Last Updated : February 5, 2024
These terms of service (this “Agreement” or these “Terms”) form a binding agreement between you as a user (“you” or “your”) and us and shall be the equivalent of a written paper agreement between you and us. The effective date of this Agreement is when you accept or are deemed to accept this Agreement as discussed below.
These Terms apply to your use of our services and software provided on the Edge Platform, any services, content, communications, and product features relating to the Edge Platform and as set forth in these Terms (the “Services”).
NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND A WAIVER OF THE RIGHT TO A JURY. PLEASE REVIEW SECTION 23 BELOW BEFORE DOWNLOADING OR USING OUR SERVICES.
We reserve the right to make modifications to these Terms at any time and for any reason. Please check these Terms regularly to ensure you are aware of any modifications made by us. By continuing to access or use the Services or by clicking to accept or agree to the revised Terms after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to these Terms of Service, you must immediately stop using our services.
Platform Services: Edge provides a platform that enables Customers and Employees to connect and manage their business relationships. “Customers” are individuals and/or businesses seeking to retain Employees to provide services, and “Employees” are individuals and/or businesses seeking to provide services for Customers. Customers and Employees are hereinafter referred to as “Users.”
Subject to these Terms, we provide the Services including hosting and maintaining the Edge Platform, offering a global talent marketplace for Customers and Employees, conducting background checks, automating payroll, providing HR services, assisting with regulation and compliance issues, and more. You acknowledge that Edge does not guarantee any particular User’s offered services.
General: Subject to the terms of this Agreement, you are responsible for your use of the Services, and for any information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, logos and trade-names (collectively, the “Content”) you post to the Services, any Content you access from the Services, and for any consequences thereof.
You acknowledge and agree that Edge may collect and process your personal data in connection with your receipt of the Services. Edge shall process such personal data in accordance with Edge’s Data Processing Addendum (available at onedge.co/data-processing-addendum) which forms an integral part of these Terms.
Accounts: Some Services offered by the Company require you to create an account. If you create an account, you agree that all the information you provide will be true and accurate, and that you have the authority to create the account. You are responsible for keeping your account information secure and confidential. You agree to inform us immediately if you suspect that your account or login information has been compromised. If you provide the Company an email address as part of an account creation, the Company may furnish you with written correspondence regarding your account and/or other Edge-related material, including promotional materials.
By using our Services, you represent and warrant that you and each Authorized User:
If an individual, are at least 18 years old;
Are legally qualified to enter a binding contract with us;
Are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
Are not on any list of individuals prohibited from conducting business with the United States;
Are not prohibited by law from using our Services;
Do not have more than one account on our Services; and
Have not previously been removed from our Services by us, unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, we reserve the right to delete your account with us, to revoke all credentials held by you and any of your Authorized Users and to delete all Content uploaded by you to our Services.
In addition, your eligibility to use the Services as a Employee may require you to meet certain minimum requirements mandated by the Company. Failure to meet these minimum requirements may be grounds for the Company to deny you access to the Services as an Employee. The Company shall have sole discretion to mandate, interpret, and enforce any such minimum requirements.
Intellectual Property Ownership: To the extent permitted by applicable law, Edge shall assign all intellectual property rights such that Customer shall be the sole and exclusive owner of all right, title and interest in and to any and all materials and other deliverables provided or created by a Employee in the provision of services to Customer via the Edge Platform (“Customer IP”). Edge shall ensure that Employee, as part of its engagement by Edge and its provision of services for Customer via the Edge Platform, shall execute, in accordance with the local laws and regulations where it performs the services, an invention assignment agreement in favor of Edge in connection with the Customer IP. Subject to the terms and conditions hereof, Edge shall assign all right, title and interest in and to any Customer IP to Customer.
