SHARP EDGE TERMS OF SERVICE

Last Updated: December 22, 2016

Welcome to Sharp Edge Marketing Group. Please read these terms of service (these “Terms”) carefully as they form a contract between you and the Sharp Edge team listed in Section 17 of these Terms (“Sharp Edge”, “we”, “us”, or “our”) that governs your access and use of: (i) the hosted dashboard provided by Sharp Edge for management of your business and practice data, access to our materials, data, text, audio, video, images or other content (collectively, “Content”); (ii) marketing services provided by Sharp Edge; (iii) the Sharp Edge websites or applications; and, (iv) any written or electronic use or features guides or other documentation provided or made available by Sharp Edge (the “User Guides”) (collectively the “Service(s)”).

By registering or using any of the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to Sharp Edge that you have the authority to bind that organization to these Terms (in which event, “you” and “your” will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Service. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with Sharp Edge and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES. Should you have any questions concerning this Agreement, please contact legal@SharpEdgeMarketing.com.

Please note that Sharp Edge doesn’t provide warranties for the Services. This contract also limits our liability to you. See Sections 14 and 16 for details.

1. CHANGES TO THESE TERMS

We reserve the right to revise these Terms from time to time. We will date and post the most current version of these Terms on the Sharp Edge website. Any changes will be effective upon posting the revised version of these Terms on the Service (or such later effective date as may be indicated at the top of the revised Terms). If in our sole discretion we deem a revision to these Terms to be material, we will notify you via the Service and/or by email to the email address associated with your account. Notice of other changes may be provided via www.SharpEdgeMarketing.com (the “Site”) or related Sharp Edge blogs. Therefore, we encourage you to check the date of these Terms whenever you visit the Site to see if these Terms have been updated. Your continued access or use of any portion of the Service constitutes your acceptance of such changes. If you don’t agree to any of the changes, we’re not obligated to keep providing the Service, and you must cancel and stop using the Service.

2. ACCESS TO THE SERVICE

You may use the Service, on a non-exclusive basis, solely in strict compliance with these Terms and all applicable laws.

3. YOUR ACCOUNT

To obtain access to certain Services, you may be required to obtain an account with Sharp Edge (become a “Registered User”), by completing a registration form and designating a user ID and password. When registering with Sharp Edge you must: (a) provide true, accurate, current and complete information about yourself as requested by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Sharp Edge may withdraw such approval at any time in its sole discretion, with or without cause.

Only you may use your Sharp Edge account. You must keep your account and passwords confidential and not authorize any third party to access or use the Service on your behalf, unless we provide an approved mechanism for such use. You must contact us right away if you suspect misuse of your account or any security breach in the Service. You are responsible for all activities that take place with your account. Sharp Edge will not be liable for any loss or damage arising from any unauthorized use of your accounts.

If a third party such as an employer gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account’s usage and profile data, including how and when your account is used; and read or store Content in your account. If you are an individual Registered User of the Service, and the domain of the primary email address associated with your account is owned by an organization and was assigned to you as an employee, contractor or member of such organization, and that organization wishes to establishes a commercial relationship with us and add your account to such relationship, then, if you do not change the email address associated with your account, your account may become subject to the commercial relationship between Sharp Edge and such organization and controlled by such organization.

4. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

By registering with Sharp Edge, you understand that we may send you communications or data regarding the Services, including but not limited to (a) notices about your use of the Services, including any notices concerning violations of use, (b) updates, and (c) promotional information and materials regarding Sharp Edge’s products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.

5. CONTENT

Except for material that we license to you, we don’t claim ownership of any Content that is transmitted, stored, or processed in your account(s). We also don’t control, verify, or endorse the Content that you and others make available on the Service.

We provide functions that allow you to control who may access your Content. If you enable the features that allow you to share the Content with others, anyone you’ve shared content with (including the general public, in certain circumstances) may have access to your Content.

You hereby grant Sharp Edge and its contractors the right, to use, modify, adapt, reproduce, distribute, display and disclose Content posted on the Service solely to the extent necessary to provide the Service or as otherwise permitted by these Terms.

