Edge Consumer Brands, LLC  Terms & Conditions

Last updated April 11, 2017

Thank you for visiting edgecb.com (the “Site”).  The Site is owned by Edge Consumer Brands, LLC (“we,” “our,” or “us”).  By using the Site, you acknowledge and accept these terms of use (“Terms of Use”), so please review them carefully. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site whenever we deem appropriate.  We encourage you to review the Site and these terms periodically for any updates or changes.  Your continued access or use of the Site shall be deemed your acceptance of said changes and the reasonable acceptance of these standards for notice of changes.

 

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on the Site.  You consent that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Your Conduct

Any conduct by you that (in our sole discretion) restricts or inhibits any other site user from using or enjoying the Site will not be permitted.  You agree to use the Site only for lawful purposes.  You are prohibited from posting or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, civil liability, or otherwise violate any applicable local, state, national, or international law.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

Site Contact

You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.  All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.  You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.  If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.  Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.  In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.

Color/Product Description

We have made every effort to display as accurately as possible the colors of our products that appear on the Site.  However, as the actual colors you see will depend on your display, we cannot guarantee that your display of any color will be accurate.  We have also attempted to be as accurate as possible in our descriptions of products.  However, we do not guarantee that the product descriptions are accurate, complete, reliable, current, or error-free.  If a product offered by the Site is not as described, please contact customer service for further resolution at support@edgecb.com.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, LICENSORS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY AMOUNT IN EXCESS OF $1,000.00 FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.  YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

You agree to indemnify and hold Edge Consumer Brands, LLC, and our subsidiaries, licensors, affiliates, managers, directors, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your violation of the Terms of Use, or your violation of any rights of another.

Export

The U.S. export control laws regulate the export and re-export of technology originating in the United States.  This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals.  You agree to abide by these laws and their regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

 

Our Rights

We may elect to monitor areas of the Site by electronic or other means and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants.  We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Site.

 

We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.

 

Links to Third Party Sites

We may make available a link to a third party’s web site.  These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.  Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Site (including on or via linked sites or advertisements) are solely between you and the third party and we disclaim all liability in connection therewith.

 

Applicable Law

We control the Site from our offices within the United States of America.  We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited.  Those who choose to access the Site from other locations do soon their own initiative and are responsible for compliance with applicable local laws.  You may not use or export the Content in violation of U.S. export laws and regulations.  Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of New York, without reference to its choice of law provisions.  You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New York County, New York, U.S.A.

 

Termination

These terms are effective until terminated by either party.  If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site.  Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice.  You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site.  Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

 

Copyright

All Content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, trademarks and software, is the property of Edge Consumer Brands, LLC or its partners or licensors and protected by United States and international copyright laws.

 

Copyright/Trademark Complaints

We respect the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copy.  Our agent for notice of claims of copyright infringement on the Site can be reached as follows:

 

By mail:
Edge Consumer Brands, LLC
Legal Dept.
35 Sawgrass Drive
Bellport, NY 11713
By email: support@edgecb.com