Except as otherwise specifically stated herein with respect to the assignment of Customer IP, Edge does not assign and expressly retains all intellectual property rights in all other Edge materials, including the Edge Platform and the Services (“Edge IP”). No User has any right, license, or authorization with respect to the Edge IP except as expressly set forth herein. All other rights in and to the Edge IP are expressly reserved by Edge. All other rights in and to the Edge IP are expressly reserved by Edge. In furtherance of the foregoing, Users hereby unconditionally and irrevocably grant to Edge an assignment of all right, title, and interest in and to the Resultant Data, including all intellectual property rights relating thereto. “Resultant Data” means data and information related to a User’s use of the Services that is used by Edge in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services.
User Content: The Services may allow you from time to time to upload Content and permit the hosting, sharing, or publishing of Content. You have sole responsibility for all Content uploaded to the Services by you. We are not responsible and make no representation or warranty concerning any Content uploaded to the Services by any third party. We reserve the right to impose restrictions on the Content you upload, including, but not limited to, the amount of Content that can be uploaded and the length or expiry period for Content. You shall be solely responsible for the Content you submit and the consequences of our posting, display, distribution, or publishing of such Content. In connection with any Content you or any of your Authorized Users submit, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by these Terms; and (ii) you have the written consent, release, or permission to use the name, image, or likeness of each individual identified in the Content.
Without limiting the foregoing, you agree that you will not transmit, submit or upload any Content to the Edge Platform and/or Services or act in any way that: (a) restricts or inhibits use of the Services; (b) imposes an unreasonably or disproportionately large load on our infrastructure; (c) violates the legal rights of others, including defaming, abuse, stalking or threatening Users; (d) infringes (or results in the infringement of) the intellectual property rights, moral rights, publicity, privacy, or other rights of any third party; (e) is (or you reasonably believe or should reasonably believe to be) stolen, illegal, counterfeit, fraudulent, pirated, violent or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules and regulations; or (g) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), material that is racially or ethnically insensitive, defamatory, harassing or threatening, pornography or obscene material, any virus, worm, trojan horse, or other harmful or disruptive component; or anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.
In connection with Content, you further agree that you will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us the necessarily rights granted in these Terms. You agree to defend, indemnify, and hold us harmless for all damage or liability we incur because of your violation of this Section.
Non-Circumvention: You acknowledge and agree that a substantial portion of the compensation we receive for providing Customers with specialized Employees comes through the fees described in Section 10, and that in exchange a substantial value to Customers is the relationships they make with Employees identified through the Services (each, an “Edge-Sourced Employee”). For 36 months from the time you retain an Edge-Sourced Employee through the Services as a Customer (the “Non-Circumvention Period”), you agree to use the Edge Platform as your exclusive method to pay and receive services from such Edge-Sourced Employee. You shall pay to Edge an amount of $97,200.00 for each Edge-Sourced Employee who you pay or from whom you receive services during the Non-Circumvention Period in violation of this Section 8 (each, a “Non-Circumvention Breach”). The parties intend that these damages constitute compensation, and not a penalty. The parties acknowledge and agree that Edge’s harm caused by a Non-Circumvention Breach would be impossible or very difficult to accurately estimate, and that the liquidated damages are a reasonable estimate of the anticipated or actual harm that might arise from a Non-Circumvention Breach. Your payment of the liquidated damages is your sole liability and entire obligation and Edge’s exclusive remedy for any Non-Circumvention Breach. You acknowledge and agree that in the event of a Non-Circumvention Breach, and after giving ten days written notice to you, Edge Group may charge all funds and liquidated damages due hereunder against any one of your payment methods held on file.
Compliance with Laws: You agree to use the Services only for lawful purposes, and to conduct your business and any transaction that uses the Services, in accordance with all applicable laws and regulations, including all federal and state laws and regulations relating to taxes, banking, money laundering, securities and counterterrorism. You will not use the Services for any fraudulent or illegal activity.