You represent and warrant that: (a) you have all the rights in the Content necessary for you to use the Service and to grant the rights in this Section; and, (b) the storage, use or transmission of the Content doesn’t violate any law or these Terms.

You will: (a) be solely responsible for the nature, quality and accuracy of the Content; (b) ensure that the Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to the Content, including any notices sent to you by any person claiming that any Content violates any person’s rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and (d) maintain appropriate security, protection and backup copies of the Content, which may include, your use of additional encryption technology to protect the Content from unauthorized access. Sharp Edge will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.

You must immediately notify Sharp Edge in writing of any unauthorized use of any (a) Content (b) any Account or (c) the Service that comes to your attention. In the event of any such unauthorized use by any third party that obtained access through you, you will take all steps necessary to terminate such unauthorized use. You will provide Sharp Edge with such cooperation and assistance related to any such unauthorized use as Sharp Edge may reasonably request.

6. CONTENT STORED IN THE UNITED STATES

The Service is provided from the United States. By using and accessing the Service, you understand and consent to the storage and processing of the Content and any other personal information in the United States. Sharp Edge reserves the right to store and process personal information outside of the United States, and will use commercially reasonable efforts to provide you with at least 30 days notice of any such changes in the processing location.

7. SUSPENSION AND TERMINATION OF CUSTOMER’S USE OF THE SERVICE

We reserve the right, to temporarily suspend or terminate your access to the Service at any time in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Service for: (a) the actual or suspected violation of these Terms; (b) the use of the Services in a manner that may cause Sharp Edge to have legal liability or disrupt others’ use of the Services; (c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity or bandwidth; or (f) unplanned technical problems and outages. If, in Sharp Edge’s determination, the suspension might be indefinite and/or Sharp Edge has elected to terminate your access to the Service, Sharp Edge will use commercially reasonable efforts to notify you through the Service. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to the Content that is stored with the Service.

Upon termination by Sharp Edge, for reasons other than cause, or at your direction, you may request access to your Content, which we will make available for an additional fee. You must make such request with thirty (30) days following termination. Otherwise, any Content you have stored with the Service may not be retrievable, and we will have no obligation to maintain any data stored in your account.

In addition to other termination provisions, if your account it not currently subject to a paid subscription plan with us, we at our discretion may terminate your account if: (a) you do not engage in any activity in your account within thirty (30) days after becoming a Registered User, or (b) you do not engage in any activity in your account for any period of one-hundred and twenty (120) consecutive days. In the event of such termination, any Content you may have stored will be lost.

8. ACCEPTABLE USE

You must not use the Service to harm others or the Service. For example, you must not use the Service to harm, threaten, or harass another person, organization, or Sharp Edge and/or to build a similar service or website. You must not: damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or Service (such as a bot, a spider, or periodic caching of information stored by Sharp Edge) to access or use the Service. In addition, you promise that you will not and will not encourage or assist any third party to:

(a) modify, alter, tamper with, repair or otherwise create derivative works of any Software;

(b) reverse engineer, disassemble or decompile the software used to provide or access the Service, including the Software, or attempt to discover or recreate the source code used to provide or access the Service, except and only to the extent that the applicable law expressly permits doing so;

(c) use the Service in any manner or for any purpose other than as expressly permitted by these Terms, the Privacy Policy, any User Guides or any other policy, instruction or terms applicable to the Service that are available on the Service (“Policies”);

(d) sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Services to any third party;

(e) remove, obscure or alter any proprietary rights notice pertaining to the Service;

(f) access or use the Service in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas;

(h) use the Service to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) advertise or promote a commercial product or service that is not available through Sharp Edge; (iv) store or transmit inappropriate Content, such as Content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) that violates the intellectual property rights or rights to the publicity or privacy of others; (iv) store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (v) abuse, harass, stalk or otherwise violate the legal rights of a third party;

(i) interfere with or disrupt servers or networks used by Sharp Edge to provide the Service or used by other users’ to access the Service, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of any Software or the Service;

(j) access or attempt to access Sharp Edge’s other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;

(k) cause, in Sharp Edge’s sole discretion, inordinate burden on the Service or Sharp Edge’s system resources or capacity; or

(l) share passwords or other access information or devices or otherwise authorize any third party to access or use the Software or the Service.

