Terms and Conditions
Welcome to EDGE which, along with the NASM websites (“Sites”), are owned and operated by the Assessment Technologies Institute, LLC, through its National Academy of Sports Medicine (NASM) division located at 355 E. Germann Rd, Ste. 201, Gilbert, AZ 85297, USA (“we” “us” or the “Company”).
PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND THE COMPANY, AND GOVERNS YOUR ACCESS TO AND USE OF EDGE AND THE PRODUCTS, SERVICES, AND MATERIALS, COURSES (REFERRED TO HEREIN AS “PRODUCTS AND/OR SERVICES”) OFFERED EDGE. BY ACCESSING OR USING EDGE OR BY ORDERING THE PRODUCTS AND SERVICES OFFERED HERE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
By purchasing Edge, or registering for an account with or through Edge or any Site, you are legally bound to the following terms and conditions. Prices, features, terms and offerings in Edge are subject to change at any time without notice. If you purchased Edge through an App Store (e.g., iTunes or Google Play, you also are bound by the policies (end-user license agreement, terms and conditions agreement, privacy policies, etc.) you agreed to when your registered with the App Store (“App Store Policies”). Please visit your App Store to learn more about the App Store Policies.
Who Should Use Edge?
There are three types of users for Edge, Fitness Professionals, Fitness Clients and Exercisers:
- Fitness Professionals are personal trainers and others who hold a current and active CPT credential from an accredited certification body, such as the NASM CPT, and assist people with implementing a fitness plan. Holders of the NASM-PES or NASM-CES credentials are also Fitness Professionals.
- Fitness Clients are the individuals who engage Fitness Professionals.
- Exercisers are individuals who use Edge without affiliation with a Fitness Professional in order to participate in workouts delivered via Edge.
Monthly Subscriptions. Monthly subscriptions are on a month-to-month basis. Your subscription begins on the day you subscribe. For example, if you subscribe on March 9, that subscription period will expire on April 7, thirty (30) days later. If you have purchased a monthly subscription, every thirty (30) days your subscription will automatically renew for the next month unless you cancel your subscription. Monthly subscriptions may only be purchased through an App Store. Your App Store will process the renewal automatically, using the payment form you provided to the App Store. You should receive a monthly account statement from your App Store reflecting these payments. Please note that you will not receive a notice that your subscription is about to expire or that it will automatically renew.
If you are a Fitness Professional, you may use Edge for free provided that you have only one Fitness Client also using Edge. Once you are ready to add more clients, the following subscription packages are available:
- Trainer Plus. Once you add a second Fitness Client, you will be required to enroll in the Trainer Plus subscription plan. You may choose the monthly subscription plan, as described above, at the published monthly rate for Fitness Professions (charged monthly) or a yearly subscription plan at the discounted yearly rate for Fitness Professionals (charged in full once annually). The Trainer Plus subscriptions plans allow you to add an unlimited number of Fitness Clients. If you want to cancel your Trainer Plus subscription plan, you can return to the free "one client" use of Edge, either by selecting the one Fitness Client you with to maintain or by adding a new Fitness Client.
- Trainer Pro: The Trainer Pro subscription includes all of the features of the Trainer Plus subscription plan plus scheduling and payment collection and management tools. You may upgrade your Trainer Plus subscription plan to the Trainer Pro subscription plan.
If you are an Exerciser, each workout program, such as the Wake-Up Workout, is provided for a monthly period as described herein (each a “Workout Program”). Once enrolled in a Workout Program, you will receive daily workouts for the month and, when the month is completed, automatically will be enrolled for the next month of the Workout Program until you cancel your subscription for that Workout Program.
We anticipate offering different subscription types (for example, annual subscriptions) in the future. As these new subscription types become available, we will provide you with information concerning the terms and conditions of each type of subscription.
Payments: Monthly subscriptions may only be purchased through an App Store. All payments for monthly are made and processed through your App Store. The Company does not collect monthly subscription payments directly and does not keep your payment information. Payments are made in advance for the next thirty (30) day period. If you signed up through an App Store, you may change your payment method through the corresponding store account.
