Terms of use

These Terms of Use (“Terms of Use”) govern all access, use and provisioning of the Services provided to you (“You” and “Your”) by SPEEDA Edge, a product of Uzabase USA, Inc., (collectively “SPEEDA Edge,” the “Company,” “we” or “us”). You and SPEEDA Edge are each identified herein as a “Party.”

Please read these Terms carefully. By accessing, browsing or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to You, You (1) acknowledge that You have read and understood these Terms, (2) represent and warrant that You meet all of our eligibility requirements for using the Services as described in these Terms, and (3) accept and agree to be bound by these Terms, including any other terms applicable to the Services that are incorporated herein by reference. If You are using the Services on behalf of an entity, You are agreeing to these Terms for that entity and are representing to us that You have the authority to bind that entity to these Terms (in which case “You” will refer to that entity). BY ACCESSING AND USING THE SERVICES YOU ARE INDICATING YOUR ACCEPTANCE TO THESE TERMS OF USE AND ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MUST NOT ACCEPT THESE TERMS OF USE AND YOU MAY NOT ACCESS OR USE THE SERVICES OR CONTENT.

1. Definitions
   1. “Agreement” means these Terms of Use, together with all Ordering Document(s) and any other documents executed by and between You and SPEEDA Edge that reference these Terms of Use.
   2. “Services” means the online and/or offline applications which support Your marketing, sales, or other related activities provided by SPEEDA Edge via the site of SPEEDA Edge.
   3. “Contents” means all materials provided by SPEEDA Edge via the Services including, but not limited to information, text, news articles.
   4. “Ordering Document” means each separate online, electronic, or physical document made by SPEEDA Edge describing the Term, Fees and pricing and any other terms and conditions stated therein.
   5. “Authorized User” means the user who is authorized by You to use the Services.
   6. “Fees” means fees for the Services that are identified in the Ordering Document and these Terms of Use.
   7. “Customer Data” means proprietary data provided by You to SPEEDA Edge in connection with the Services.
2. Services
   1. SPEEDA Edge agrees to provide You the Services set forth in the Ordering Document and these Terms of Use. The Services may include access to and/or use of Contents. SPEEDA Edge will make the Services available to You via password-protected online access accessible by You with usernames and passwords (an “Account”). Subject to these Terms of Use herein, SPEEDA Edge grants to You a non-exclusive, non-transferable license to access and use the Services in accordance with the Agreement.
   2. If You create an Account, You are solely responsible for any activity that occurs through Your Account. In order for us to provide You the best possible service, You agree to provide us with complete, accurate, and updated information for Your Account at all times. You agree that all information that You submit upon creation of Your Account is accurate and truthful and You have the right to post the content on the Service and grant a license to SPEEDA Edge. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
   3. You should not share Your Account information. You should not use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use Your Account without permission. You are solely responsible for keeping Your Account and Account password secure and for any consequence resulting from Your failure to do so. You should never publish, distribute, or post login information for Your Account.
   4. We have the right to disable any user name, password or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, (i) in our opinion, You have violated any provision of these Terms or (ii) we cannot provide the Services to the country in which You or Authorized Users are located due to any restrictions under agreements with third party licensors or local laws and regulations. You can always delete Your Account by emailing us at support@sp-edge.com, however, deleting Your Account during the Term of an Ordering Document will not terminate that Ordering Document or result in a refund of any Fees.
   5. The Services and Contents will be provided as-is and may be updated and amended from time to time throughout the Term. You understand and acknowledge that the Contents will change over time as the data is updated. Certain portions of the Services may be provided by SPEEDA Edge’s third party licensors, and SPEEDA Edge’s ability to provide such information may be subject to the willingness of such licensors to continue to contract with SPEEDA Edge.
   6. Although we aim to offer You the best service possible, we make no promise that the Services will meet Your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in our Services, please report it to us at support@sp-edge.com and we will review Your complaint and, where we determine it appropriate to do so, correct the fault. We will not be liable to You if the Services are unavailable from time to time. Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can.
   7. SPEEDA Edge may use the log data to improve the accuracy of analysis of Service.
3. Third Party Materials
   1. We may provide links to third party websites or services for You to access. You acknowledge that any access is at Your sole discretion and for Your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites and services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
   2. You understand that the Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”). For clarity, the term “Contents” as defined in Section 1.3 includes Third Party Materials. In consideration for SPEEDA Edge allowing You to use the Services, You agree that we, our affiliates, and third party partners may place advertising on the Services.
   3. You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We expressly disclaim any responsibility for all aspects of the Third Party Materials and You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any Third Party Materials.