Sharp Edge reserves the right, in its sole discretion, to deactivate, change and/or require you to change your Sharp Edge user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Services for any reason or for no reason. Sharp Edge may exercise such right at any time, with or without prior notice. We will make all judgments concerning the applicability of these guidelines in our sole and exclusive discretion. We reserve the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint. We will not assume or have any liability for any action or inaction with respect to any Content.

9. UPDATES TO THE SERVICE

Sharp Edge reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

11. THIRD PARTY SERVICES AND CONTENT

All transactions using Sharp Edge’s services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole; you acknowledge that we are not responsible for such content or services. We may also provide some content to you as part of the Services. However, Sharp Edge is not an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. Sharp Edge shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

12. SHARP EDGE PROPRIETARY RIGHTS

As between Sharp Edge and you, Sharp Edge or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with this Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Sharp Edge. In the event that you provide comments, suggestions and recommendations to Sharp Edge with respect to the Service (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Service) (collectively, “Feedback”), You hereby grant to Sharp Edge a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Service.

13. PRIVACY

In order to operate and provide the Service, we collect certain information about you. As part of the Service, we may also automatically upload information about your computer or device, your use of the Service, and Service performance. We use and protect that information as described in the privacy policy located at in this document. You further acknowledge and agree that we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Sharp Edge or our customers, including the enforcement of our agreements or policies governing your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Sharp Edge employees, customers, or the public.

We retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching these Terms. The technology or other means we use may hinder or break your use of the Service.

14. NO WARRANTY

SHARP EDGE PROVIDES THE SERVICE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Sharp Edge MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

15. INDEMNIFICATION

To the extent permitted by law, You will defend Sharp Edge against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content provided by you, or your use of the Service, in breach of these Terms: (a) infringes a registered patent, registered trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Sharp Edge’s actions); or, (b) violates applicable law or these Terms. Sharp Edge will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.

16. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHARP EDGE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF Sharp Edge HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF Sharp Edge AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF AN AMOUNT EQUAL THREE MONTHS OF YOUR SERVICE FEE FOR THE SERVICE OR FIVE DOLLARS ($5.00). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

17. CONTRACTING PARTY; GOVERNING LAW; LOCATION FOR RESOLVING DISPUTES

You are contracting with Sharp Edge Marketing Group, Inc with an address at 345 W. 600 S. Suite 123, Heber, UT 84032 USA. The laws of the State of Utah, U.S.A. govern the interpretation of these Terms and apply to claims for breach of these Terms, regardless of conflict of laws principles. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will, only to the extent required by applicable law, be subject to the laws of your state of residence in the United States, or, if you live outside the United States, the laws of the country in which you reside. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts for Wasatch County, Utah, USA, for all disputes arising out of or relating to these Terms. Sharp Edge may assign this contract to another entity at any time.

18. NOTICES

We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the Service or by access to a website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the Service. You may provide legal noticed to us via email to legal@SharpEdgeMarketing.com, with a duplicate copy sent via registered mail, return receipt requested, to the following address: Sharp Edge, Attn: Legal Operations, 345 W. 600 S. Suite 123, Heber, UT 84032 USA. Any such notice, in either case, must specifically reference that it is a notice given under these Terms.

19. PAYMENTS AND REFUNDS

The fees applicable for the Service (“Fees”) are stated in the annual Agreement. The price stated for the Service excludes all taxes and charges, unless stated otherwise. You’re responsible for any taxes and for all other charges (for example, data charges and currency exchange settlements). You will pay the Fees in the currency Sharp Edge quoted for your account.  

In addition to any Fees, you may still incur charges incidental to using the Service, for example, charges for Internet access, data roaming, and other data transmission charges.