As new subscription types become available, new payment methods also may become available, such as online payments or phone payments made directly to the Company. If you provide payment directly to the Company, you authorize our third-party payment processor to receive, store and encrypt your payment information. If your payment provider determines that there are fraudulent charges on your account resulting from the payment method you provided to us, please contact us immediately.
Refunds: We do not offer refunds on monthly subscriptions. If you cancel your subscription mid-month, you will continue to have access to Edge through the end of the subscription month. If you purchased your subscription through an App Store, please review the policies of your App Store to determine whether they offer refunds.
Changing Your Trainer Subscription: If you are a Fitness Professional and you want to upgrade your subscription from Trainer Plus to Trainer Pro you must make the change through your App Store. Once you have processed the change, the Trainer Pro features will become available immediately. If you upgrade during a billing cycle, you will be charged the prorated difference between the Trainer Plus and Trainer Pro subscription, based on the number of days until the start of your next billing cycle. Thereafter, you will be charged the Trainer Plus price. If you want to downgrade from Trainer Pro to Trainer Plus, your Trainer Pro features will remain active until the start of your next billing cycle. On the start date of the next billing cycle, you will be charged the then-current Trainer Plus fees and the Trainer Pro features will be deactivated.
Cancelling Your Subscription: If you have a subscription purchased through an App Store, you can cancel your subscription using the process provided by your App Store. We do not have the ability to cancel a subscription purchased through an App Store on your behalf. If you have purchased your subscription directly from the Company, please contact Customer Service at 800-460-6276 for assistance.
If you are a Fitness Professional, we will attempt to preserve your historical data and client list for a minimum of one year after you have cancelled your subscription. If you elect to re-subscribe, you should use the Account your previously established. If you do so, you will be able to access the data and client list from your prior subscription. Please note that we may not be able to provide access to your historical data if the data is inadvertently corrupted or lost. We reserve the right to change the retention period for data linked to an inactive Account.
If you are a Fitness Client, you do not need to purchase a subscription. You will receive access to Edge by invitation from your Fitness Professional. If your Fitness Professional has cancelled his/her subscription, you will continue to have access to any Program developed for you by your Fitness Professional through the last day set in the Program. For example, if your Fitness Professional gave you a 4-Week Training Program and then cancels his/her Edge subscription in the second week, you will be able to complete the 4-Week Program using Edge. Additionally, you will be able to log into your Account even after your last Program ends. You also might want to transfer to a new Fitness Professional; please see the section on “Transferring Between Fitness Professionals” below.
If you are an Exerciser and you have enrolled in more than one Workout Program, you will need to cancel each Workout Program separately in order to cancel your subscription. You will not have access to your historical data if you cancel your subscription and subsequently re-subscribe.
As an EDGE subscriber, you may have the opportunity to make in Edge purchases of instructional content on a one-time basis. Such content will be offered at a fixed price and the content will be available to you for the period of time you maintain your subscription. If you allow your subscription to lapse, you risk losing access to the instructional content. Notwithstanding the foregoing, NASM reserves the right to withdraw any content that it determines is out-of-date, inaccurate or otherwise should be removed from use.
If you purchase content that is intended to help you study and prepare for an accredited certification examination offered by NASM or any other certification provider, such material is designed to refresh your knowledge. Use of such material does not guarantee success on a certification examination.
All Edge users will need to complete an account registration (“Account”). In creating an Account with NASM, you will be required to provide certain information. When establishing your Account, you agree to:
- You agree to protect your username and password, as well as any access codes and product codes provided by the Company, and not share them with others or permit any unauthorized use of the Products and Services.
- You certify and represent that you will be the person using the Products and Services for which you have registered. Sharing an Account is not permitted and can lead to termination of your right to use Edge.
ESTABLISHING A FITNESS PROFESSIONAL/FITNESS CLIENT CONNECTION
In order to create a connection between a Fitness Professional and Fitness Client, the following steps must be completed:
- Both the Fitness Professional and the Fitness Client must obtain Edge;
- Both of you need to have set up an Account;
- The Fitness Client must provide the Fitness Professional with his/her email address;
- The Fitness Professional will send the Fitness Client an invitation email through Edge.
- When the Fitness Client “accepts” the invitation, the connection is established.
