Terms of Service

These terms of service (“Terms”) are a legal contract between you, either an individual or a single legal entity (“You” or “you”), and “EDGE of Command” (“EDGE”) that specifically operates the “Highshare” online services and “EDGE Core Client Server” for your particular country of residence (“Highshare” or “EDGE Core Client Server” or “EDGE” or “EDGE of Command”). The Terms set herein govern your use of the Highshare online services (“Services”) or EDGE Core Client Server, the Highshare website (“Site”), along with any client software distributed with this Agreement and all other software provided by EDGE of Command (“EDGE”), including any future updates or accompanying documentation (“Software”). The Software, the Site and the Services may be collectively referred to as the “Products.” By clicking the “I AGREE” or any similar type of button or command, and by the use of any Products, you are in agreement with all of these Terms and the EDGE Privacy Policy mentioned in Section 4 below. If, for any reason, you do not fully agree to these Terms or any part of the Privacy Policy, then do not click the button indicating your acceptance and refrain from using the Products. If you do agree to all of these Terms, acting as an agent on behalf of a legal entity, then you also represent the fact that you possess the authority to bind that legal entity to these Terms.

1. CONTRACTING ENTITY

Residents of Canada and all other countries, you are contracting with EDGE of Command, Inc.
CANADA:

Montreal, Quebec Office: 4000 rue Saint-Ambroise, Suite 260, Montreal, Quebec, H4C 2C7

Sherbrooke, Quebec Office: 5270 Boulevard Bourque, Sherbrooke, Quebec, J1N 1H4

Toronto, Ontario Office: 309 Pennsylvania Avenue, 2nd Floor, Concord, Ontario L0K 5R9

UNITED STATES:

Irvine, California Office: 8001 Irvine Center Drive, Suite 400, Irvine, California, USA 92618

2. ACCOUNTS & FEES

You must register with EDGE to use the Services, and also agree to keep your registration information complete, accurate and up-to-date, for as long as you continue to use the Services. If you sign-up for an account, you are also agreeing to pay the fixed subscription and variable usage-based fees, if any, for the account type you have selected and agree to any applicable account restrictions, including pre-determined quotas regarding the amount of storage available for you to use. If, at any point, you exceed any quota allocated to your account, you also agree that EDGE may restrict your ability to backup further data until you can reduce your storage usage or opt to sign-up for another type of account that offers a higher or unlimited quota. If you use a credit card for payment of fees, you authorize EDGE to automatically renew your subscription and charge the current renewal fees for that date of renewal, to the credit card associated with your account unless you notify EDGE before expiration of your current subscription, stating that you do not want to renew.

3. PASSWORDS & SECURITY

You are responsible for keeping your passwords secure, and you must agree not to disclose your passwords to any third party at any point in time. You are solely responsible for any activity occurring under your accounts and user names, including any sub-accounts. If for any reason you lose your passwords or lose the encryption keys for any of your accounts, you may not be able to access your backup data. You must always notify EDGE immediately regarding any unauthorized use of your accounts or in the event of any type of security breach related to the Service. If EDGE determines that a security breach has, in fact, occurred or is likely to occur, EDGE may suspend your accounts until you manage to change all of your user names and passwords.

4. PRIVACY POLICY

You agree that EDGE of Command’s collection, use and disclosure of your personal information, backup data or any other data is governed by EDGE of Command’s Privacy Policy.
This Privacy Policy explains all practices and policies of the EDGE of Command Corporation (“EDGE” or “EDGE of Command”) regarding the collection and security of all Personal Data supplied by users or collected by us from users of all EDGE of Command websites, includingHighshare.com, Edgeofcommand.com, Edgefranchise.com/Intranet, and the EDGE Cloud backup services (the “Service”).

EDGE defines “Personal Data” as any data from which it is practical to directly determine the identity of an individual. Any capitalized terms not defined in this Privacy Policy have the meanings given in the Service’s License and Service Agreement (the “User Agreement”). This Privacy Policy may be updated by EDGE from time to time. EDGE will provide notice of materially significant changes to the Privacy Policy by posting notice on its websites.

By registering to use this Service, you must agree (1) to comply with the terms and conditions of this Privacy Policy and (2) that EDGE may process (i.e., collect, use, etc.) the Personal Data of Users, as described in this Privacy Policy or the User Agreement. Personal Data may be processed by EDGE in the country where it was collected as well as other countries (including the United States and Canada) where laws regarding processing of Personal Data may be less severe.