You must be authorized to use the payment method that you enter when you create a billing account. You authorize us to charge you for the Service using your payment method and for any paid feature of the Service that you choose to sign up for or use while the Agreement is in force. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you’ve approved, and we’ll notify you in advance of the difference for recurring subscription Services as determined by an updated Sales Order. We may bill you simultaneously for more than one of your prior billing periods. Once we have informed you that the Service will be provided indefinitely or automatically renewed, we may automatically renew your Service and charge you for any renewal term.

You must keep all information in your billing account current. You can access and modify your billing account information using the Administrative Panel. You may change your payment method at any time.  

We’ll notify you in advance, either through the Service or to the email address you have most recently provided to us, if we change the price of a specific Service. If there’s a specific length and price for your Service offer, that price will remain in force for that time. After the offer period ends, your use of the Service will be charged at the new price. If your Service is on a period basis (for example, monthly) with no specific length, we’ll notify you of any price change at least 30 days in advance. If you don’t agree to these changes, you must cancel and stop using the Service via a phone call to 1-877-319-7772 (with cancellation confirmation from a Sharp Edge representative) no later than thirty (30) days prior to the conclusion of your current payment term, whether monthly, yearly, or otherwise. If you cancel, your Service ends at the end of your current Service period as defined in your Agreement or, if we bill your account on a period basis, at the end of the period in which you canceled. If you fail to cancel as required, we will automatically renew the Service for the same term and will charge your payment information on file with us commencing on the first day of the renewal term.

Payments for: (a) all deposits have the option of being paid via credit card, (b) all reoccurring monthly payments noted in the Agreement will be paid via a monthly ACH on the first of every calendar month.   If payment is able to be submitted to Sharp Edge on the due date, user’s account will be frozen, inaccessible, and all shared links will be turned off until all outstanding payments have been processed by Sharp Edge. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information.  The terms and termination clauses for each account are found in the signed Agreement.  

Unless we notify you otherwise, if you’re participating in any trial or free period offer, you must cancel the Service by the end of the trial period to avoid incurring new charges. If you do not cancel your Service and we have told you the Service will convert to a paid subscription at the end of the trial or free period, you authorize us to charge your payment method for the Service.

Except as specifically set forth in this section, all Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed.

Except as prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your Service if you fail to pay in full on time.

20. MISCELLANEOUS

20.1. Severability; Entire Agreement

These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service.

20.2. Assignment and transfer

We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service.

20.3. Independent Contractors; No third-party beneficiaries

Sharp Edge and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.

20.4. Claims

Claims must be filed within one year. You must bring any claim related to these Terms or the Service within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it isn’t filed in time, the claim is permanently barred.

20.5. Waiver

The failure of either party to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.

20.6. Government Use

If you are a U.S. government entity, you acknowledge that any Software and User Guides that are provided are “Commercial Items” as defined at 48 C.F.R. 2.101, and are being provided as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.

21. COPYRIGHT COMPLAINTS AND REMOVAL POLICY

Sharp Edge does not tolerate content that appears to infringe any copyright or other intellectual property rights or otherwise violates these Terms and will respond to notices of alleged copyright infringement that comply with the law and are properly provided to us. Such notices can be reported by sending an email to: legal@SharpEdgeMarketing.com . We reserve the right to delete or disable Content alleged to violate these Terms and to terminate repeat infringers. Our designated address for notice of alleged copyright infringement is:

Attn: Legal Operations
Sharp Edge Marketing Group, Inc.
345 W. 600 S. Suite 123

Heber, UT 84032 USA

email: legal@SharpEdgeMarketing.com

Federal law requires your notice to include the following information:Identification of the copyrighted work that you claim has been infringed;

 

  1. Identification of the material, including URL, that you claim is infringing, with enough detail so that we may locate it;
  2. Your address, telephone number, and e-mail address;
  3. A statement declaring under penalty of perjury that (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (b) the above information in your notice is accurate, and (c) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
  4. Your physical or electronic signature.