Once the connection is established, the Fitness Professional can work with his/her client to perform assessments, set training programs and communicate. Both the Fitness Professional and the Fitness Client will be able to review any data about the Client and how the Client is performing. That connection will remain in place until, if ever, the Fitness Client arranges a transfer of his/her data to a different Fitness Professional.
To be clear, all fitness data about a Fitness Client is kept in the Client’s Account. Access to that data by a Fitness Professional only occurs if the Fitness Client accepts an invitation from the Fitness Professional. A Fitness Client may only connect his/her Account to one Fitness Professional at any time.
TRANSFERRING BETWEEN FITNESS PROFESSIONAL
If you are a Fitness Client and you would like to transfer your fitness data (such as past assessment results or program details) from one Fitness Professional to another, you need to follow these steps:
- Confirm that your new Fitness Professional has a subscription to Edge;
- Provide your new Fitness Professional with your email address;
- Your new Fitness Professional will send you an invitation email through Edge to become a client.You will receive a warning that when you accept the invitation, your data will be switched to your new Fitness Professional (in other words, you cannot give more than one Fitness Professional access to your data at the same time).
- Complete the transfer by “accepting” the invitation.
- If your prior Fitness Professional used Edge to collect payment and your new Fitness Professional also wants to use Edge to collect payment, your payment history will not be transferred from one Fitness Professional to another. You will need to set up the payment method, through Stripe, with the new Fitness Professional. See the “Payments” section in the PAYMENT FOR FITNESS PROFESSIONAL SERVICES THROUGH EDGE section below for more information.
PAYMENT FOR FITNESS PROFESSIONAL SERVICES THROUGH EDGE
Trainer Pro subscribers can use Edge to process payments from Fitness Clients. Feature includes:
- Fitness Professionals can post services and pricing, including custom services and service packages;
- Fitness Clients can add default payment options and select the payment option for a specific purchase;
- The Fitness Professional can record cash payments, keeping all of his/her receipts in one place; and
- A balance sheet is provided, allowing the Fitness Professional to review a client’s payment history.
Services and Packages. The Fitness Professional is responsible for completing a list of the services and pricing he/she will offer (“Service(s)”).
- Services. Edge provides fields to be completed to create a “Service” but the Fitness Professional is solely responsible for the description of the Service and the price, the tax to be charged and other details.
- Packages. Fitness Professionals can set up packages of Services (“Packages”). Packages typically include multiple Services but can be made up of a single Service.
- Packages can be re-occurring and sold as a subscription.
- The Fitness Professional is solely responsible for setting payment intervals, number of payments and other purchase conditions with respect to Packages, including a balance expiration data.
- The Fitness Professional can create and apply discounts to Packages or Services. Taxes owed for Packages will be calculated on the pre-discount amount.
- Services and Packages can be attended by one or multiple Fitness Clients.
Disclaimer. Edge and its owners are not responsible for any inaccuracies, deficiencies or omission in the Service or Package description. The Fitness Professional is solely responsible for setting prices, the tax to be charged, the payment terms and all other details with respect to the Services or Packages. Resolution of any disputes with respect to the Services and Packages are solely between the Fitness Professional and the Fitness Client. Neither Edge nor its owners bear any responsibility for refunds, credits or other resolutions of issues arising from the Services or Packages.
Payments. The processing of credit card or bank withdrawal payments is done through a third-party processor, Stripe Inc. Users of Stripe’s services through Edge may be required to review and agree to Stripe’s terms and conditions, including privacy terms. Use of the payment process offered through Stripe is solely at the discretion of the Fitness Professional and Fitness Client. Credit Card information is not stored or maintained in. Edge or on the platforms of its owners.
- Using Edge, the Fitness Client can make a one-time payment or add a default payment option. This can be a credit card or bank account. Although the Fitness Client will use Edge to set up and process the payment, the credit card or bank account information is stored by Stripe, not Edge.
- The Fitness Professional can direct payments process by Stripe to their personal account. The personal account information will not be stored or maintained in Edge.
- Transaction fee. Stripe will charge a transaction fee of 2.99% plus 30¢ per transaction.
