Daniel-Sacha Fradkoff

Position

In 2002, Daniel-Sacha became a founding partner and has been since a board member of Active-Advisors SA, a Swiss-based asset management company, member of GSCGI and OAR-G. He has also since 2003 been a director and partner of Alternative Consulting Corporation Ltd, a Bahamas entity, overseeing assets in excess of USD 500 million.

Daniel-Sacha previously worked in London for Talisman Asset Management and the Musketeer Hedge Fund, as well as in Paris in derivatives strategies for AIG Trading.

He received his Federal Swiss Maturity (Economics) in 1995, then pursued his studies in Political Sciences at ISTH Paris before successfully completing the Ibbotson Associates’ Asset Allocation Concepts in 2002.

Daniel-Sacha has played tennis in the Swiss National League for the last 20 years. In 2019, the team he captained and in which he played in both singles and doubles won the Swiss Champion title in the Young Senior (+35) category.

He is among the handful of people in Switzerland to have earned a double certification as a top-level Sports Manager and Tennis Coach by the Swiss Manager Association.

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TERMS OF SERVICE

Last Updated and Effective as of: June 18, 2020

This Terms of Service Agreement (the”Agreement”) governs your use of the websites, mobile applications, and other online and mobile services that link to or post this Agreement (collectively, the “Services”) that are operated by Edge Agency, Ltd. (collectively, “Company,” “we,” “our,” “us”).

THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.

Your use of the Services constitutes your acceptance of the Agreement. You must be 13 years or older to use the Services. Your acceptance of the Agreement provides you with a limited and temporary license and permission to use the software and other resources of the Services, which license and permission we may revoke at any time, as described below.

  1. Copyright Rights

We own or license all copyright rights in the text, images, photographs, video, audio, graphics, user interface, and other content provided on the Services, and the selection, coordination, and arrangement of such content (whether by us or by you), to the full extent provided under the copyright laws of the United States and other countries. Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Services for any purposes, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.

You may use the Services and the contents contained in the Services solely for your own individual non-commercial and informational purposes only. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from the Services, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent our express prior written consent.

  1. Trade and Service Mark Rights

We (or our affiliates) own all rights in the product names, company names, trade names, logos, product packaging and designs (“Trademarks”) of Edge Agency, Ltd. and such member clubs, and third parties own all Trademarks in their respective products or services, whether or not appearing in large print or with the trademark symbol. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries. You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in this Agreement, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.

  1. Changes to this Agreement

We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution set forth in Choice of Law, Arbitration and Class Action Waiver will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Services.

Unless otherwise provided in a separate written agreement between you and us, by using the Services after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive. If at any time you choose not to accept the terms of this Agreement, you will not use the Services. This Agreement applies to your use of this website or other Services that we may own or operate in the future, unless such Services provide otherwise.

  1. Access to the Services

We reserve the right to withdraw or amend the Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the all Services, to users, including registered users.

  1. Registration, Username, Password, Security

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You agree that all information you provide to register with this website or otherwise, including but not limited to through the use of any interactive features on this website, is governed by our Privacy Policy, located herein, and you consent to all actions we take with respect to your information consistent with our Privacy Policy, which is incorporated herein by reference.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of this Agreement.

  1. Modular Content

We may provide certain content, which includes graphics, text, audio, video, photographs, news, scores, or other material that is capable of being incorporated, including as a module or via an RSS feed or similar technology, into a website or other online, cable, wireless, or other service other than the Services (“Modular Content”). To the extent that we make Modular Content available, you agree to use it responsibly and consistent with this Agreement and any other rules or restrictions provided to you in connection with the Modular Content.

By using Modular Content or incorporating it within or associating it with a website or other online, cable, wireless, or other service other than the Services, you agree not to: (1) obscure our branding of the Modular Content, assert or imply ownership or authorship of the Modular Content, or facilitate another party’s assertion or implication of ownership or authorship of the Modular Content; (2) excerpt or edit the Modular Content, except as specifically permitted by us; or (3) publish, place, or utilize the Modular Content in a setting or manner in which it may be associated with content or other material that (i) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (ii) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iii) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (iv) contains or may be associated with a computer virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains any information, software or other material of a commercial nature; or (vii) contains advertising, promotions or commercial solicitations of any kind.