INTELLECTUAL PROPERTY NOTICES

All contents of the Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are: Copyright © 2013 Sharp Edge, and/or the proprietary property of its suppliers, affiliates, or licensors. All Rights Reserved.

Sharp Edge and the Sharp Edge logo are including without limitation, either trademarks, service marks or registered trademarks of Sharp Edge Marketing Group, Inc., and may not be copied, imitated, or used, in whole or in part, without Sharp Edge’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

Sharp Edge may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter that is part of the Service. Unless we have granted you licenses to our intellectual property in these Terms, our providing you with the Service does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.


SHARP EDGE PRIVACY POLICY

Last Updated: December 27, 2016

Your privacy is important to Sharp Edge. This privacy policy (“Policy”) applies to the Sharp Edge Web sites and services and tells you how personal information is collected, used, disclosed, and protected by Sharp Edge. If you use the Sharp Edge site and services as part of an entity or organization that has service with Sharp Edge (like your employer or a university), the individual terms of that organization’s contract for service may restrict our collection or use of your personal information more than what is described in this Policy.  

Changes to This Policy

We may change this Policy from time to time. If we make any changes to this Policy, we will change the “last updated” date above. If there are material changes to this Policy, we will notify you more directly. We encourage you to check this Policy whenever you use our Web sites and services to understand how your personal information is used.

Information Collected

We collect information from you in various ways when you use our Web sites and services. We may also supplement this information with information from other companies. We collect two general types of information, namely personal information and aggregate data. As used in this Policy, the term “personal information” means information that specifically identifies an individual (such as a name and email address), and demographic and other information when directly linked to information that can identify an individual.

Our definition of personal information does not include “aggregate” data. Aggregate data is information we collect about a group or category of services or users from which individual user identities have been removed. In other words, no personal information is included in aggregate data. Aggregate data helps us understand trends in our users’ needs so that we can better consider new features or otherwise tailor our services. This Policy in no way restricts or limits our collection and use of aggregate data, and we may share aggregate data about our users with third parties for various purposes, including to help us better understand our customer needs and improve our services and for advertising and marketing purposes.

The following are the specific types of information we collect from you.

Information You Give Us. We collect information you give us on our Web site and when you register for and use our services. Examples include the following:

Registration and Profile Information. When you register to use our services or update your profile, we may collect various kinds of information about you including, your name and email address; your title, company and other profile information you provide; demographic information; and information you upload like photos, files, and documents.

Contact Information. We collect the email addresses you provide for contacts you enter or upload into your private contacts page. When you choose to collaborate or share files with others, we also collect email addresses you provide to email invitations to those individuals on your behalf.

Payment Information. If you choose to use a paid Sharp Edge account or service, our payment processing vendor collects your credit card information and billing address.

Submissions and Customer Service. From time to time we may use surveys, contests or sweepstakes requesting personal or demographic information and customer feedback.

Automatically Collected Information. We automatically receive certain types of information when you interact with our Web pages, services and communications. For example, it is standard for your Web browser to automatically send information to every Web site you visit, including ours. That information includes your computer’s IP address, access times, your browser type and language, and referring Web site addresses. We may also collect information about the type of operating system you use, your account activity, and files and pages accessed or used by you.

Cookies and Web Beacons. We may also use certain kinds of technology such as cookies and Web beacons to collect information. Among other things, the use of cookies and Web beacons enables us to improve our Web sites and emails by seeing which areas and features are most popular, to count the number of computers accessing our Web site, to personalize and improve your experience, to record your preferences, and to allow you to visit our Web site without re-entering your member ID and/or password. A cookie is a small amount of data which is sent to your browser from a Web site’s computers and stored on your computer’s hard drive. Most browsers automatically accept cookies as the default setting. You can modify your browser setting to reject our cookies or to prompt you before accepting a cookie by editing your browser options. However, if a browser is set not to accept cookies or if a user rejects a cookie, some portions of the Web site and services may not function properly. For example, you may not be able to sign in and access certain Web page features or services. A Web beacon is an electronic image, also called a “gif,” that may be used on our Web pages to deliver cookies, count visits and compile statistics on usage and campaign effectiveness or in our emails to tell if an email has been opened and acted upon.