Disclaimer. Edge and its owners are not responsible for the mishandling of account information by any other party, including by Stripe. All claims of breach of the security of account information should be directed to Stripe. Providing account information directly to the Fitness Professional, instead of through the Stripe feature provided in Edge, is at your own risk.
SCHEDULING THROUGH EDGE
Trainer Pro subscribers can use Edge to manage their schedules and invite Fitness Clients to book appointments. Features include:
- Fitness Professionals can manage their calendar so that Fitness Clients can see when the Fitness Professional has open appointment times.
- Once a Fitness Client has purchased a service or package, the session appointment will appear on the both the Client’s and the Professional’s Edge calendar.
- The Fitness Professional can see all scheduled appointments on their Edge Calendar.
- At the start of the scheduled session, the Fitness Professionals can check in Fitness Clients when they attend an in person or remote session. If the Client has not yet paid, the Fitness Professional can process payment at the start of the session.
Disclaimer. Resolution of booking issues, such as when a Fitness Client cancels or misses a scheduled appointment or when the Fitness Professional is late or misses a scheduled appointment, is solely between the Fitness Professional and the Fitness Client. Neither Edge nor its owners bear any responsibility for refunds, credits or other resolutions of booking issues.
SUSPENDING EDGE ACCESS
We reserve the right to suspend a user’s access to Edge if Edge is being misused or if the Fitness Professional’s credentials are revoked. We also reserve the right to periodically confirm the status of a Fitness Professional’s credentials and to take such actions as it deems appropriate should a credential lapse or be revoked, including cancelling a subscription to Edge.
We reserve the right to temporarily make Edge inaccessible when conducting maintenance. Reasonable efforts will be made to schedule maintenance at non-peak times but this may not always be within our control.
Other service disruptions may occur. These may be caused by your service provider, your devices or other entities involved in the delivery of your service. We are committed to resolve service disruptions that are within its control as quickly as possible. We generally will not provide refunds or credits for service disruptions but reserves the right, in its sole discretion, to evaluate each occurrence to determine whether an exception to this policy is warranted.
Products and services made available to you by us are licensed, and not sold, to you, subject to the terms of this Agreement and your timely payment of any fees due and payable by you to the Company. Your license to use our products and services is subject to your prior acceptance of this Agreement and you agree that these terms will apply to Edge, including any updates or enhancements thereto. To the extent that you purchase or subscribe to any other products or services of the Company, you agree that the Terms and Conditions posted on the relevant website apply to such products and services, including any updates and enhancements thereto.
You are not authorized to assign or transfer this license or your access code, username, or password to any other person or entity. Other than the rights granted to you in this Agreement, we grant you no other rights. You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works or translations of or based on Edge (except as and only to the extent that the foregoing restrictions is not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with our products and services). You agree to use Edge only as permitted under this Agreement and any terms delivered with Edge. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your license to use Edge and any other products and services of the Company. If we reasonably suspect that you have violated this Agreement. Upon termination of this license, you shall cease all use of Edge and remain liable for paying all amounts that may be due and payable by you to the Company. We reserve the right to modify, suspend, remove, or disable access to any of our products or services at any time without notice and in no event will we be liable for making any such changes.
You understand and agree that our products and services, including Edge, constitute intellectual property and proprietary material that is owned by the Company, its affiliates, or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by the Company and its licensors. Our names and acronyms, including NASM®, AFAA®, and Edge and other Company trademarks, service marks, graphics, and logos used in connection with our products and services are trademarks or registered trademarks of the Company in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with our products and services may be the trademarks of their respective owners. The Company and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.
You agree to abide by all copyright notices and restrictions contained on Edge, any of our websites or other apps, on our products and services and in accordance with this Agreement. You may not copy, distribute, enter into a database, display, perform, create derivative works, translate, or transmit any content contained in our products or services. All of our products and services are provided for your own personal, non-commercial use. You may not alter the text or remove any trademark or other notice displayed on our products or services. All rights are reserved. Our logos, trademarks, and service marks (together, "Marks"), are owned by the Company. You may not use the Marks without our prior written approval.
Our products and services are not provided for redistribution or resale under this Agreement.
Compliance with Laws; Export Controls
You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of our products or services. You will not use our products or services in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export our products or services except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. Neither our products nor our services may be exported into any U.S. embargoed countries or to anyone on the U.S. Government's list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.
