Terms and Conditions
Welcome to the New Edge Solutions, LLC’s (“New Edge”, “we”, “us” and “our”) online website (including all content and functionality available through the www.bucket.io domain name, the “Site” or “Services”). This Terms of Service (the “Agreement”) applies to your use of the Site. Please read this Agreement carefully before using the Site.
TERMS AND LIMITATIONS.
Proprietary Rights. The entire contents displayed on the Site (the “Content”) have copyrighted protection as a collective work under the laws of the United States and other copyright laws. We are the sole exclusive owner of the Content. There may be collective work that is the property of other third parties and such collective work is also protected by copyright and other intellectual property laws. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the Site only for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Site. You agree not to use any New Edge logo or any other proprietary graphic or trademark without our express written consent. As between the parties, title, ownership rights, and intellectual property rights in the Content, and any copies or portions thereof, shall remain in New Edge and/or its content providers. Third-party trademarks, service marks and logos contained in the Site are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved.
Grant of Limited License. Your access to the Site is licensed and not sold. Subject to the terms of this Agreement, you are hereby granted a revocable, non-exclusive, non-transferable account enabling you to access and use the Site. All Content that is made available to view and/or download in connection with the Site is owned by and is the copyrighted work of New Edge and/or our suppliers and is licensed, not sold. Except as permitted by us in a separate written agreement, you do not have the right to lend, lease, rent or sublicense the Site and/or the Content. Your use of the Site (along with any documentation, text, software, photos, video, graphics, and music, sound or other multimedia files that might accompany it (collectively, “Site Material”)) is governed by the terms of this Agreement. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. You are not permitted, directly or indirectly, and the foregoing license grant does NOT include the right for you to (a) publish, publicly perform or display, or distribute to any third party any Site Materials, including reproduction on any computer network or broadcast or publications media; (b) market, sell or make commercial use of the Site or any Site Material; (c) systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (d) make derivative uses of the Site or the Site Material; or (e) use, frame or utilize framing techniques to enclose any portion of the Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).
(a) You are not permitted, directly or indirectly, to (i) copy the Site Material, Content or Submitted Content or engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining our express written consent and/or the copyright owner; (ii) distribute, display, rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content or Site Material, in whole or in part; or (iii) remove any proprietary notices or labels on the Content.
(b) You warrant, represent and agree that you will not use the Site or contribute Submitted Content (as defined herein) in a manner that (i) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) you should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, or misleading or otherwise objectionable; (iv) adversely affects or reflects negatively on our goodwill, name or reputation or causes duress, distress or discomfort to New Edge or anyone else, or discourages any person, firm or enterprise from using all or any portion, feature, or function of the Site, or from advertising, liking or becoming a supplier to use in connection with the Site; (v) send or result in the transmission or junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”; (vi) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horse, spyware, or other potentially harmful programs or other material or information; (vii) falsely report to an employee or agent of New Edge; (viii) circumvent, disable or otherwise interfere with security-related features of the Site or its features that prevent or restrict use or copying of any content; (ix) intercept or attempt to intercept email or other private communications not intended for you; and/or (x) causes the Site to be used for commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Site or web pages; (xi) upload files that contain a virus or corrupted data; (xii) use the Site in a manner that adversely affects the availability of its resources to other Users; (xiii) cause repeated disruptive incidents; (xiv) act, or fail to act, in your use of the Site, in a manner that is contrary to applicable law or regulation; and (xv) distribute in any medium any part of the Site without our prior written consent.
(c) You further represent and warrant that (i) you will not post or transmit any message, data, image or program which is indecent, obscene or pornographic; (ii) you will not use the Site to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; and (iii) you will not delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to the Site. While it is not the intent of New Edge to discourage you from reporting problems about the Services, nonetheless, New Edge reserves the right to take such action as it deems appropriate and/or to remove any content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if New Edge is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
Submitted Content. You are solely responsible for the information, and other content including video content and textual content that you upload, publish or display (hereinafter, “post”) to public areas of Site (such as bulletin boards (“BBSs”), forums and chat rooms)(collectively, the “Submitted Content”). You represent and warrant that each time you upload Submitted Content on the Site, you own or otherwise control the rights or have the necessary consents to upload or post such Submitted Content and to enable inclusion and use of the Submitted Content in the manner contemplated by the Site. You understand the Site is available to the public. Therefore, any information you consider confidential should not be posted to the Site. By posting Submitted Content, you agree that New Edge may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action arising from any Submitted Content posting by you. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by New Edge. New Edge cannot and does not screen content provided by you to the Site or through the Services. Notwithstanding the foregoing, New Edge reserves the right to monitor content on the Site and to remove content, which New Edge, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or New Edge’ operating policies for Users. You may send and receive electronic mail (“email”), engage in conferences and chats, download and upload files and otherwise use Site as permitted by this Agreement, New Edge operating policies and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the Site area where you’re uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). New Edge operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, BBSs and other matters are available online on the Site. New Edge reserves the right in its sole discretion to change such policies at any time. Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.
License Grant. By posting any Submitted Content on publicly accessible locations on the Site, you automatically grant (or warrant that the owner of such content has expressly granted) to New Edge a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Site, alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses. You agree that you shall have no recourse against New Edge for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. You hereby agree to also grant each User a non-exclusive license to access your Submitted Content through the Site, and to use, reproduce, distribute, display and perform such Submitted Content as permitted through the functionality of the Site and under this Agreement. You further acknowledge and agree that no compensation will be paid with respect to the use of your comments, as provided herein, that New Edge may remove any comment at any time in its sole discretion. Further, when you post any Submitted Content on the Site, you authorize and direct New Edge to make such copies thereof as New Edge deems necessary in order to facilitate the posting and storage of such content on the Site. You may remove any Submitted Content you post from the Site at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire, however you acknowledge that New Edge may retain archived copies of the Submitted Content.
