1. CONTRACTING ENTITY
Residents of Canada and all other countries, you are contracting with EDGE of Command, Inc.
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
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.
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
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
USER INFORMATION EDGE COLLECTS
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.
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.
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.
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.
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
4000 rue Saint-Ambroise
Montréal, QC H4C 2C7
5270 Boulevard Bourque
Sherbrooke, QC J1N 1H4
309 Pennsylvania Avenue
Concord, ON L0K 5R9
8001 Irvine Center Drive
Irvine, California 92618
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.
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.
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.
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: firstname.lastname@example.org
Last revised: May 1, 2014.
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