Terms of Service
These Terms of Service constitute a legally binding agreement between you and EDG Athlete LLC, operating as AthleteEdge, governing your access to and use of our website, platform, and professional technical services. Please read these terms carefully before engaging with our services.
Acceptance of Terms
By accessing, browsing, or using the AthleteEdge website located at athleteedge.buzz, including all subdomains, subdirectories, and related digital properties (collectively referred to as the Website), or by engaging any of the professional technical services offered by EDG Athlete LLC (referred to as AthleteEdge, we, us, or our), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy and any other policies or guidelines referenced herein.
If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In such case, the terms you and your shall refer to that entity. If you do not have such authority, or if you do not agree with any provision of these Terms, you must not accept these Terms and may not access or use the Website or our services.
We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time. When we make material changes, we will update the effective date at the top of this page and provide reasonable notice through the Website or via email. Your continued use of the Website or our services following the posting of revised Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically for updates. If you do not agree to the revised Terms, you must discontinue use of the Website and our services immediately.
These Terms apply to all visitors, users, clients, and others who access or use the Website or our services. Additional terms and conditions, such as project-specific service agreements, statements of work, or master services agreements, may apply to specific engagements and shall be incorporated by reference where applicable.
Section 2Description of Services
AthleteEdge, a division of EDG Athlete LLC, provides computer systems design and related professional, scientific, and technical services. Our service offerings include but are not limited to systems architecture consulting, cloud infrastructure engineering, security engineering, data platform design, DevOps automation, network architecture, AI/ML infrastructure, migration and modernization services, observability engineering, compliance systems, and related technical advisory and implementation services.
The specific scope, deliverables, timeline, and pricing for any professional service engagement shall be defined in a separate written agreement, statement of work, or service proposal executed by both parties. These Terms of Service provide the general legal framework that governs all interactions with AthleteEdge, while individual service agreements define the specific commercial and technical parameters of each engagement.
We strive to provide accurate and up-to-date descriptions of our services on the Website. However, we do not warrant that any service description, capability listing, or other content on the Website is complete, current, or error-free. The capabilities and metrics displayed on our Website are for informational purposes only and do not constitute a binding offer, warranty, or guarantee of any specific outcome.
We reserve the right to modify, suspend, or discontinue any aspect of our services, whether temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services, except as may be provided in a separate written agreement governing an active paid engagement.
Section 3Website Use and Access
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal or internal business purposes. This license does not include any resale or commercial use of the Website or its contents, any derivative use of the Website or its contents, or any use of data mining, robots, or similar data gathering and extraction tools.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, use of the Website, or access to the Website without our express written permission. You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Website.
You are responsible for maintaining the confidentiality of any account credentials associated with your use of the Website and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. AthleteEdge shall not be liable for any loss or damage arising from your failure to comply with these security obligations.
We reserve the right to terminate or suspend your access to the Website, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Section 4Intellectual Property Rights
All content, materials, features, and functionality available on or through the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, code, architecture diagrams, documentation, and the design, selection, and arrangement thereof (collectively, the AthleteEdge Content), is owned by EDG Athlete LLC, its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The AthleteEdge name, the AthleteEdge logo, the EDG Athlete LLC name, and all related names, logos, product and service names, designs, and slogans are trademarks and service marks of EDG Athlete LLC or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
Nothing in these Terms shall be construed as transferring or assigning any intellectual property rights from AthleteEdge to you. We retain all right, title, and interest in and to the AthleteEdge Content and all associated intellectual property rights. Any feedback, comments, or suggestions you provide regarding the Website or our services is entirely voluntary, and we shall be free to use such feedback without any obligation or compensation to you.
With respect to deliverables created in the course of a professional services engagement, ownership and license terms shall be governed by the specific service agreement, statement of work, or master services agreement executed between the parties. In the absence of a written agreement specifying otherwise, AthleteEdge retains ownership of all pre-existing intellectual property and grants the client a non-exclusive, perpetual license to use any deliverables created specifically for that engagement.
Section 5User Obligations and Responsibilities
As a condition of your use of the Website and our services, you represent, warrant, and covenant that you shall use the Website and services only in compliance with these Terms, all applicable local, state, national, and international laws, rules, and regulations, and in a manner consistent with the professional nature of our relationship.
You agree not to use the Website or our services for any unlawful or prohibited purpose. Specifically, you agree not to upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
You are solely responsible for any data, information, materials, specifications, or content you provide to AthleteEdge in connection with our services. You represent that you have all necessary rights, licenses, and permissions to provide such materials and that our use of such materials in connection with delivering services does not infringe upon or violate the rights of any third party.
You agree to cooperate reasonably with AthleteEdge personnel in connection with the delivery of services, including providing timely access to relevant systems, data, personnel, and information as reasonably requested. Delays caused by your failure to provide necessary cooperation may impact project timelines and may result in additional charges as specified in the governing service agreement. You further agree to maintain adequate backups of your data and systems independently of any work performed by AthleteEdge.