OPERATION. We reserve complete and sole discretion with respect to the operation of the Site. We may, among other things: (a) delete email or private messages if it has not been accessed by a User within the time established by our policies; (b) subject to Section 1, make available to third parties information relating to the Users; and (c) withdraw, suspend or discontinue any functionality or feature of the Site. New Edge will not review the contents of email or private messages except as required or allowed by applicable law or legal process.
CONDITIONS GOVERNING SUBSCRIPTIONS.
New Edge offers subscriptions to a number of different tiers, all within the core product offering. These TOU govern all of our subscriptions, and we reserve the right to add, change or remove subscription products and tiers at any time.
By using this Site you agree to the pricing and payment terms presented to you at the time you signed up for any of our Services on the Sites, as a subscriber.
You are solely responsible for canceling your account including but not limited to taking action to cancel your account prior to renewal if you don’t want your trial or subscription to auto-renew. As a reminder, depending on the renewal term you chose during the signup process, subscriptions can recur every 30 days or on an annual basis.
We will automatically begin billing you the subscription fees corresponding to your subscription plan at the end of your free trial period, unless you manually cancel prior to the end of your free trial. To view your subscription plan details, you can check the Manage your plan, credit card, & invoices option on your Account Settings. Your Subscription will be renewed automatically at the end of each subscription term, without prior notice, unless we terminate it. You must cancel your subscription before it renews to avoid being billed for the next period’s subscription fees.
It is your responsibility to maintain a valid and updated credit card, for which you are an authorized user/cardholder, associated with your account. New Edge reserves the right at any time and at our sole discretion to implement fraud-protection measures including and without limitation, temporarily charging a small amount to your credit card to test validity and confirm that you are an authorized cardholder.
Your purchase and/or use of the New Edge Service may subject you to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the payment and obligation of any such taxes outside Texas within the United States are your sole and absolute responsibility. You further agree to indemnify New Edge to the extent that New Edge incurs any obligations or other liabilities in connection with such taxes.
New Edge reserves the right to quote additional fees for certain Services that may be arranged by mutual written agreement and/or paid for via invoice. If New Edge has entered into a separate invoicing relationship with you, you agree to pay all undisputed invoices within 30 days, and you agree that New Edge may charge interest of 1.5% monthly (or the highest rate permitted by law) for past due invoices. You further agree to be liable for reasonable collection costs and attorney fees resulting from New Edge’s attempt to collect on past due amounts. Should you fail to pay an invoice, New Edge reserves the right to suspend, cancel and/or delete your subscription, including any and all access to the Services and data associated with your subscription.
If the credit card you have on file with your account expires, your continued use of the Service constitutes your authorization for us to continue billing you, and you remain responsible for any uncollected amounts.
All fees and charges are nonrefundable. All billing transactions are processed in U.S. dollars and are subject to the currency conversion rate on the date of the transaction.
You may cancel your free trial or your subscription at any time. In order cancel your free trial, you must do so within your account prior to the end of the trial period. Customers must cancel their paid subscriptions by contacting customer support by emailing us at firstname.lastname@example.org; however, that alone does not guarantee cancellation. In order to protect the security of our account holders, we will need to verify the cardholder’s identity in order to complete the cancellation process.
You are not entitled to refunds under any circumstances when you cancel. There are no refunds or credits for partially used subscriptions (i.e. prorated returns or refunds), or for downgraded subscriptions during a billing period, or for any errors or omissions you may make while attempting to cancel your subscription, including failing to timely cancel your subscription before the automatic renewal date.
Immediately upon your cancellation, you will no longer have access to your account. If you log back into your account, you will be notified that further access will resume your account subscription and that acceptance of proceeding will initiate auto-renewal.
New Edge is under no obligation to provide you with a refund at any time. Cancellations during your subscription term do not entitle you to refunds, in whole or in part, including but not limited to applicable fees incurred by you upon billing such as conversion rate fluctuations, international bank transaction fees and overdraft fees.
New Edge does not accept any liability for any losses to your account features or content should you choose to downgrade your subscription.
CONTENT AND GENERAL DISCLAIMERS
General Disclaimer. THE SITE IS PROVIDED BY NEW EDGE ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS. WE CANNOT AND DO NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. WE DO NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. WE MAY CHANGE THE SITE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON. ALTHOUGH WE HAVE ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NEW EDGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT, OR BREACH OF YOUR REPRESENTATIONS CONTAINED HEREIN.
WAIVER AND RELEASE. YOU AGREE THAT NEITHER NEW EDGE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE OR THE CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT NEW EDGE SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST NEW EDGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF NEW EDGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE OR THE CONTENT.
LIABILITY LIMITATION. NOTWITHSTANDING THE ANYTHING TO THE CONTRARY HEREIN, WE WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF WE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SITE IS CONTROLLED AND OFFERED BY US FROM OUR FACILITIES IN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT NOTIFICATION. You can notify us of possible copyright infringement, and we will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:
(a) A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit us to locate the material;
(d) Your contact information, including your address, telephone number, and email;
(e) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (“DMCA”). Claims can be directed to us at email@example.com or to New Edge Solutions, LLC, 4500 Williams Dr. Ste 212-311, Georgetown, TX 78633 USA.
MISCELLANEOUS. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. You agree that any legal action or proceeding between New Edge and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Williamson County County, Texas, United States. Any cause of action or claim you may have with respect to New Edge must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provisions of this Agreement are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be solely between the parties to this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
NOTICE. New Edge may deliver notice to you under this Agreement by means of a general notice on the Site. You may give notice to New Edge at any time via electronic mail to the Site at the following address: firstname.lastname@example.org v.03S 23 may 2018