Fees; Payment Processing: In general, we make money by charging fees to Users relating to use of our Services. The amount of our fees and charges may be disclosed on the appropriate page on the Edge Platform summarizing the transaction and requiring your authorization before proceeding or through a separate written agreement with you. By using our Services, you agree to pay all fees. Subject to applicable law and as authorized by our agreements with you, we reserve the right to adjust our pricing and fees at any time. All payments will be processed through third-party payment processors. We use Stripe, Inc. (“Stripe”) as a third-party payment processor and may use other sub-processors.
Your License to the Services: Subject to your payment of applicable fees and continued compliance with this Agreement and any separate agreements we may have with you, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access the Services as authorized in these Terms. Except for the limited license to access the Services identified in the preceding paragraph, you acknowledge that nothing contained in these Terms shall be construed as granting or conferring to you, by implication, estoppel or otherwise, any right, title, or interest to any intellectual property of the Company, our third-party service providers or any other third party, including any (i) inventions (whether patentable or not in any country), patents, patent applications, invention disclosures, improvements, trade secrets, proprietary information, know how, information, or technical data; (ii) copyright protected works, copyright registrations, mask works, mask work registrations or applications in the United States or any foreign country; (iii) trademarks, trademark registrations, service marks, logos or applications therefor in the United States or any foreign country; (iv) trade secrets; or (v) any other tangible or intangible proprietary rights anywhere in the world.
Restrictions On Use: You agree that you will not:
distribute the Services for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the Services by way of the press or media or through any commercial network, cable or satellite system;
create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Services in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise;
permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third party to access the Services;
probe, scan or test the vulnerability of the Services and any system or network;
breach or otherwise circumvent any security or authentication measures;
access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you have not been invited to;
access, search, or create accounts for the Services by any means other than our publicly supported interfaces;
promote or advertise products or services other than your own without appropriate authorization;
circumvent storage space, usage, or transaction limits for improper means, including attempting to circumvent our fees;
publish or share materials that are unlawful or indecent, or that contain extreme acts of violence or terrorist activity;
advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
harass or abuse our personnel or representatives or agents performing services on behalf of the Company;
store, publish or share material that is fraudulent, defamatory, or misleading; or
violate the law in any way.
License Grant to Your Content: Except for your non-public personal information, you hereby grant to the Company the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to use, display, reproduce and store any Content or other information you provide on or through the Services or which is sent to the Company by email or other correspondence. The Company shall not be obligated to provide you compensation of any sort for such license. The Company is not subject to any obligations of confidentiality regarding any such Content or information unless specifically agreed to by the Company in writing or required by law. You represent and warrant that you have the right to grant the license set out above.
Suspension of Transactions and Services: Without limiting our ability to terminate under this Agreement or our right to change, modify, suspend or discontinue the Services at any time as set forth elsewhere in these Terms, we also reserve the right to cancel or suspend transactions and/or our Services due to fraud or compliance-related concerns.
Third-Party Links and Services: Our Services may contain links to other websites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such websites, and when you access such websites, you are doing so at your own risk. In providing links to the other websites, the Company is in no way acting as a publisher or disseminator of the material contained on those other websites and does not seek to monitor or control such websites. A link to another website should not be construed to mean that the Company is affiliated or associated with same.
The Company does not recommend or endorse any of the content, including without limitation any hyperlinks to, or content found, on other websites. The mention of another party or its product or service on the Edge Platform should not be construed as an endorsement of that party or its product or service. The Company will not be responsible for any damages you or any third party may suffer because of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize the Company to make, or for any errors or any changes made to any transmitted, stored or received information.
Feedback: If you or any of your employees or Authorized Users sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including, without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to use such Feedback and any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, without any attribution or compensation to any party, although we are not required to use any Feedback.