Use of Personal Information.

In general, we use your personal information to process your requests or transactions, to provide you with information or services you request, to inform you about other information, events, promotions, products or services we think will be of interest to you, to facilitate your use of, and our administration and operation of, the Web site and services and to otherwise serve you and our users. For example, we may use your personal information:

  • to request feedback and to enable us to develop, customize and improve the Web site and our publications, products and services;

 

  • to conduct marketing analysis, to send you surveys or newsletters, to contact you about services, products, activities, special events or offers from Sharp Edge or our partners and for other marketing, informational, product development and promotional purposes;
  • to send you a welcoming email and to contact you about your use of the Web site and services; to respond to your emails, submissions, comments, requests or complaints; to perform after-sales services; to anticipate and resolve problems with our service; to respond to customer support inquiries, for assistance with our product and service development; and to inform you of updates to products and services from Sharp Edge that better meet your needs;
  • to store contacts you enter or upload into your contacts list for your private use and viewing;
  • to send emails to users you invite (and contacts you invite to become users) to collaborate and access your files;
  • to enable you to communicate, collaborate, and share files with users you designate;
  • to contact you if you win a contest; and
  • for other purposes about which we notify you.

Sharp Edge may store and process personal information in the United States and other countries. Sharp Edge adheres to the U.S. Department of Commerce’s Safe Harbor privacy principles regarding the collection, use, and retention of personal information from the U.S. Department of Commerce’s U.S. Swiss Safe Harbor privacy principles regarding the collection, use, and retention of personal information. Sharp Edge’s Safe Harbor certifications can be found at http://web.ita.doc.gov/safeharbor/shlist.nsf/webPages/safe+harbor+list. For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce’s Website at http://export.gov/safeharbor/.

Sharing of Personal Information.

Sharp Edge reserves the right to share aggregated demographic information about our customers, sales, and traffic to our partners and advertisers. We will not give, sell, rent, share, or trade any of your personal information or any data that you store using our services to any third party except as outlined in this Policy or with your consent. We may disclose information to a third party to (a) comply with laws or respond to lawful requests and legal process, (b) to protect Sharp Edge, agents, customers, and others including to enforce our agreements, policies and terms of use or (c) in the good faith belief that disclosure is needed to respond to an emergency, or protect the personal safety of any person.

If you are an individual Sharp Edge registered user, and the domain of the primary email address associated with your Sharp Edge account is owned by your employer and that email address was assigned to you as an employee of that organization, and that organization wishes to establishes a Sharp Edge corporate account and add you to it, then certain information concerning past use of your individual account may become accessible to that organization’s administrator including your email address.

Sharp Edge includes collaboration features that by their nature support sharing with users you choose. Those users can see your name, email address, photo and information from your Profile page, and any files you choose to share; and they can post comments and email you. Collaborators you invite as editors can also edit your shared files, upload documents and photos to your shared files, share those documents outside of Sharp Edge, and give other users rights to view your shared files.

Sharp Edge provides you with opportunities to connect with third party applications or services, such as through our Open Sharp Edge page or Sharp Edge application partner ecosystem. If you choose to use any such third party applications or services, we may facilitate sharing of your information including your Sharp Edge username and documents you choose to use with those applications and services and such third parties may contact you directly as necessary. Your use of such applications and services is not governed by Sharp Edge’s terms or privacy policy. Sharp Edge does not control the applications or services of those third parties or how they use your information and documents. Be sure to review the terms and the privacy policies of those third parties before using their applications or services.

We may share personal information in connection with an acquisition, merger, or sale of all or a substantial portion of our business, with or to another company. In any such event, you will receive notice if your data is transferred and becomes subject to a substantially different privacy policy.

Network and Information Security.