Section 6Confidentiality
During the course of our relationship, each party may disclose or provide access to confidential and proprietary information to the other. Confidential Information means any information, technical data, or know-how disclosed by one party (the Disclosing Party) to the other (the Receiving Party), whether orally, in writing, or through electronic means, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
Confidential Information includes, but is not limited to, business strategies, client lists, technical specifications, system architecture designs, source code, security configurations, pricing information, financial data, product roadmaps, proprietary methodologies, trade secrets, and any information regarding a party's operations, processes, products, or services that is not generally known to the public.
The Receiving Party agrees to hold all Confidential Information in strict confidence, to use such information only for the purpose of performing its obligations or exercising its rights under these Terms and any applicable service agreement, and to not disclose such information to any third party without the Disclosing Party's prior written consent. The Receiving Party shall protect the confidentiality of the Confidential Information using the same degree of care, but no less than a reasonable degree of care, that it uses to protect its own confidential information of like nature.
These confidentiality obligations shall not apply to information that: (a) is or becomes publicly known through no wrongful act or failure of the Receiving Party; (b) was rightfully in the Receiving Party's possession prior to disclosure by the Disclosing Party; (c) is rightfully obtained by the Receiving Party from a third party without restriction on disclosure; or (d) is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information. The Receiving Party may disclose Confidential Information to the extent required by applicable law, regulation, or court order, provided that it gives the Disclosing Party reasonable prior notice, to the extent legally permitted, to allow the Disclosing Party to seek a protective order or other appropriate remedy.
Section 7Disclaimer of Warranties
THE WEBSITE, INCLUDING ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE, ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EDG ATHLETE LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
ATHLETEEDGE DOES NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS, FEATURES, OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS; OR THAT ANY INFORMATION OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, OR RELIABLE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND ANY RELIANCE ON THE INFORMATION CONTAINED THEREIN.
NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ATHLETEEDGE OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EDG ATHLETE LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, OR ANY CONTENT, MATERIALS, OR INFORMATION OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ATHLETEEDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EDG ATHLETE LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO ATHLETEEDGE IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF EDG ATHLETE LLC SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW OF SUCH JURISDICTION. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
Indemnification
You agree to indemnify, defend, and hold harmless EDG Athlete LLC, its parent, subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, contractors, successors, and assigns from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or related to: (a) your use of the Website or our services; (b) your violation of any provision of these Terms of Service; (c) your violation of any applicable law, rule, or regulation; (d) your violation of any third-party rights, including without limitation any intellectual property, privacy, or proprietary rights; and (e) any claim that information, materials, or content you provided to AthleteEdge caused damage to a third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate fully with us in asserting any available defenses, and you shall not settle any such matter without our prior written consent. This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Website and services.
Section 10Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction.
Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal courts of the United States located in Utah or the state courts located in Utah County, Utah. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the Website must be filed within one year after such claim or cause of action arose, or be forever barred.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or any transactions contemplated hereunder.
Section 11General Provisions
The following general provisions apply to these Terms of Service and form an integral part of the agreement between you and AthleteEdge.
Entire Agreement
These Terms of Service, together with our Privacy Policy and any applicable service agreement, statement of work, or master services agreement, constitute the entire agreement between you and EDG Athlete LLC concerning your use of the Website and our services. These Terms supersede all prior or contemporaneous communications, understandings, and agreements, whether oral or written, between you and AthleteEdge with respect to the subject matter hereof.
Severability
If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be deemed severed from these Terms, and the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. The parties shall negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the original intent and economic effect.
Waiver
No failure or delay by AthleteEdge in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions.
Assignment
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. AthleteEdge may assign, transfer, or delegate these Terms or any of its rights and obligations hereunder, in whole or in part, at any time without notice or consent, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.
Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay arises from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, epidemic or pandemic, fire, flood, earthquake, hurricane, or other natural disaster, governmental action or regulation, embargo, labor dispute or strike, interruption or failure of utility services, internet or telecommunications outages, or failure of third-party service providers.
Relationship of the Parties
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency relationship, employment relationship, or franchise relationship between you and AthleteEdge. Both you and AthleteEdge are independent contractors, and neither party has any authority to bind or commit the other party in any way or to incur any obligation on behalf of the other without the other party's prior written consent.
Third-Party Beneficiaries
These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
Notices
All notices, requests, consents, claims, demands, waivers, and other communications under these Terms shall be in writing. Notices to AthleteEdge shall be sent to the contact address set forth in Section 12 below. Notices to you may be sent to the email address you have provided in connection with your use of the Website or services. Notice shall be deemed given upon receipt if delivered personally, upon confirmation of receipt if sent by email, or three business days after being deposited with a nationally recognized overnight courier service.
Survival
All provisions of these Terms that by their nature should survive termination or expiration shall so survive, including but not limited to Sections 4 (Intellectual Property Rights), 6 (Confidentiality), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), 10 (Governing Law), and 11 (General Provisions). Termination of your access to the Website or services shall not limit any of AthleteEdge's rights or remedies at law or in equity.
Contact Information
If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to provide any notice required hereunder, please contact us through the channels listed below. We are committed to addressing your inquiries in a timely and professional manner.
Get in Touch
DBA AthleteEdge
Saratoga Springs, UT 84045-5377
United States