Indemnity: Except as expressly provided in a separate agreement, you agree to indemnify, defend and hold harmless the Company, its agents, suppliers, licensors, affiliates and their respective directors, officers and employees (collectively, the “Indemnified Parties”) against all losses, liabilities, suits, claims, actions, costs, damages and expenses (including, without limitation, reasonable attorneys’ fees and expenses) sustained, incurred or paid by any Indemnified Party directly or indirectly resulting from, arising out of, relating to or in connection with:
(i) violation of these Terms by you, any Authorized User or other person using your account or credentials;
(ii) your or any Authorized User’s access to or use of the Services,
(iii) any information used, stored, or transmitted in connection with your account or credentials;
(iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights, by you, any Authorized User or anyone using your account or credentials; or
(v) violation of any law, regulation, or other legal requirement. This paragraph is intended to be applicable to the maximum extent allowed by law.
Limitations on Liability.
NO WARRANTIES: EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE AGREEMENT WITH YOU, THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
NO SPECIAL DAMAGES: NO SPECIAL DAMAGES. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
ADDITIONAL LIMITATION: ADDITIONAL LIMITATION. IN NO EVENT WILL COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THE SERVICES; ANY OTHER WEBSITES ACCESSED TO OR FROM THE SERVICES; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
AGGREGATE LIABILITY: AGGREGATE LIABILITY. IN NO CASE WILL THE COMPANY'S, ITS AFFILIATES', AGENTS', LICENSORS', SUPPLIERS' AND THEIR RESPECTIVE DIRECTORS', OFFICERS' AND EMPLOYEES' CUMULATIVE TOTAL LIABILITY FOR ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) ARISING UNDER OR RELATING TO THE SERVICES BE MORE THAN THE VALUE OF THE FEES ACTUALLY PAID TO US BY YOU DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
Term and Termination:
We may, at any time and in its sole discretion, without prior notice, and without any liability to you, modify or discontinue any portion of our Services, either temporarily or permanently.
At any time and in our sole discretion, without prior notice, and without any liability to you, we may (i) cancel or deactivate your account; or (ii) temporarily or permanently, suspend, restrict, or terminate access to any or all of Services for any reason or for no reason. We are under no obligations to disclose its reason for any termination or suspension of the Service to you or generally.
In the event of any termination of this Agreement, discontinuation of all Services, or termination of your right to access all Services: (i) all fees and amounts payable to us by you shall immediately become due, (ii) we may delete any of your User data without any liability to you, provided that we also reserve the right to retain your User data for seven (7) years following termination; and (iii) we may cancel any open transactions that are pending at the time of the termination of your right to access all Services or discontinuation of the Services. We reserve the right to retain aggregated anonymized User data for longer to improve Services, prevent fraud and produce aggregated statistics.
The provisions of these Terms relating to indemnification, our limitations of liability and disclaimers, your warranties and any other provisions which by their terms should reasonably survive termination, shall survive termination of the Services or this Agreement.
Disclaimers: Edge is not a law firm, and is not permitted to engage in the practice of law. Edge employees do not act as your attorney or otherwise provide legal advice to you. Any templates, forms, and other sample documents available to you on Edge are made available to you for informational purposes only and are not a substitute for the advice of an attorney, and may not be relied upon by you in any manner whatsoever with regard to the legality or sufficiency of such materials for your situation or needs.
Any information we provide is comprised of a compilation of frequently encountered legal and compliance issues generally applicable to engagements between Employees and Customers, and is not intended to be comprehensive of matters specific to your circumstances. At no time do we review your contracts, templates, forms, or other documents or the information you input for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation or needs.
Edge and the Services are not a substitute for the advice of an attorney. Although Edge takes every reasonable effort to ensure that the information and documents on the Edge Platform are up-to-date and reflect our best understanding of compliance matters related to engagements with independent contractors, the information on the Edge Platform is not legal advice and is not guaranteed to be correct, complete or up-to-date. Because the law changes rapidly, varies from jurisdiction to jurisdiction, and is also subject to varying interpretations by different courts and certain government and administrative bodies, Edge cannot guarantee that all the information on the Edge Platform is accurate, up-to-date, complete or sufficient for your specific legal or compliance needs.