Our products and services were developed using private funds and are "Commercial Items" as defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government solely as Commercial Items and only with those restricted rights granted to all other end-users pursuant to the terms of this Agreement. Unpublished-rights reserved under the copyright laws of the United States.
Use of Links
Disclaimer of Warranties
OUR PRODUCTS AND SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ALL PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. No oral or written statement by any of our employees or representatives shall create a warranty or modify this section. Certain jurisdictions do not permit the exclusion of implied warranties, so the forgoing exclusion may not apply to you.
YOU EXPRESSLY AGREE THAT your use of, or your inability to use, our products or services is at your sole risk. We do not warrant the accuracy or completeness of any information, text, graphic, links or other items contained within our products or services or for any errors, omissions, or any outcomes related to your use of our products and services. We take precautions to protect the Company against, but makes no warranties respecting, any harm that may be caused by the transmission of a computer virus, worm or other system or network infection or attack. We do not guarantee that your use of our products or services will be error-free or uninterrupted.
If you are a Fitness Professional, you and those with whom you work or provide exercise advice should always review the instructions and recommendations of the manufacturer of any exercise equipment before use, even equipment that appears in any of our products, as the manufacturer’s instructions and recommendations may have changed since the publication of our product. YOU EXPRESSLY AGREE that we are not responsible for harm that may arise from the use or misuse of any exercise equipment by you or any person to whom you provide exercise advice or instruction.
If you are sharing content, for example uploading video or images as part of “Create Exercise” (“Outside Content”) you are responsible for the following:
If you share Outside Content that is copyrighted, you should include the attribution to the owner’s copyright (in other words, the copyright notice linked to the content) when uploading the content;
If the Outside Content you share includes a trademark, logo or other recognizable symbol of ownership, you should remove that information or obtain permission to use the trademark;
If you have created the Outside Content and have captured the image of another person, you should be sure you have the permission of such person to use their image in the Outside Content;
If the Outside Content you share uses any equipment, as noted in the paragraph above, you should follow the instructions and recommendations of the manufacturer as captured in the Outside Content and advise your Clients or Exercises to review the manufacturer’s instructions; and
The Outside Content you share shall not include disparaging, obscene, offensive or otherwise inappropriate content.
We are not liable for any harm or damage, including infringement or disparagement claims, that may arise from Outside Content shared by a Fitness Professional in EDGE. And, as noted above, we are not esponsible for harm that may arise from the use or misuse of any exercise equipment by you or any person to whom you provide exercise advice or instruction.
Disclaimer: No Provision of Professional Advice; No Guarantee
The Company, its licensors and contributors are not engaged in rendering medical, legal or other professional advice of services and the content of our products or services, including Edge, or its websites and marketing materials are not intended to take the place of such advice. If such advice or other expert assistance is required, the service of a competent professional should be sought.
NASM is not a medical provider. Neither NASM nor its staff can give you or your clients or patients medical advice or provide any information concerning the diagnosis or treatment of any health condition. The information in this App and on the Sites is of a general nature and is intended only for educational purposes to help with Fitness Professionals or their Fitness Clients’ or an Exerciser’s personal fitness improvement goals and should not be relied on as medical advice. Please consult a physician or other appropriate professional before using any of the information, services, products or other resources you may find in the content of Edge, our products or services or our websites and marketing materials, or other resources mentioned or made accessible through our websites or apps.
The information contained in Edge our other apps, Sites and products has been devised generally and could be affected by certain cultural, social or language differences.
We do not endorse, sponsor or guarantee any of the information of others, including advertisers, providers or partners, that may be accessible or made available in Edge, on its websites or in its marketing materials or posted by any users who are not officers, directors, employees, representatives or agents of the Company.
