Terms & Conditions of Use

Welcome to Edge4 and thank you for accessing our services. The services available on and through this website and application (the "Services" and the "Site") are provided by Edge 4, LLC.

Your use of the Services is governed by these terms and conditions (this "Agreement"). By using the Services, you agree to be bound by this Agreement, whether you are a visitor, which means that you simply browse the Site or any of its applications, or you are a user with a registered account (“Registered User”). Edge 4, LLC (E4) may at any time in its sole discretion (i) modify this Agreement and such modification shall be effective once posted to the System, (ii) change the Site, including eliminating or discontinuing any Services or other feature of the Site; and/or (iii) deny or terminate your use of and/or access to the Site.

You agree to be bound to any changes to this Agreement when you use the Services or access the Site immediately after any modification to this Agreement has been posted.

The term "User" refers to any visitor to the System or Registered User, unless provided otherwise. You are only authorized to use the Services if you agree to abide by all applicable laws and this Agreement. If you do not agree with it, you should leave the Site or any of its applications and discontinue use of the Services immediately.

If you are under eighteen (18) years of age, you further warrant and represent that you either: (I) are an emancipated minor, or (II) possess legal parental or guardian consent to enter into this agreement and use the site and services.

Your use of our Platform is also subject to our Privacy Policy.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. You agree not to use the Services or the Site to take any action(s) that, (and your continued use of the Site and Services are conditioned on not taking any action(s) that):

The entire contents of the Site are protected by copyright and trademark laws. The owner of the copyrights and trademarks are Edge 4, LLC. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. You may print and download portions of material from the Site solely for your own personal and non-commercial use provided that you agree not to remove, change, obscure or delete any copyright, proprietary or legal notices contained within the materials.

Registered User and Account

You may need to be a "registered user" in order to use some of our Services. You may create your own "Account" or your account may be assigned to you by an administrator, such as your employer or educational institution. If you are using an account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account. You shall provide accurate and truthful registration information and update registration information to keep it current. Failure to do so shall constitute a violation of the Terms of Service which may result in immediate termination of your Edge4 Account. We reserve the right, in our sole discretion, to refuse registration of or cancel a membership. You are solely responsible for activity that occurs on your account and for maintaining the confidentiality of your registration information. You are prohibited from using another user’s account. If you are aware of any unauthorized use of your account or Account-related security breach, you must immediately notify us in writing at [email protected].

You agree not to use the Services or the Site in any manner that violates or is otherwise not in accordance with the terms of the subscription package in which you are currently enrolled.

Your Content in our Services

Some of our Services allow you to submit content. For example, the selections you enter into our Services in response to assessment questions. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you submit assessment answers to our Services, you give Edge 4 a royalty-free, worldwide, perpetual license to, with a right to sublicense, use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license applies to any content you submit by any means and in any media now known or hereafter developed and continues even if you stop using our Services.

You can find more information about how Edge 4 uses and stores content in the privacy policy.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may, without prior notice, add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time. Edge 4 may also stop providing Services to you or add or create new limits to our Services at any time.

NCAA Regulations / Other Regulations.

Edge 4 is in no way affiliated with or sponsored by the NCAA. You are responsible for your own activities in connection with the Site, including your use of the Services. Accordingly, you are responsible for knowing and complying with the NCAA’s rules, regulations, and laws or other similar rules, regulations, and laws. Edge 4 is not responsible if you do not abide by NCAA Regulations (or any other similar rules or regulations) in connection with your use of the Site, and/or Services. If you act in violation of the NCAA Regulations, E4 may take reasonable steps in response, including, but not limited to, termination of your access to and use of the Site and/or reporting of such conduct to the NCAA, the authorities, or other appropriate entity. E4 does not knowingly promote any violations of NCAA Regulations (or any other similar rules or regulations).

Exclusion of Liability

These are the limits of legal liability we may have to you. TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS EDGE 4, LLC HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), E4 AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICE (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF E4 AND ITS AFFILIATES (AND THOSE THAT E4 WORKS WITH TO PROVIDE THE PLATFORM) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS ONE (1) TIMES THE MOST RECENT YEARLY FEE THAT YOU PAID FOR THE SERVICE. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND E4 AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW).

Our Warranties and Disclaimers

This is our disclaimer of legal liability for the quality, safety, or reliability of our Platform.

TO THE EXTENT ALLOWED UNDER LAW, EDGE 4, LLC AND ITS AFFILIATES (AND THOSE THAT E4 WORKS WITH TO PROVIDE THE SERVICE) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE PLATFORM WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, DO NOT GUARANTEE ATHLETIC SCHOLARSHIPS, POSITIVE OR DESIRED ATHLETIC OUTCOMES (E.G. NOT GETTING RECRUITED BY A DESIRED INSTITUION, INCREASES OR DECREASES IN ATHLETE PLAYING, NOT GETTING SCHOLARSHIP OFFERS, WINNING MORE GAMES), AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. 

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER EDGE 4, LLC, ITS SUPPLIERS OR DISTRIBUTORS OR ANY OF ITS CUSTOMERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES PROVIDED FOR THE USE OF ANY INDIVIDUAL USING OUR SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS" AND "AS AVAILABLE.".

EDGE 4, LLC DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SERVICES, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR THE SERVICE OR ON THE INTERNET GENERALLY. EDGE 4, LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Indemnification

You agree to indemnify, defend and hold harmless Edge 4, its officers, managers, employees, agents, licensors, suppliers and any third party information providers to the Site(s) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (a) your use of the Site(s) or Services; (b) any violation of this Agreement or breach of any representations and warranties herein (including negligent or wrongful conduct) by you or any other person accessing the Site(s) or using the Services; and (c) your violation of any third party right including, without limitation, any intellectual property right, publicity, confidentiality, or privacy right.

About these Terms

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Edge 4 and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

The laws of North Dakota, U.S.A., will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of North Dakota, USA, and you and Edge 4 consent to personal jurisdiction in those courts.

For additional information, please contact us at [email protected]