Separate Agreement: From time to time, we may enter into separate agreements to govern your use of the Services. Where the terms of such separate agreement(s) conflict with these Terms, those terms will prevail, but only to the extent they conflict.
Notices: We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the applicable Edge Platform, account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number, SMS or text message or physical address you provided us. Such notice to you will be deemed received and effective upon receipt or twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice. If we choose to notify you through electronic communication, you agree to receive such communications, including but not limited to our applicable policies, statements, reports, invoices, receipts, disclosures, legal or regulatory statements or documents via electronic delivery.
Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF, AND REQUIRES YOU ARBITRATE DISPUTES WITH US. If you have a dispute with us, we will first seek to resolve such a dispute through our support team.
Except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of intellectual property, copyrights, trademarks, trade names, logos, trade secrets or patents, any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, will be determined by binding arbitration. The location of the arbitration will be determined by Edge to be in either (i) the state of your residence or (ii) the county and state of our chosen legal counsel at the time of the dispute. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Disputes will not be resolved in any other forum or venue. You agree that any arbitration will be conducted by a sole arbitrator. Pre-arbitration discovery will be limited to the greatest extent provided by the rules of AAA, the arbitration award will not include factual findings or conclusions of law, and no punitive damages will be awarded. Notwithstanding any other rules, no arbitration proceeding brought against Edge will be consolidated with any other arbitration proceeding without Edge’s written consent. Judgment may be entered upon any award granted in any arbitration in any court of competent jurisdiction in the county and state in which Edge maintains its principal office at the time the award is rendered, in the county and state where Edge is organized or incorporated or in any other court having jurisdiction. The arbitrator will, in the award, allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, against the party who did not prevail.
NOTICE: BOTH YOU AND EDGE ARE AGREEING TO HAVE ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT DECIDED BY NEUTRAL BINDING ARBITRATION AND ARE GIVING UP ANY RIGHTS IT MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL. BY AGREEING TO THIS ARBITRATION AGREEMENT, BOTH YOU AND EDGE ARE GIVING UP THEIR RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL EXCEPT TO THE EXTENT THAT THEY ARE SPECIFICALLY PROVIDED FOR UNDER THIS AGREEMENT. BY AGREEING TO ARBITRATION, YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. IF ANY PARTY REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THAT PARTY MAY BE COMPELLED TO ARBITRATE UNDER FEDERAL OR STATE LAW. THIS ARBITRATION AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS TO THE EXTENT APPLICABLE, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. BOTH YOU AND EDGE CONFIRM THEIR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
Governing law: This Agreement shall be governed pursuant to the laws of the State of California, USA, without regard to principles of conflict of laws. you agree that Edge may initiate a proceeding related to the enforcement or validity of Edge’s intellectual property rights in any court having jurisdiction. With respect to any proceeding that is not subject to arbitration under this Agreement or policies incorporated herein, you agree that any proceedings shall be in the federal or state courts located in Washington. You waive any objection to venue and to submit to personal jurisdiction in any such courts.
Interpretation: The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
Entire Agreement: This Agreement as it may be amended from time to time in accordance with these Terms, and all other legal notices and policies on this website, constitutes the entire agreement between you and the Company with respect to the use of the Services.
Amendment and Waiver: The Company reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this website You are responsible for periodically reviewing the amendments on this website, and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using this website. Access to this website or use of the Edge Platform after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Severability: Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
Inurement: This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
Assignment: You shall not assign or transfer any of your rights or obligations under this Agreement without our prior written consent, which we may withhold at our sole and absolute discretion. Any actual or attempted assignment hereof by you contrary to the terms of this Agreement shall be null and void. We may, at our discretion, assign some or all our rights or obligations to a third party, without your consent or approval. If we are acquired by, sold to, or merged with a third-party entity, we reserve the right to transfer or assign all your User data as part of such merger, acquisition, sale, or change of control.
Support: Please direct questions, complaints, or issues to [email protected]