Although we are under no obligation to do so and assume no responsibility or liability arising from any use of Modular Content, we may monitor the web sites or other online, cable, wireless, or other services with which Modular Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Modular Content from any website or other online, cable, wireless, or other service if we or our agent request that you do so, and that you will maintain the ability to remove Modular Content from any web site or online, cable, wireless, or other service on which you cause it to be placed or with which you cause it to be affiliated. You agree that we have exclusive discretion to direct that the Modular Content be removed from websites or other online, cable, wireless, or other services at any time and for any reason, including, but not limited to, the prohibited uses of Modular Content described above; that we may implement and use protections to limit the web sites or other online, cable, wireless, or other services in conjunction with which Modular Content may be used or the manner in which Modular Content may be used; and that we may not specifically advise you of the existence or nature of these protections.

We provide Modular Content, if at all, on a voluntary basis. We expressly disclaim any obligation to provide or update Modular Content, to maintain its availability, or to ensure its accuracy.

Notwithstanding any statement to the contrary by us or by you or any third party, your use of Modular Content creates no fiduciary or contractual relationship between us and you, or between us and any third party, other than pursuant to this Agreement.

  1. Links and Third-Party Content

As part of the Services, we may provide you with convenient links to third party websites as well as content or items belonging to or originating from third parties. We are providing these links only as a convenience. These sites are not under our control and we are not responsible for the information or links you may find there. The inclusion of or linking to these links on any of our Services is not intended to imply our approval or endorsement of that site, but to simply provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals.

If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which this site only provides links.

  1. Compliance with Laws/Regulations

You are required to comply with all applicable laws and regulations in connection with your use of the Services, and such further limitations as may be set forth in any written or on-screen notice from us. By using the Services, you represent and warrant that you will not use the Services for any purpose that is either unlawful or prohibited by this Agreement. We reserve the right to disclose any information about you or your use of the Services in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.

  1. Prohibited Uses Generally

You agree not to use the Services:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms of Service;
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); and/or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm the Company or users of the website or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;
  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Services;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which any of the Services are stored, or any server, computer or database connected to the Services;
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; and/or
  • Otherwise attempt to interfere with the proper working of the Services.

10.User Content and Communications

The Services may allow users to communicate with others through real-time chats, message boards, video ratings and other features. When your account is used to submit, post, or add content to the Services (collectively, “User Content”), you agree to accept sole responsibility for, and assume all liability (including liability for claims of infringement, libel and slander) associated with, User Content, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video and photographic) therein, We do not claim ownership of User Content (expressly excluding your user data, which we collect in accordance with the Privacy Policy for the Site and expressly excluding any content created by you based on existing content we own or license (e.g., through a mash-up offering), which we retain full ownership of) . However, by submitting or posting User Content, to or through the Services, you grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive and freely sublicenseable right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display User Content anywhere, for any purpose, whether commercial or non-commercial, and in any form, media or technology now known or later developed. No compensation will be paid with respect to any use of User Content by us or our licensees. We are free to use any ideas, concepts, know-how, or techniques contained in User Content for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using User Content. We are under no obligation to maintain any User Content and may remove User Content at any time in our sole discretion.

By posting or submitting User Content to the Services, you also represent and warrant that you own or otherwise control all of the rights to such User Content, and that use of such User Content by us or any of our sublicensees will not infringe or violate the rights of any third party or any applicable law.

If you are under the age of 13, you may not submit, post, or add User Content to the Services. If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to this Agreement for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.

We reserve the right (but do not have the obligation) to review, edit, refuse to post or to remove any of User Content, in whole or in part at any time and to terminate your ability to post User Content to the Services at any time, without notice, in our sole discretion.

You agree that we may not be held responsible for User Content and that we are not obligated to monitor them. Despite your agreement that we are not required to monitor User Content, if we become aware of any User Content that we believe to violate this Agreement or to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, we may — but are not required to — act in good faith to restrict access to or availability of such User Content. We may also take steps to terminate your access to the Services or take other appropriate steps, including, without limitation, initiating or assisting in legal action. We reserve the right to modify or remove from the Services any User Content or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable or unlawful. We also reserve the right to edit user’s information or other materials for any other reason consistent with the purposes of this Agreement or the Services.