Sharp Edge takes reasonable steps to protect information we collect from you to prevent loss, misuse and unauthorized access, disclosure, alteration, and destruction. In addition, highly confidential personal information such as credit card number and password that we request from you on our Web site is protected with encryption, such as Secured Socket Layer (SSL) protocol, during transmission over the Internet.

The servers on which information is stored are kept in a controlled environment with limited access. While we take reasonable efforts to guard personal information we knowingly collect directly from you, no security system is impenetrable. In addition, we cannot guarantee that any passively-collected personal information you choose to include in documents you store on our systems are maintained at adequate levels of protection to meet specific needs or obligations you may have relating to that information.

Your account information and access to our service is accessible only through the use of an individual user ID and password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. Please advise us immediately if you believe your password has been misused. In addition, always logout and close your browser when you finish your session. Please note that we will never ask you to disclose your password in an unsolicited phone call or email.

Updating and Accessing Personal Information.

If your personal information changes in any way, we invite you to correct or update your information as soon as possible. You can make updates to your profile information by logging into your account on Sharp Edge at any time. You can also request changes or access to your information by emailing support@SharpEdgeMarketing.com.

Choice/Opt-Out.

Sharp Edge may send you communications or data regarding our Web sites and services, including but not limited to (i) notices about your use of our Web sites and services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding our products and services. You may opt-out of receiving promotional emails from Sharp Edge by following the opt-out instructions provided in those emails. You may also opt-out of receiving promotional emails and other promotional communications from us at any time by emailing support@SharpEdgeMarketing.com with your specific request. Opt-out requests will not apply to transactional service messages, such as security alerts and notices about your current account and services.

Enforcement

If you have any questions about this Policy, you should first contact us at support@SharpEdgeMarketing.com. If you do not receive a response or your inquiry has not been satisfactorily addressed, you should then contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will serve as a liaison with Sharp Edge to resolve your concerns.

Contacting Us.

Any questions about this Policy should be addressed to support@SharpEdgeMarketing.com.


SHARP EDGE HIPAA POLICY

Last Updated: December 27, 2016

Sharp Edge is committed to maintaining the confidentiality and trust placed in us by our customers. We protect individually identifiable personal and health information such as names, addresses, and Protected Health Information. 

Sharp Edge protects the confidentiality of information it receives by adhering to the requirements of the HIPAA Privacy Rule and the HIPAA Security Rule. The Privacy Rule governs the acquisition, storage, transfer and retention of Protected Health Information, in both electronic and paper formats. The Security Rule covers all information acquired, maintained or transferred electronically. We comply with all business associate obligations under HIPAA/HITECH, enabling us to provide the highest level of service to our customers. Sharp Edge follows the policies and practices it has documented in its HIPAA Privacy Manual and in its HIPAA Security Compliance Plan. These documents cover areas such as:

  • Physical security of electronic equipment used to acquire and store PHI

 

  • Technical safeguards to prevent unauthorized access to PHI
  • Training and awareness for staff members who have access to PHI

We respect the privacy of personal health information and take securing your and your patients’ data seriously. Sharp Edge s services are HIPAA ready and enable practices using the system to comply with its obligations as a Covered Entity.


Cancellation Policy

Last Updated: December 27, 2016

Yearly Plan, Billing , Cancellation, and Refund Policies

Sharp Edge charges and collects in advance for use of our Dashboard and marketing services. All services rendered are non-refundable. Once a customer provides billing information Sharp Edge will charge the deposit fee and first prorated payment due on signing and thereafter on the first calendar day of every month. For example, if you signed up on the 20th, Sharp Edge will bill you for your first prorated months’ subscription that day and then on the 1st day of each subsequent month for the service. Your billing cycle runs on the 1st of every month thereafter until cancelled.  The yearly subscription plan will automatically renew for an additional 12 month period.  Cancellation prior to the end of the 12 month period will result in a cancellation fee equal to the balance remaining on the 12 month plan.

Important: No refunds or credits for partial months, quarters or years of service will be refunded to a customer upon cancellation.