If you are a Fitness Client or an Exerciser, please further note that any interactive sections, including but not limited to, assessments, exercise tools, calendars and fitness trackers (hereinafter, excluding Outside Content, collectively named “Fitness Tools”), contained in Edge, our products and services or on our Sites, are designed to give fitness information specifically related to the information you provided or derived from assessments in which you participated. Information you enter or, in the case of a Fitness Client, was entered on your behalf by your Fitness Professional, into the Fitness Tools is retained by the Company, but is not utilized by us other than for interacting with you in delivering the Services of Edge, or as otherwise authorized by you, or for research and analytic purposes, but then only having first been de-identified and aggregated. Use of these Fitness Tools or any Services purchased over Edge or the Sites are for fitness education and information purposes only. We are not responsible for the accuracy of the information provided into the Fitness Tools or Outside Content shared with you by a Fitness Professional and, in the case of a Fitness Client, the interpretation of the assessments made by the Fitness Professional or the advice or instructions given you by the Fitness Professional or the exercise, nutrition or fitness programs developed by the Fitness Professional for your use. We are not responsible for Outside Content shared by a Fitness Professional. Use of the Fitness Tools and any services provided to you does not constitute medical or other health care advice and is not intended to replace the diagnosis, treatment and advice of your physician and other health care professionals. You grant the Company, your Fitness Professionals if you are a Fitness Client, and all other persons or entities involved in the operation of Edge the right to transmit, monitor, retrieve, store, and use any information you or, in the case of a Fitness Client, your Fitness Professionals store in the Fitness Tools and otherwise in connection with the operation of Edge, Sites and our products and services. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received, using the Fitness Tools or otherwise in connection with Edge.
Disclaimer: No Endorsement of Fitness Professionals
If you are a Fitness Client, please be advised that, without limiting the forgoing, we make no representations or warranties and assume no liability regarding the background, suitability or qualifications of anyone who may offer you services as Fitness Professional or any Outside Content provided by a Fitness Professional, whether as providers or as recipients of our products or services. We further do not make any representations or warranties and assumes no liability regarding the accuracy of the information provided into the Fitness Tools, the interpretation of the assessments made by the Fitness Professional or the advice or instructions given to you by the Fitness Professional or the exercise, nutrition or fitness programs developed by the Fitness Professional for your use. Fitness Clients are solely responsible for making their own inquiries regarding the suitability of such individuals. If you believe that a Fitness Professional has violated the NASM Code of Professional Conduct, you may make a report using the Conduct Violation form (both the Code and the Violation form are available on the Accreditation page of the NASM.org website).
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS ARE NOT LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND THAT ARISE FROM THE INaccuracy of information provided into the Fitness Tools, the interpretation of assessments made by the Fitness Professional or the advice or instructions given TO you by the Fitness Professional, INCLUDING BUT NOT LIMITED TO the exercise, nutrition or fitness programs developed by the Fitness Professional for your use.
In no event shall the Company's total liability to you for all damages exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails its essential purpose.
By using our Products and Services, including its websites and apps, you accept this Agreement and you agree that you will indemnify and hold the Company and its parent companies and affiliated entities, its and their respective directors, officers, employees, agents, contractors, principals, and its licensors and suppliers and their respective parent companies, affiliated entities, directors, officers, employees and agents harmless in connection with any claim arising out of your breach of the terms of this Agreement, your use of our products and services, including Edge, or any action taken by the Company to protect its intellectual property, including, but not limited to, suspension or termination of your access to our products and services.
We reserve the right to update and modify these Terms and Conditions without advance notice to you and such changes will be effective immediately when posted on Edge and will govern your continued use of our products and services.
This Agreement is governed by the laws of the State of Kansas, U.S.A., without giving effect to its conflict of law provision. Exclusive jurisdiction for any claim arising out of this Agreement will be in the courts of the State of Kansas, U.S.A. The parties each waive any rights to a jury trial for any claim or cause of action arising out of this Agreement.
This Agreement is the entire and exclusive agreement between the Company and you regarding your use of our products and services and replaces any prior agreements between you and the Company regarding the subject matter herein. If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. Our failure to enforce any right under this Agreement will not constitute a waiver of such right or of any other right under this Agreement. We are not responsible for failing to fulfill its obligations hereunder for reasons that are outside of our control. This Agreement, and the license rights granted herein, are not assignable by you and any attempt to do so is of no force and effect.
We reserve the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that the Company has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to our right to cooperate with any legal process relating to your use of our products or services, and/or a third-party claim that your use of the products or services is unlawful and/or infringes such third party's rights).
Last updated February 2021