If you become aware of any content on the Services that you believe to be objectionable or to violate this Agreement, or that you believe may cause injury to yourself, us, or any third party, you should notify us of such content immediately by emailing_________________________. Even if you notify us of such content that you believe to be objectionable, you agree that we will not be obligated to take any particular steps, or any steps at all, in response to your notification. You agree that your notification under this paragraph will create no duty on our part to you or to any third party, and that we may not be held liable for any action that we take, or for our inaction, after you provide us with notification.

11.Procedure For Submitting Notices Of Intellectual Property Infringement

DMCA Notices of Copy Infringement

The Company respects the intellectual property rights of others, and takes intellectual property concerns seriously. The Company reserves the right to remove any content from its Services for any reason, including if it infringes the copyright of any person under the laws of the United States. Under the appropriate circumstances, the Company will, and expressly reserves the right to, disable and/or terminate the accounts of users who are repeat copyright infringers.

Pursuant to Title 17, United States Code, § 512(c)(2), if you believe in good faith that your copyrighted work has been reproduced and is accessible on the Services in a way that constitutes copyright infringement, please provide our DMCA Agent with a written communication containing the information set forth below:

Identification of the copyrighted work claimed to have been infringed. The Company asks that if the work is registered, please include the copyright registration number or a copy of the registration certificate; if the work is unregistered, please include a screenshot or detailed description of the work.

    1. Identification of the allegedly infringing material that is requested to be removed and where it is located on the Services. The Company asks that you provide a hyperlink to the allegedly infringing material on the Services and describe how the allegedly infringing material infringes your work.
    2. Your name, address and daytime telephone number, and an e-mail address (if available), so that we may contact you if necessary.
    3. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    4. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed.
    5. A statement acknowledging that Company may provide a copy of the submitted notice of infringement, including any contact information contained therein, to the user who posted the allegedly infringing content.
    6. An electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and to submit the statement.

Claims of copyright infringement that include the above-required information should be submitted via postal mail or e-mail to Edge Agency, Ltd.’s DMCA Agent as follows:

Edge Agency, Ltd.

c/o Salzano, Jackson & Lampert, LLP

275 Madison Avenue, 35th Floor

New York, NY 10016

(646) 863-1883
admin@sjllawoffices.com (Please include “DMCA Notice of Infringement” in the subject line).

DMCA Agent for Notices of Infringement Only: The foregoing information is provided exclusively for notifying the Company that your copyrighted or material may have been infringed. Only DMCA notices of copyright infringement will receive a response through this process. DMCA notices of infringement that do not contain all the required information (as described above) may not receive a response. If you believe your trademark is being infringed, please see the below instructions for submitting a trademark infringement notice.

NOTICES OF TRADEMARK INFRINGEMENT

The Company respects the intellectual property rights of others, and takes intellectual property concerns seriously. The Company reserves the right to remove any content from its Services for any reason, including if it infringes the trademark rights of any person under the laws of the United States. Under the appropriate circumstances, the Company will, and expressly reserves the right to, disable and/or terminate the accounts of users who are repeat trademark infringers.

If you believe in good faith that any content on the Services violates or infringes your trademark rights, please submit a Notice of Trademark Infringement to Edge Agency, Ltd.’s DMCA Agent (with the subject line “Trademark Notice”) containing the information set forth below:

Complete contact information, including first and last name, mailing address, phone number, and email address.Identification of the specific word, symbol, or phrase in which you claim trademark rights.Identification of the basis for your claim of trademark rights (e.g., federal registration, state registration), including the registration number or a copy of the registration certificate, if applicable.

    1. The country, territory, or jurisdiction in which you claim trademark rights.
    2. The category of goods and/or services for which you claim you are entitled to trademark rights.
    3. A hyperlink, screenshot, or other information reasonably sufficient to permit us to locate the material on the Services that you believe violates your trademark rights.
    4. An explanation of how you believe this content infringes your trademark.
    5. If you are not the owner of the trademark, an explanation of your relationship to the owner (e.g., attorney, authorized agent).
    6. A declaration that:
      • You have a good faith belief that use of the trademark described above, in the manner you have complained of, is not authorized by the trademark owner, its agent, or the law;
      • The information in your notice is accurate to the best of your knowledge and belief;
      • Under penalty of perjury, you are the owner of the trademark allegedly infringed, or are authorized to act on behalf of the owner of that trademark.
      • Your electronic signature or physical signature.

