted by independently licensed healthcare providers. EDS Connective does not provide treatment, prescribe medications, or manage ongoing care.Following your evaluation, you may be referred for genetic testing where indicated, and we may provide educational resources and referrals to third-party treatment providers, but these referrals do not constitute a treatment plan or medical advice.
EDS Connective may share information about, or provide referrals to, third-party individuals and organizations who provide treatment, therapy, products, and services relevant to EDS and related conditions. These referrals are provided for informational purposes only.
EDS Connective is not responsible for the acts, omissions, services, products, communications, or results of any third-party provider, partner, advisor, or affiliate. Your decision to engage with any third-party provider is solely your own, and any resulting relationship is exclusively between you and that third party.
If EDS Connective receives compensation, commission, or other consideration in connection with a referral to a third-party provider, we will disclose that material connection in accordance with the Federal Trade Commission’s Endorsement Guides and applicable law.
Your telehealth encounter may be conducted through third-party technology platforms and services that are subject to separate terms, privacy policies, and provider-patient relationship requirements. EDS Connective is not a party to the provider-patient relationship established through a third-party telehealth platform and is not responsible for the acts or omissions of providers on a third-party telehealth platform.
EDS Connective may identify medical advisors on its website or marketing materials. These individuals provide consulting guidance to EDS Connective but:
Any opinions, publications, or statements of medical advisors are their own and do not constitute representations by EDS Connective.
You may be invited to submit testimonials, reviews, videos, photos, guest blog articles, or other content (“User Content”) for publication on our Site, social media, or marketing materials. By submitting User Content, you grant EDS Connective a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, display, distribute, and create derivative works from your User Content in connection with the Services and our marketing activities.
You represent and warrant that:
You acknowledge that EDS Connective may decline to publish, or may remove, User Content that contains health claims that cannot be substantiated, that are misleading, or that could create unsubstantiated expectations for other Users regarding diagnostic outcomes.
With your Separate Consent, we may send your diagnostic results, medical records, and other information to the healthcare providers you designate. You are responsible for ensuring the accuracy of the provider contact information you submit.
We may send marketing information, educational resources, and referral information to the healthcare providers whose contact information you provide. You acknowledge that by submitting provider contact information, you are facilitating our ability to contact those providers. Such communications are subject to CAN-SPAM and applicable state law, and those providers may opt out of receiving further communications from us.
The Site, Services, and all content therein, including text, graphics, logos, software, algorithms, assessment methodologies, workflows, proprietary implementations, video and/or physical media, and the intake systems, publications of any kind, and questionnaire, are the property of EDS Connective or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws. You may not copy, reproduce, modify, distribute, or create derivative works from any portion of the Services without our prior written consent.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
Except for the license granted in Section 10.1, you retain ownership of the information, photographs, medical records, and other materials you submit through the Services. However, by submitting materials, you grant EDS Connective the rights described in our Privacy Policy and any applicable Separate Consent.
You agree not to:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EDS CONNECTIVE SHALL NOT BE LIABLE FOR: (A) ANY INCORRECT, MISSED, OR INCOMPLETE DIAGNOSIS, OR DELAYED DIAGNOSIS, FAILURE TO DIAGNOSE, MISDIAGNOSIS, OR CLINICAL DECISION MADE BY AN INDEPENDENTLY LICENSED HEALTHCARE PROVIDER. EDS CONNECTIVE DOES NOT PRACTICE MEDICINE AND IS NOT RESPONSIBLE FOR PROVIDER CLINICAL JUDGMENT; OR (B) ANY ACTS, OMISSIONS, ERRORS, PRODUCTS, SERVICES, OR TREATMENT DECISIONS OF ANY THIRD-PARTY PROVIDER, PARTNER, ADVISOR, AFFILIATE, LABORATORY, GENETIC TESTING COMPANY, OR HEALTHCARE PROVIDER TO WHOM YOU ARE REFERRED OR WITH WHOM YOUR RESULTS ARE SHARED.
