Terms of use

Reach of these terms

Edgewood Consulting Group operates this website, and the terms on this page bind everyone who uses it. Opening a page, reading it or otherwise making use of the site counts as acceptance. Should the terms not suit you, the remedy is to leave the site. Read them alongside the privacy policy, which deals with personal details.

Nature of the site

What appears here is a description of Edgewood's consulting services and of how we go about them. It is information, and only that. No page on this site constitutes an offer, a quote, or a commitment to deliver anything, and no engagement exists until a written agreement has been signed by both sides. Where the site and a signed agreement disagree, the agreement wins.

Messages from us

Edgewood writes to people in professional roles connected with the services it provides. A recipient who wants no more of those messages need only answer one of them and say so; the wording does not matter. The privacy policy sets out how recipients are chosen, what is held about them, and what happens once someone asks us to stop.

Illustrations

Every diagram, chart, dashboard, figure and worked example appearing on these pages, or in a document they link to, is there to illustrate. Unless expressly labelled otherwise it rests on sample or hypothetical data. None of it reports results obtained for a client, and none of it promises or predicts how an engagement will turn out. Outcomes depend on market conditions and on the choices of retailers and shoppers, none of which we control.

Permitted use

Lawful use, without interfering with other people's use, is the rule. Specifically, you undertake not to:

• Overload the site or the infrastructure behind it, or interrupt its operation.
• Seek entry to any area of the site, its hosting or any connected system that has not deliberately been opened to the public.
• Test the site for weaknesses, scan it, or work around a security control.
• Harvest, scrape or copy its content by automated means, or fire automated requests at it beyond what ordinary browsing involves.
• Send unsolicited communications through it, or pretend to be someone else or to have a connection with Edgewood that you lack.

Ownership

Copyright, trademark and related laws protect the words, drawings, page design, logos and other material found here, all of which are owned by Edgewood Consulting Group or licensed to it. Viewing the site and printing pages for your own business reference is permitted. Reproducing, distributing, altering, publishing or exploiting the material commercially is not, unless we have agreed in writing beforehand. Where Edgewood carries out work for a client, ownership of deliverables, models and data is fixed by the engagement agreement, and these terms say nothing about it.

Third parties

From here you can reach our main website and its contact form, and the typeface on these pages is fetched from a third-party font service. Those destinations and services are outside our control; their availability, content and practices are theirs, and their own terms and privacy notices govern your dealings with them. Linking to something is not an endorsement of it.

Warranties excluded

You take the site "as is" and "as available". So far as the law allows, every warranty is excluded, whether express, implied or statutory: merchantability, fitness for any particular purpose, title, non-infringement, accuracy, and uninterrupted or fault-free operation among them. Availability is not guaranteed and defects may go uncorrected.

The material here is general information about what Edgewood does. It is neither professional, engineering, legal, financial nor investment advice, and acting on it without advice suited to your own situation is at your own risk.

Liability

So far as the law allows, Edgewood Consulting Group, together with its principals, employees, contractors and licensors, has no liability to you for indirect, incidental, special, consequential, exemplary or punitive damages of any kind, and none for lost profits, lost revenue, lost business, lost data, lost goodwill or lost opportunities, where these flow from the site or from reliance on what it says, whatever the cause and whether or not the possibility was known to us.

Across all claims of every kind connected with the site or these terms, the ceiling on our combined liability is one hundred US dollars in total. Where a jurisdiction refuses to allow a particular exclusion or cap, our liability there is limited as far as that jurisdiction permits.

Making us whole

Where misuse of the site on your part, or a breach of these terms, brings a claim, loss, liability or cost upon Edgewood Consulting Group, you will defend us and make us whole, reasonable attorneys' fees and costs included. Edgewood may elect to conduct the defence of any such matter itself, at its own cost, with your cooperation.

Law and disputes

These terms, and every dispute connected with them or with the site, are governed by the law of the State of New Jersey, leaving aside its rules on conflict of laws.

A dispute the parties cannot settle informally is decided by binding arbitration, heard by a single arbitrator sitting in Morris County, New Jersey and administered by the American Arbitration Association, applying its rules for commercial disputes. Any court with jurisdiction may then enter judgment on the arbitrator's award. Nothing here prevents either side from asking a court for an injunction or similar relief to protect intellectual property or confidential information. Where the law of your place of residence forbids mandatory arbitration this clause gives way, and the courts sitting in Morris County, New Jersey then have exclusive jurisdiction so far as that law permits.

Remaining provisions

Should a court find any provision here invalid or unenforceable, that provision is enforced as far as it validly can be and the rest stands. Not enforcing a provision on one occasion does not surrender the right to enforce it on another. Together with the privacy policy, this page is the whole of the agreement between you and Edgewood concerning the site, superseding anything earlier on the subject. The terms may change; the current version is the one published here, dated at the top, and continuing to use the site after a change signals acceptance of it.

Reaching us

Questions about this page can come through our contact form, or by letter to Edgewood Consulting Group, 1719 State Route 10, Suite 226, Parsippany, NJ 07054. Letters take longer than the form.