Claims of trademark infringement that include the above-required information should be submitted via e-mail or postal mail to Edge Agency Ltd.’s DMCA Agent as follows:

Edge Agency, Ltd.

c/o Salzano, Jackson & Lampert, LLP

275 Madison Avenue, 35th Floor

New York, NY 10016

(646) 863-1883
admin@sjllawoffices.com (Please include “DMCA Notice of Infringement” in the subject line).

Agent for Notices of Infringement Only: The foregoing information is provided exclusively for notifying the Company that your trademark may have been infringed. Only notices of trademark infringement will receive a response through this process. Notices of infringement that do not contain all the required information (as described above) may not receive a response.

IMPORTANT NOTE

Please be aware that submitting a report of intellectual property infringement is a serious matter with potential legal consequences. For example, intentionally submitting a misleading or fraudulent report may lead to liability for damages under 17 U.S.C. § 512(f), or similar laws in other countries.

Before submitting a notice of infringement, be sure to consider whether fair use or a similar exception to copyright or trademark law may apply to the use. If you are unsure whether the content you are considering reporting infringes your rights, you may wish to seek legal guidance before submitting a notice of infringement.

Do not submit a notice of infringement unless you are the owner of the copyrighted material or trademark that you believe is being infringed, or an agent authorized to act on the owner’s behalf.

12. Privacy Policy

We are committed to protecting your privacy and security and we have explained in detail the steps we take to do so in the Privacy Policy, a copy of which you should review at https://edgeinternational.com/privacy-policy/#services. You, in turn, agree and consent to the terms of the Privacy Policy by your use of the Services.

13.Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICES, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICES. WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS, AND HOURS OF OPERATION.

14.Limitation of Liability

IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE, INCLUDING ANY AGENTS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS, OR ANY WEB SITE LINKED TO OR FROM THIS SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY WEB SITE LINKED TO OR FROM THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WE RESERVE THE RIGHT TO ALTER THE CONTENT OF THE SERVICES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

THE LIMITATIONS IN THIS SECTION 14 APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00).

ANY THIRD PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE, INCLUDING ANY AGENTS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS SHALL BE DEEMED THIRD PARTY BENEFICIARIES FOR PURPOSES OF THIS SECTION 14.

15.Indemnification

Upon our request, you agree to indemnify and hold harmless us, and our subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners and employees, from and against all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to, arising out of, or in connection with: (i) any User Content that you submit, post to or transmit through the Services; (ii) your use of the Services; (iii) your online conduct in connection with the Services; (iv) your use of any Modular Content; (v) your violation of this Agreement or your violation of any rights of another; (vi) your failure to comply with any applicable laws or regulations in connection with the Services; (vii) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services; or (viii) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without the prior written consent of the Company. These obligations will survive any termination of this Agreement.

16.Choice of Law, Arbitration, and Class Action Waiver

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.

With respect to any and all disputes arising out of or relating to the Services or this Agreement (including without limitation the Privacy Policy), you and the Company agree to negotiate in good faith to achieve a mutually satisfactory resolution. If you and the Company do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

All disputes arising under this Agreement that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that the Company may seek any interim or preliminary relief from a court of competent jurisdiction in Florida necessary to protect its rights or property pending the completion of arbitration.

To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide the Company with written notice of the events or facts giving rise to the claim within one (1) year of their occurrence.

17.United States Jurisdiction

The Services are operated out of the United States of America. We do not represent that content or materials presented on the Services are appropriate (or, in some case, unavailable) for use in other locations. If you access the Services from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Services.

18.Severability and Integration

This Agreement constitutes the entire agreement between you and us and governs your use of the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This agreement may be modified only by our posting on the Services changes to this Agreement, or by a subsequent writing signed by us.

19.No Waiver

Our failure to enforce any provisions of this Agreement or to respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

20.No Professional Advice

Any information supplied by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Services, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. We make no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Services, and we will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

21.Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

22.Termination

We reserve the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Services, with or without notice and with or without cause. Termination of your access to the Services means the revocation of the limited and temporary license and permission to use the software and other resources of the Services we are granting to you under this Agreement. The provisions of this Agreement will survive the termination of your access to the Services and of this Agreement. In addition, because the license you grant to us in User Content is perpetual, termination of this agreement does not terminate our license to use User Content as described elsewhere in this Agreement.