By using our Services you provide us with files, information, and folders that you submit to EDGE (“your data”). You retain full ownership of your data; we do not claim ownership to any of it. These Terms do not grant us rights to your data or intellectual property with the exception of the limited rights needed to run the Services, as explained below.

HOW WE USE INFORMATION

Personal Data

We DO NOT sell or market the email addresses or other collected personal information of registered Users to third parties. We DO NOT view the files that you backup using the Service. We DO view your file system information (file extensions, sizes etc. but not your file contents) only to provide technical support. You must acknowledge and agree that EDGE may occasionally send you administrative communications with regard to your account or the Service via email.

Cookies and Passive Data Collection

EDGE uses cookie, IP address, and URL information to improve and develop the Service, in order to provide enhanced or even geographically differentiated features and service levels to Users, when possible. EDGE websites use cookies to save User screen names, session validators, also on the Users’ browsers and hard drives, in the effort to provide tailored products or services to those Users, when they become available. IP Addresses also help us diagnose network issues like congestion problems with our servers and assist EDGE in the administration and delivery of the Service to our Users.
USER INFORMATION EDGE COLLECTS

Personal Data

Once you register with EDGE and sign in to use the Service, your identity is not anonymous to EDGE.
When registering with EDGE, you will need to provide Personal Data, which may include company name, number of employees, industry, your title, city, state, country, zip code, phone number, a user name, a confirmed email address and password. When backing data up with the Service, you send us that data, additionally; you are sending file system information, including names of files and all related directories. EDGE may record your IP address whenever you submit information.

As an option, EDGE also may collect certain preferential and demographic information from you.

All information collected by EDGE is strictly utilized for the internal purposes of providing the Service, providing support to Users and to improve Services. The aggregation of any non-identifying information supplied by Users allows EDGE to better understand its User base and better improve Services. To protect your account information, always keep your password secure.

All Users may opt to remove their Personal Data from our live database by contacting EDGE and canceling their EDGE user account. Users of the Edgeofcommand.com or Edgefranchise.com/intranet Services may also cancel their user account by logging into their account, selecting My Profile, and clicking on Delete Account.

EDGE does not intentionally gather Personal Data about visitors who are under the age of 13.

Cookies and Passive Data Collection

EDGE will automatically receive and record information on our server logs from your browser, including your IP address, cookie information, and the page you request.
Users should be aware of the fact that any other websites visited before entering the EDGE websites may place Personal Data within a User’s URL during a visit to their website, and EDGE has no control over such websites or practices. Some of this information may be logged by EDGE.

Links to Third-Party Sites

EDGE websites may contain links to other sites that are not under our control. These websites have their own policies regarding privacy and you are responsible for reviewing and understanding those policies before visiting the websites. We maintain zero responsibility for any linked websites, and we provide these links strictly for the convenience and information of our own subscribers.
DISCLOSURES

EDGE Service Providers

EDGE will not disclose Personal Data to third parties, except to process credit card information for orders. However, at a future date, EDGE may need to provide users’ Personal Data to other third parties in order to deliver specific services to the User (such as hosting services or support services). All third parties will be legally required to certify they follow privacy protection equal to the one enforced by EDGE of Command. Additionally, Users will be provided with a tool to opt-out of having their Personal Data viewed by such third parties.

Legal Requirements

EDGE will not disclose Personal Data, including the data you back up with the Service, except when disclosure is necessary to comply with an enforceable government request such as a warrant
Change of Ownership

In the event of a change in ownership, or a direct merger or acquisition with any other entity, we reserve the right to transfer all of the EDGE User information, including Personal Data, to a separate secure entity. We will use reasonable efforts to notify you (by posting on our website or an email to the email address you provide upon registration) of any change in ownership, merger or acquisition of EDGE’s assets by a third party, and you may also choose to modify any of your registration information at that time.

