This Application End User License Agreement ("License," or "Terms") is a legal agreement between Edge Sportz, LLC ("Edge Sportz," or "we") and you, as the end user, or (if the end user is under 18 years of age or under the applicable age of legal majority as defined in such end user's state of residence) on behalf of such minor end user as the parent or legal guardian to the end user as the case may be (collectively, "you", "your", or "user").
This License governs your use of any and all of the applications published by Edge Sportz and any and all related documentation, updates, patches and upgrades that replace or supplement any or all of the applications in any respect and which are not distributed with a separate license (individually and/or collectively, the "Application"). This License applies to any and all Applications created or distributed by Edge Sportz.
By agreeing to this License, you agree that: (a) You are at least 18 years of age or any other legal age required to form a contract in your jurisdiction and have the right, authority, and legal capacity to enter into this License (or, if applicable, you are the parent or legal guardian of an end user who is under the applicable age of legal majority in your state and you have the right, authority and legal capacity to enter into this License on behalf of such minor end user); and (b) You have read, understand, and agree to be bound by the terms and conditions of this License with respect to yourself and any minor child authorized by you.
If you do not agree with the terms and conditions of the License, then do not download or use the Application.
Edge Sportz grants you the non-exclusive, non-transferable, non-commercial, non-sublicensable license to install, access and use one copy of the Application per Apple or Android OS device that you own or control, solely and exclusively for your personal use and as permitted by the Terms of Use for the Apple App Store and/or Google Play App Store for Android or other app store through which it is made available (collectively, the "App Stores"). All rights not specifically granted under this License are reserved to Edge Sportz and, as applicable, Edge Sportz's licensors.
All title, ownership rights and intellectual property rights in and to the Application (including but not limited to any patches and updates), are exclusively owned by Edge Sportz.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." NEITHER EDGE SPORTZ, THE APP STORES, NOR ANY OF OUR OR ITS RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES, PROMISES, OR GUARANTEES OF ANY KIND WHATSOEVER AS TO THE APPLICATION, CONTENT, THIRD PARTY SERVICES, OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.
THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES OR THIRD PARTY SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR FREE OF VIRUSES. TO THE FULLEST EXTENT PERMITTED BY YOUR LOCAL LAW, THE COMPANY PARTIES DISCLAIM ANY IMPLIED WARRANTIES INCLUDING FOR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS LICENSE.
To the fullest extent permitted by applicable law, in the event you have any basis for recovering damages arising from the Application, your exclusive remedy is to recover from the Company Parties direct damages on a per claimant basis, and the maximum liability for the Company Parties is limited to the lesser amount of any purchases incurred by you in the prior six (6) months solely in connection with the Application or fifty United States dollars ($50.00 USD).
To the fullest extent permitted by applicable law, you agree to indemnify and defend the Company Parties, and their respective licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from or in connection with:
The Company Parties reserve the right to assume, at their own expense, the exclusive defense and control of any matter subject to indemnification by you, and in such case you agree to cooperate with our defense of any claim.
You agree that a breach of this License will cause irreparable injury to Edge Sportz for which monetary damages would not be an adequate remedy. Edge Sportz shall be entitled to seek equitable relief in addition to the other remedies it may have by this License or under the applicable law without posting a bond.
The Application may allow you to access, use, or otherwise interact with content, software, features, products, platforms, and services operated or provided by companies or entities other than Edge Sportz ("Third Party Services"). If you choose to access, use, transact with, or otherwise interact with any Third Party Services, you do so at your own risk.
You are solely responsible for your dealings with third parties. We do not endorse any Third Party Services that are compatible with, or made available or marketed on or through, the Application. We do not license any intellectual property to you as part of any Third Party Services, and we are not responsible or liable to you or others for any information, content, materials, or services provided by any Third Party Services.
When you access the Application using an Apple iOS or Android-powered device, Apple Inc. or Google, LLC, respectively, will be a third-party beneficiary to this agreement. However, these third-party beneficiaries are not a party to this License and are not responsible for the provision or support of the Application.
You agree that your access to the Application using these devices shall also be subject to the usage terms set forth in the applicable third-party beneficiary's terms and conditions. You are solely responsible for any third party costs you incur to use the Application.
This License shall commence on the date you download the Application and shall continue in force for as long as you do not dispose of the Application and comply with this License. Your rights under this License will terminate automatically without notice in the event that you fail to comply with any of the terms and conditions of this License.
Upon termination of this License, you shall cease all use of the Application and destroy all copies (whether full or partial) of the Application. Edge Sportz and/or its licensors reserve the right to change, suspend, remove, or disable access to the Application or the subscription options at any time without notice. Edge Sportz shall not be liable for any loss or damage caused, directly or indirectly, by any such termination and/or suspension.
If any provision of this License is declared or deemed illegal, unenforceable or invalid under applicable law, all unaffected provisions will be applied within the limits of the law. All Sections that by their nature apply after this License ends will survive any termination or cancellation of this License. Edge Sportz's failure to enforce any provision of this License shall not constitute a waiver of such provision.
Edge Sportz may assign this License, in whole or in part, at any time. You may not assign, transfer or sublicense any or all of your rights or obligations under this License without the express prior written consent of Edge Sportz.
This License shall be governed by, and construed in accordance with, the laws of the State of Minnesota, exclusive of its choice of law rules.
These terms supplement and are in addition to the terms of the License for users who purchase and/or install the Application on Apple or Google products.
This License constitutes the entire and exclusive agreement between you and Edge Sportz. Edge Sportz's failure to exercise or enforce any right or provision of this License shall not constitute a waiver of such right or provision. If for any reason any provision of this License is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect. Section titles in this License are for convenience only and have no legal or contractual effect.
Apple, the Apple iPhone, and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google and Google Play are registered trademarks of Google LLC.