23.Notices

At our option, we may give notices to users of the Services by posting a message on the Service, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. Any notices you give to us must be by electronic or conventional mail. Any notices you send to us by electronic mail must be sent to ___________________. Notices to us by conventional mail must be sent to: _______________________________________. Any notice by you to us will not change the terms of this Agreement unless the change is expressly accepted in writing by one of our authorized officers.

24.Violations

Please report any violations of this Agreement to ___________________.

PRIVACY POLICY

Last Updated and Effective as of: June 18, 2020

This website is operated by EDGE and its partners (collectively, “we,” “us” or “our”), who collectively constitute a data controller responsible for the processing of personal data under applicable data protection law.

This Privacy Policy (“Policy”) explains our online information practices and the kinds of information we may collect as a result of your interaction with us through the websites on which this Policy is posted, including the websites that you may access using your mobile electronic device (collectively, “Sites”) and the services provided through the Sites (“Services”). This Policy also explains how we intend to use and share that information, how we protect that information, and how you can opt out of a use or correct or change such information. 

This Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services. All individuals whose responsibilities include the Processing (as defined below) of Personal Information (as defined below) on behalf of us are expected to protect that data by adherence to this Policy. This Policy is intended to meet requirements globally, including those in North America, Europe, APAC, and other jurisdictions. “Processing” shall mean the process of a software program manipulating or extracting data from a stored file. “Personal Information” shall mean individually identifiable information about an individual collected online, including Personal Identifiable Information (“PII”), as defined below, and Other Information, as defined below. 

  1. Consent to Processing 

Our Sites are operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using our Sites, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.

  1. Protection for Children – COPPA Compliance 

The Children’s Online Privacy Protection Act (“COPPA”) imposes certain requirements upon websites and online services that are directed toward children. We are committed to protecting children’s online privacy and complying fully with COPPA. We do not collect any personally identifiable information anywhere on the Sites except where expressly stated. We believe that children should be able to use the Internet in a safe, productive and efficient manner and should be afforded the highest protection available with respect to their personal information. To that end, we only ask for adults’ personally identifiable information. We do not knowingly collect any individually identifiable information from users under the age of 13 anywhere on the Sites. If we become aware that a child under the age of 13 has submitted his or her personally identifiable information, we will delete such information immediately.

Visit http://www.ftc.gov/privacy/privacyinitiatives/childrens_educ.html for information from the Federal Trade Commission about COPPA and protecting children’s privacy online.

  1. Your California Privacy Rights 

If you are a California resident, you may request certain information once per year about our disclosure of certain categories of Personal Information during the preceding calendar year to third parties for such third parties’ own direct marketing purposes. Please send your request by email to contact@edgeinternational.com. We reserve our right not to respond to requests submitted other than to the email or mailing addresses specified in this section.

  1. Updates to this Privacy Policy

We may change this Privacy Policy at any time. Please take a look at the “LAST UPDATED” legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we make the revised Privacy Policy available on or through a Site. Your use of such Site or your submission of any information in connection with such Site following such changes means that you accept the revised Privacy Policy.

  1. Information We May Collect From You

When you use the Site, two types of information are collected: Personal Identifiable Information (“PII”) and Other Information. “Personal Identifiable Information” is information that identifies you as an individual. “Other Information” is any information that does not reveal your specific identity. Other Information is addressed separately below, under the heading “OTHER INFORMATION”.

We, and our third-party service providers, may collect PII from you including your name, address, e-mail address and/or other online contact information, phone number, financial and credit card information, personal description, photographs or images, and comments. You may, however, visit our site anonymously.