Security

EDGE utilizes industry standard security measures in order to protect against the loss, alteration and misuse of the information under our control. We make good faith efforts to store all information collected by EDGE in a secure operating environment, one that is not available to the public, EDGE cannot guarantee complete security. While we take all reasonable steps to ensure the integrity and security of our network and operating systems, it is not possible to guarantee that our security measures will prevent third-party “crackers” from capturing this information.
Removing or Updating User Information

You may choose, at any time, to alter, correct or update the information you have submitted to EDGE by updating your account on the website. If you decide to cancel your account, your Personal Data and other information could be retained in our backup records or archive.
Privacy Complaints

If you have a complaint or dispute about privacy on an Highshare website, we respectfully ask that you first attempt to resolve the issue directly with EDGE by emailing
info@edgeofcommand.com

Contacting EDGE

Users with questions about the Privacy Policy or any of the aforementioned statements may contact EDGE of Command in the following ways:
E-Mail

info@edgeofcommand.com
Postal
Attn: Privacy Policy

4000 rue Saint-Ambroise
Suite 260
Montréal, QC H4C 2C7

OR

5270 Boulevard Bourque
Sherbrooke, QC J1N 1H4

OR

309 Pennsylvania Avenue
2nd Floor
Concord, ON L0K 5R9

OR

8001 Irvine Center Drive
Suite 400
Irvine, California 92618

Phone

Toll-free: 1-855-461-3343
Montreal: 1-514-461-3343

Revisions to this Policy

EDGE retains the right, solely at our discretion to modify, revise, or amend this policy along with our other agreements and policies at any time and in any manner. Notice of any modification, revision, or amendment of this policy will be posted on the EDGE websites, and any User’s continued use of the Service will signify agreement to any such changes.
Registration or Use of the Service Signifies Your Full Agreement to the Privacy Policy

Effective Date: May 1, 2014

5. USE OF EDGE SERVICES & SOFTWARE

Subject to these Terms, EDGE of Command will grant you, the User, a limited, non-transferable, non-exclusive and revocable license to access the EDGE Sites and use the Software and Services. Regarding the execution of our Product and its Services, you are permitted to install and use the Software form only on the specific type and number of devices that were initially specified in the then-current documentation for your User account type, as described on the Site or as specified in transaction documentation provided by EDGE or an authorized reseller. You also acknowledge that third party code may be provided with the Software and that all of the licensing terms accompanying that code will govern its legal accepted use.
You acknowledge that EDGE of Command or trusted third parties own all right, title and interest in and to the Products, this includes all accompanying intellectual property rights. Except for the license granted in these Terms, EDGE and its licensors retain all of the rights in the Products, and no implied licenses are granted to you, the User.
You must specifically agree that you will not, nor will you permit another person to:

• obscure, remove or alter any trademark, copyright or other proprietary rights notices displayed in the Software or on the Site.

• adapt, modify, translate or create derivative works from the Products;

• reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Products; or

• sublicense, lease, rent, loan, transfer or distribute any portion of the Products;

6. SHARED CONTENT

The Products may enable you to share or synchronize your files between your own devices, along with devices owned or controlled by third parties. Should you choose to use any such features, you also agree that your use of these features, including all content submitted by you, shall be at your sole responsibility and risk. You also agree that you have obtained all necessary licensees and rights to any such content. You hereby grant EDGE a worldwide and royalty-free nonexclusive license to use any such content as a part of the Services, and in relation to the Products, without compensation to you or others. EDGE fully reserves the right to refuse to post or remove any such content at any time at its sole discretion without liability or notice.

7. COMPLIANCE WITH LAWS AND ACCEPTABLE USE

As the User, you are solely responsible for all of your conduct related to the Service and any data you store or share on the Service. You specifically agree not to use EDGE Products to:

• transmit any material that is obscene or objectionable or that contains viruses or other harmful computer code or files such as Trojan horses, worms or time bombs.

• infringe the intellectual property or other rights of third parties;

• violate any laws or regulations;

8. INTELLECTUAL PROPERTY PROTECTION

EDGE respects the intellectual property of others and requires that users of the Service do the same. When using the Products, you may not store, upload, share, post, display, e-mail, transmit or otherwise make available any material that could possibly infringe upon any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. If you commit repeated violations while using the Site, Services or Software, EDGE may terminate your accounts.
9. USER INDEMNITY

You agree to indemnify, defend, and hold EDGE, its partners, suppliers, resellers and their respective affiliates harmless from and against any claims, damages, liabilities, losses and expenses, including justifiable attorney fees and related costs, in connection with:
• your use of the Products, Site, Services or Software;

• your violation of these Terms;

• your violation of any third party right, including any intellectual property right; or

• any claim that the use of your data caused damage to any third party.This indemnity obligation is a commitment that will survive the expiration or termination of your account and these Terms.