IN NO EVENT SHALL EDS CONNECTIVE, ITS OFFICERS, DIRECTORS, MEMBERS, OWNERS, INVESTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF: (A) AMOUNTS YOU HAVE PAID TO EDS CONNECTIVE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITY FOR PROFESSIONAL SERVICES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SHOULD NOT RELY SOLELY ON ANY INFORMATION PROVIDED ON THE SERVICES, AS SUCH INFORMATION MAY BE INACCURATE, INCOMPLETE, OUTDATED AND/OR NOT APPLICABLE TO YOUR PARTICULAR SITUATION. WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY SUCH INFORMATION, AND YOU, THE USER, ASSUME THE SOLE RISK OF ANY USE OR RELIANCE THEREON.
YOU ACKNOWLEDGE THAT ANY ITEMS PROMOTED ON THE SERVICES AND/OR SOLD BY US ARE ACCEPTED “AS IS, WHERE IS, AND WITH ALL FAULTS.” WE MAKE NO (AND EXPRESSLY DISCLAIM ANY) EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WHATSOEVER OTHER THAN TITLE WITH RESPECT TO THE ITEM INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE ITEM IS MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU USE THE WEBSITE AND THE SERVICES AT YOUR OWN RISK. WE ASSUME NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR MALWARE OR VIRUSES THAT MAY INFECT YOUR ELECTRONIC DEVICES OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SERVICES OR THE THIRD-PARTY CONTENT. YOU ALONE ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE SERVICE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM AND YOU HEREBY WAIVE ALL OTHER WARRANTIES, GUARANTEES, OR LIABILITIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTY ARISING FROM A COURSE OF PERFORMANCE OR DEALING OR USAGE OF TRADE (ii) ANY WARRANTY AS TO THE CONDITION, DESIGN SUITABILITY, OPERATION, QUALITY OF WORKMANSHIP OR MATERIALS, OR HISTORY OR LEVEL OF USE, MAINTENANCE, SERVICE OR REPAIR, OF THE ITEM, OR (iii) ANY WARRANTY AS TO THE USE, CONDITION (INCLUDING, WITHOUT LIMITATION, THE ABSENCE THEREFROM OF LATENT, INHERENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE), QUALITY, DESCRIPTION OR SPECIFICATIONS OF THE ITEM.
TO THE EXTENT ANY LAW SPECIFICALLY APPLICABLE TO YOU PROHIBITS THE WARRANTY LIMITATIONS, DISCLAIMERS AND/OR EXCLUSIONS SET FORTH IN THESE TERMS, SUCH DISCLAIMERS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU ONLY TO THE EXTENT REQUIRED FOR US TO COMPLY WITH APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless EDS Connective, its officers, directors, members, owners, investors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
These Terms, all Additional Agreements, and any dispute arising out of or relating to the Site, the Services, or any policy, disclosure, or notice incorporated herein, are governed by the laws of the State of Iowa, without regard to conflict of law principles.
The dispute resolution provisions of this Section 17 apply to all claims, disputes, or causes of action arising out of or relating to these Terms, the Additional Agreements, the Site, the Services, or any aspect of your relationship with EDS Connective, regardless of whether the claim is based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. This includes, without limitation, claims arising under or relating to the Privacy Policy, Biometric Information Consent, cookie and tracking disclosures, marketing consent notices, or any other policy or notice posted on the Site.
ARBITRATION AGREEMENT
Plain-Language Summary: This section requires that most legal disputes between you and us be resolved through a private process called arbitration, rather than in a courtroom before a judge or jury. By agreeing to these Terms, you are giving up your right to go to court, your right to a jury trial, and your right to participate in a class action lawsuit. There is a limited exception for small claims court. Before arbitration begins, we will first try to resolve the dispute informally. This summary is provided for your convenience only and does not modify the legal terms below.
PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH US THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS ARBITRATION AGREEMENT AND VOLUNTARILY AGREE TO BE BOUND BY IT.