We and our third-party service providers may collect PII through the Site, for example, when you participate in various opportunities provided through the Site, such as:

  • When you purchase a product or make a request;
  • When you register for newsletters or other communications through the Site;
  • When you participate in a contest, promotion, sweepstakes, survey or other promotion through the Site;
  • When you participate in a blog or forum;
  • Entering a competition, promotion or survey;
  • Reporting a problem or requesting support for the Site.
  1. How We May Use Personal Information 

We and our third-party service providers may use Personal Information:

  • To respond to your inquiries and fulfill your requests, such as to send newsletters to you or to provide you with information about our products and services;
  • To send to you administrative information, including information regarding the Sites and changes to our terms, conditions, and policies;
  • To send to you marketing communications that we believe may be of interest to you (including, without limitation, by our third-party service providers that send email and other types of advertising, such as display advertising or sponsored advertising on the Sites or other properties, to those whose email addresses we have collected);
  • To send to you SMS text messages, if you have indicated you would like to receive them. Please keep in mind that message and data rates may apply. You should check with your mobile service provider for applicable data rates. At any time, you may text back “HELP” for further information regarding text messages, or “STOP” to unsubscribe from such messages. If additional rules are provided in connection with any specific SMS text message sign-ups, such rules shall also apply and shall control in the event that they conflict with this Privacy Policy;
  • To personalize your experience on the Site by presenting products and offers tailored to you;
  • To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully; in the event of a conflict between such rules and this Privacy Policy, such rules will govern;
  • To allow you to send messages (for example, video clips or athlete information) to a friend through the Site. By using such functionality, you are telling us that you are entitled to use and provide us with your friend’s name and email address or other online contact information;
  • For our business and commercial purposes, including but not limited to data analysis, audits, developing new products, enhancing the Site, improving our services, identifying usage trends and determining the effectiveness of promotional campaigns;
  • To advertise – to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates or athletes; (f) to protect our rights, privacy, safety or property, or that of our affiliates, our athletes, you or others; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.

We may combine PII that you submit on or through the Site with information that we collect from and about you from other online and offline sources, including from our own websites and web properties (including apps, widgets, and players) and third-party sources, which may include social media services you interact with through our Sites. We treat such combined information as Personal Information as long as it is so combined.

  1. How Personal Information May Be Disclosed 

Your Personal Information may be disclosed:

  • To our third-party service providers (and in some cases, our affiliates) who provide services such as hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery, credit card processing, auditing, and other similar services to enable them to provide such services;
  • To our affiliates, to permit them to send marketing communications to you; 
  • To unaffiliated third parties or their vendors, to permit them to send, or to cause to be sent, marketing communications to you in online and offline media;
  • To our athletes and their representatives, so that the athletes and their representatives may use this information to send to you communications (including marketing communications) that they believe may be of interest to you, including, for example, if you: (a) sign up to join the applicable athlete’s mailing list and/or to receive such athlete’s newsletters; (b) register with the applicable athlete’s website; or (c) have otherwise indicated that you would like to receive information and/or marketing communications from the applicable athlete. We do not control, and are not responsible for, athletes’ and their representatives’ use of Personal Information;
  • To third parties that sponsor contests, sweepstakes, and similar promotions;
  • To identify you to anyone to whom you send messages on or through the Site;
  • By you, on or through message boards, chat, profile pages and blogs, and other services to which you are able to post information and materials. Please note that any information and materials that you post or disclose on or through a Site will become public information, and may be available to visitors to such Site and to the general public, and may be redistributed through the Internet and other media channels where they will reach an even broader audience. We urge you to be very careful when deciding to disclose your Personal Information, or any Other Information, on or through the Site. WE ARE NOT RESPONSIBLE FOR THE USE OR DISCLOSURE OF ANY INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH ANY SITE;
  • To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceeding); 
  • To a relevant athlete who is no longer affiliated with us, if you indicated an interest in such athlete (for example, by registering with the athlete’s website); 
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates or athletes; (f) to protect our rights, privacy, safety or property, or that of our affiliates, our athletes, you or others; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.
  1. Sensitive Information

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, or trade union membership) on or through the Site or otherwise to us.

  1. Other Information We May Collect 

With regard to each of your visits to our Site(s) we may automatically collect the following information, defined as “Other Information”:

  • Technical information, including IP address, login information, geographic location information, browser type and version, time zone setting, browser plug-in types and versions, operating system, and platform;
  • Information about your visit, including the full URL clickstream to, through and from our site (including date and time);
  • Pages you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page;
  • Third-party partners may collect personal information about your online activities over time and across third-party websites or online services through your use of the Site.