10. CHANGES TO THE SERVICE AND TERMS

EDGE reserves the right at any time to discontinue, modify or suspend providing the Service, in part or in whole. In the event EDGE foresees that any such action may significantly affect your use of the Service in a negative way, EDGE will strive to provide you with advance notice by e-mail, an in-client message or by posting relevant information on the Site.

client message or by posting relevant information on the Site.

EDGE reserves the right to alter these Terms at any time, and each particular modification will be effective upon posting on the Site. All material modifications will only apply prospectively. Your continued use of any EDGE Products (Site, Services or Software) following any such modification, constitutes your full agreement to be bound by the modified Terms. To remain informed of any changes, review the most current version of these Terms posted on the Site. If, for any reason, you do not fully agree to be bound by these Terms, you must discontinue your use of the Products (Site, Services or Software) immediately.

11. TERM & TERMINATION

These Terms, and all posted revisions, remain in full effect for as long as you continue to maintain an account or use the Services. You may close your account at any time, for any reason, by following the instructions on the Site and completely discontinuing use of the Products.

If you have a Paid Account, EDGE may close your account and these Terms immediately and without notice if fail to pay any fees or invoices when due, you fail to renew your subscription, or otherwise fail to comply with these Terms.

Upon the expiration or termination of your account or these Terms, you, the User, will no longer have the legal right to continue to use the Software and the Services, additionally you will not be able to access and restore your backup data. Furthermore, you must specifically agree that EDGE is not obligated to provide you or anyone else with a copy of your backup data and may automatically remove your backup data from EDGE systems.

12. EXPORT

You fully acknowledge that use of the Products may be subject to all of the export and import laws of Canada, the United States and other countries. You also agree to fully comply with all export and import laws and regulations. Specifically, you acknowledge that the Products may not be exported or re-exported to any Canadian or U.S. embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using any of the EDGE Products, you represent and warrant that you are not on any such list or located in any such country. You also agree not to use the Products for any purposes prohibited by Canadian or U.S. law, including the design, development, production or manufacture of missiles, nuclear, chemical or biological weapons.

13. ENTIRE AGREEMENT

These Terms constitute the complete and entire agreement between you and the EDGE of Command Corporation, and fully replace any prior agreements or contracts between you and EDGE in relation to the Products. If any part of these Terms is held unenforceable or invalid, that particular portion will be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and all remaining portions will remain in full force and effect. The failure of EDGE to enforce or exercise any provision or right of these Terms will not constitute a waiver of such provision or right. You agree that, except where otherwise expressly provided in these Terms, there will be absolutely no third-party beneficiaries to this agreement. You agree that any cause of action or claim related to these Terms or the use of the Products must be filed within ONE (1) year after the cause of action arose, failure to file any claim within this time will be forever barred.

14. COUNTRY TERMS

In addition to the foregoing, your relationship with EDGE will be fully governed by the following country-specific terms, which will vary depending on your country of residence or your

B. LIMITATION OF LIABILITY

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU SPECIFICALLY AGREE THAT EDGE, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS OR IN ANY WAY RELATING TO THE PRODUCTS. IF YOU HAVE A PAID ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF EDGE, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATESFOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO THE AMOUNT PAID FOR THAT ACCOUNT DURING THE TWO (2) YEAR PERIOD BEFORE THE RELEVANT CLAIM OR TWO-HUNDRED US DOLLARS ($200), WHICHEVER IS LOWER. IF YOU HAVE A FREE ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF EDGE, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO TWENTY US DOLLARS ($20). YOU SPECIFICALLYAGREE THAT THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EDGE.

C. GENERAL

These Terms and the relationship between you and EDGE will be governed by the laws of Canada, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Montreal, Qc., to resolve any dispute or claim arising from these Terms. As to intellectual property rights, you specifically agree that EDGE may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You may not assign or transfer any of your rights or obligations under these Terms to a third party without the prior written consent of EDGE. EDGE may freely assign this Agreement.

D. CONTACTING EDGE

Users with questions about these Terms may contact EDGE via e-mail at: termsofservice@edgeofcommand.com

Last revised: May 1, 2014.

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