You and EDS Connective, LLC mutually agree that any cause of action, dispute, claim, or controversy arising out of or relating to these Terms of Use, the Services, the Website or your relationship with us, including the validity, enforceability, or scope of this Arbitration Agreement (collectively, “Disputes”), shall be resolved exclusively through final and binding arbitration, rather than in court, except as set forth below. This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and shall apply regardless of any other choice of law provisions in these Terms. You agree to submit any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your use of the Services, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or termination of these Terms, to confidential, final, and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Iowa law. ANY ARBITRATION UNDER THESE TERMS WILL BE ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO CONSOLIDATE ANY CLAIM AND/OR TO PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY WITH RESPECT TO A CLAIM THAT MAY ARISE HEREUNDER IN ANY MANNER OR FORUM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
Before commencing arbitration, you and we must personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by these Terms (an “Informal Dispute Resolution Conference”). The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference, which notice must include a description of the nature of the claim and the specific relief sought. Engaging in the Informal Dispute Resolution Conference is a condition precedent that must be fulfilled before commencing arbitration. Any statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process. If the Informal Dispute Resolution Conference does not resolve the Dispute satisfactorily within sixty (60) days of the initial notice, either party shall have the right to resolve the Dispute through binding arbitration.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to this section. The arbitration will be conducted in English.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Iowa and will be selected by the parties from the AAA roster of consumer dispute arbitrators. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. The place of arbitration shall be Des Moines, Iowa. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar technology. Any award of the arbitrator will be final and binding on you and us and may be entered as a judgment in any court of competent jurisdiction. Each party is responsible for its own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. The prevailing party shall be entitled to an award of reasonable attorney fees and related costs.
The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Small Claims Court Exception
Notwithstanding the foregoing, either party may bring an individual action in a small claims court of competent jurisdiction for Disputes that are within the jurisdictional limits of such court. If a Dispute is initiated in small claims court and subsequently transferred, removed, or appealed to a court of general jurisdiction, the Dispute shall be subject to arbitration as provided herein.
Injunctive and Declaratory Relief
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or other proprietary rights.
California Residents Only
If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.
Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EDS CONNECTIVE, LLC EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, THE WEBSITE, OR YOUR RELATIONSHIP WITH EDS CONNECTIVE, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
This Arbitration Agreement provision will survive the termination of these Terms.
The Services are operated from the United States of America. All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule (whether of the State of Iowa or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Iowa, in each case located in the City of Des Moines and County of Polk, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Any cause of action or other claim with respect to the Services, Website or the subject matter of these Terms must be commenced within one (1) year after the cause of action or claim arises.
Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or confidential information.
You may terminate your account at any time by contacting us using the information in the “Contact Us” section below or through your account settings. Termination does not relieve you of obligations incurred prior to termination.
We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to violation of these Terms, provision of false information, or conduct that we determine is harmful to other Users or to our business interests.
Upon termination, your right to access and use the Services immediately ceases. Sections of these Terms that by their nature should survive termination — including Sections 10 (User-Generated Content), 12 (Intellectual Property), 14 (Limitation of Liability), 15 (Disclaimer of Warranties), 16 (Indemnification), 17 (Dispute Resolution), and 19 (General Provisions) — shall survive any termination or expiration of these Terms. Your rights regarding data deletion and privacy are governed by our Privacy Policy and applicable law.
Entire Agreement. These Terms, together with the Privacy Policy and all Additional Agreements incorporated herein, constitute the entire agreement between you and EDS Connective regarding the Site and Services and supersede all prior agreements, understandings, and representations. No policy, disclosure, or notice posted on the Site shall create rights or obligations independent of these Terms except as expressly stated therein.
Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
Assignment. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
Notices. We may provide notices to you via email to the address associated with your account, by posting on the Site, or by other reasonable means. You may provide notices to us using the information in the “Contact Us” section below.
Force Majeure. EDS Connective shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, internet or telecommunications failures, or cyberattacks.
Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.
International Users.
The Services and Website are not intended for use outside of the United States or by users located outside of the United States. The Website is hosted on servers located in the United States and is intended to be viewed by residents of the United States. Any personal data collected by the Services and/or the Website are subject to the applicable laws and regulations of the United States.
Cooperation with Law Enforcement.
We will cooperate with law enforcement if you are suspected of having violated applicable laws or if it is required by any law, regulation, governmental authority or by court order, subpoena, civil investigative demand or other legal requirement to provide information about your use of, or access to, the Services or the Website.
We may modify these Terms at any time by posting revised Terms on the Site. If we make material changes, we will provide notice by posting a prominent notice on the Site and, where appropriate, by sending notice to your registered email address at least thirty (30) days before the changes take effect. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Services.
If you have questions or concerns regarding these Terms, please contact us at:
EDS Connective Email: privacy@edsconnective.com
EDS Connective Mailing Address: 1400 Walnut Street, Suite 108, Des Moines, Iowa 50309