Please view the “TRACKING TECHNOLOGIES” section below for details on how Other Information may be collected.

  1. How Other Information May Be Disclosed 

Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it as described in “How We May Collect Other Information” section above, as well as for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.

We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety. However, Other Information may be provided to other parties including, but not limited to, sponsors, management, partners, athletes, or agents for marketing, advertising, or other uses including:

  • Aggregate or anonymized data to advertisers and advertising networks that require the data to select and serve relevant adverts to you and others;
  • Analytics and search engine providers that assist us in the improvement and optimization of our Site such as Google Analytics Demographics and Interest Reporting, or similar analytics reporting systems. The data collected from these tools may include age, gender, and general interests. To opt out of this service please visit https://www.google.com/settings/ads.
  1. How We Protect Your Information 

We implement a variety of security measures to maintain the safety of your personal information when you submit, or access your personal information.

We offer the use of a secure server. For PII entered on a commerce site related to the Site where purchases are completed, all supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers’ database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers unless you provide us with authority to do so.

  1. Tracking Technologies 

The Site uses technologies such as pixel tags, cookies, and beacons. Pixel tags are small bits of code that provide a method of delivery information on a webpage which allow the operator of the page or a third party to collect information about the users of the page. Cookies are small text files that are stored on the browser of your computer that uniquely identify your browser and provide information to the cookie sender. 

We use cookies to help us understand and save your preferences for future visits, target and keep track of advertisements, and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. In some of our email messages, we may also use “click-through URLs” or pixel tags to determine whether the email has been opened and to measure the effectiveness of our customer communications. This data may also be used to gauge your interest in particular topics, so we can deliver a more relevant, personal and convenient user-experience.

We may use third-party advertising companies to collect data and/or serve ads when you visit our website or application. These companies may use information about your visits to this and other websites or applications in order to provide advertisements about goods and services of interest to you. Please keep in mind that your browser settings may not permit you to control the technologies utilized by these third-party companies. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit http://youronlinechoices.com or http://optout.aboutads.info/?c=2#!.

You may be able to change your browser settings to refuse cookies or to alert you of when a cookie has been placed on your browser. Check your browser for details. You can visit http://www.networkadvertising.org/choices for information on opting out of targeted advertising. 

If you do not want information collected through the use of cookies, there is a simple procedure on most devices through which the Site is accessed that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org. If you choose to decline cookies, then some or all of the features, functionality, and promotions available through the Site may not be available to you.

  1. Third-Party Links 

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites nor for any and all information that you provide to the third-party sites. Nonetheless, we seek to protect the integrity of our Site and welcome any feedback about these third-party sites.

  1. Social Media 

Our Site may include Social Media Features, such as the Facebook Like button. These Features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

You may be able to log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Site to your Facebook profile page to share with others within your network.

  1. Users of Sites in the European Economic Area 

This section of this Policy applies only if you use the Site from a country that is a Member State of the European Economic Area (“EEA”), and supplements the information in this Policy.

  1. Legal Basis for Data Processing

We process personal data for the purposes set out in this Policy, as described above. Our legal basis to process personal data includes processing that is: necessary for the performance of the contract between you and us (for example, to provide you with the services you request and to identify and authenticate you so you may use the Site); necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you and to improve the Site); and based on consent by our customers (for example, to communicate with you about our and provide you with marketing information), which may subsequently be withdrawn at any time (by using preference settings in emails or on our Sites, or emailing us as set out in the Contacting Us section) without affecting the lawfulness of processing based on consent before its withdrawal.

In some instances, you may be required to provide us with personal data for processing as described above, in order for us to be able to provide you to use all the features of the Site.

  1. International Transfers

Our sharing of your personal data in accordance with this Policy may involve transferring your data outside the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring, where required by law, at least one of the following safeguards is implemented:

  • Transferring personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
  • Using specific contracts approved by the European Commission which give personal data the same protection it has in Europe; or
  • Transferring personal data to the United States to an entity if the entity is part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the United States.

You may be entitled, in accordance with applicable law, to request a copy of relevant safeguards by contacting us as described in the “Contacting Us” section.

  1. Contacting Us 

If you have any questions about this Privacy Policy, please contact us by email at contact@edgeinternational.com.