   4. You acknowledge and agree that You will not (i) redistribute any Third Party Materials that may be made available to You through the Services nor will You (ii) publish, publicly display, or otherwise provide any Third Party Materials without such third party’s prior written approval, which such third party may withhold in its sole discretion.
   5. You acknowledge and agree that SPEEDA Edge does not guarantee the availability of any Third Party Materials and makes no representations as to whether You will be able to access such Third Party Materials without interruption.
   6. Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in these Terms grants You any license to third party trademarks or content, which shall remain the property of their respective owners.
4. Ownership
   1. You acknowledge and agree that, as between You and SPEEDA Edge, the Contents (including, without limitation, the content, layout, functions, design, appearance, trademarks, service marks, copyrights, patents, and other intellectual property comprising the Contents, and any modifications, enhancements or derivative works of the foregoing) are the property of SPEEDA Edge, whether or not they are trademarked, copyrighted, or patented. You acknowledge and agree that this Agreement does not transfer any ownership, right, title, or interest in the Contents, nor any part thereof, except the limited license provided hereunder, and You expressly disclaim and waive any and all claims to any ownership interest in any such information or materials. These restrictions shall apply to any Third Party Materials, Contents and information that is licensed to SPEEDA Edge by a third party licensor for the benefit of both SPEEDA Edge and the relevant third party owner and licensor. This includes, without limitation, any Contents that You download, print, save, or incorporate into other materials. You further acknowledge and agree that the Contents, in whole or in part, are unique, special, and valuable. Subject to the limited rights expressly granted hereunder, SPEEDA Edge, its affiliates and/or its licensors reserve all right, title, and interest in and to the Contents, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.
5. Eligibility
   1. We only permit individuals who are at least 18 years old, or the age of majority in Your province, territory or country, and who can form legally binding contracts with us to use the Services. Individuals under the age of 18, or the applicable age of majority, (“Minors”) may utilize the Services only with the consent and support of a parent, legal guardian or other qualified adult. If You are a parent or guardian and You allow Your Minor to use the Services, You agree to be bound by the Minor’s use of the Services and by these Terms. If You are a Minor and do not have the requisite parent or guardian consent, please do not attempt to access or use the Services.
   2. You can only use or receive the Services to the extent the laws of Your jurisdiction or the United States do not bar You from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to You. You are solely responsible for ensuring compliance with the laws of Your specific jurisdiction.
6. Authorized Use of Services
   1. You shall be entitled to designate and authorize a certain number of persons to use the Services on Your Account as stated in the Ordering Document (the “Authorized Users”). Each Authorized User will be provided a unique username and password. Such usernames and passwords may not be shared and may not under any circumstances be used by anyone who is not an Authorized User. You shall be responsible for compliance with these Terms of Use by all Authorized Users, including, without limitation, the restrictions on use and transfer of Contents set forth herein. You acknowledge and agree that Authorized Users must provide SPEEDA Edge with certain identifying information, including, but not limited to their name and a business email address, and that Authorized Users may be required to agree to SPEEDA Edge’s privacy policy and representing that they are authorized to access the Services on Your behalf.
   2. You shall not designate any person as an Authorized User unless such person is: (1) a natural person and (2) an employee of You. If the employment of any Authorized User terminates, such person’s authorization to access the Services shall be revoked automatically without any further action by SPEEDA Edge. In the event of a termination as described in the previous sentence, You shall promptly notify SPEEDA Edge and take all reasonable steps to ensure that such person ceases accessing the Services.
7. Restrictions
   1. You agree to (i) use the Service and Contents for Your internal business or personal use; (ii) use the Contents in compliance with the Agreement and to be responsible for Authorized User’s use of Contents; (iii) indemnify SPEEDA Edge for any third party claims arising from Your and/or Authorized Users’ use of the Contents in breach of the Agreement and/or applicable laws or regulations.
   2. You agree not to (i) use the Services or Contents except as expressly authorized in these Terms of Use; (ii) copy, modify, or create derivative works of the Services and Contents; (iii) use any device, software, or routine that (a) interferes with any application, function, availability or use of the Services, or (b) is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication; (iv) decompile, disassemble or reverse-engineer the underlying software that is part of the Services or otherwise attempt to derive its source code or any portion thereof; (v) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services; (vi) use bots or other automated methods to access the Services or Contents; (vii) access the Services or Contents in order to build, license or otherwise distribute a competitive service or product; (viii) frame or mirror the Services or the appearance or function of the Services; (ix) use the Services or Contents for purposes of evaluating SPEEDA Edge’s products, services or data, including performance, accuracy, benchmarking or other comparative analysis without SPEEDA Edge’s express written consent; (x) use the Services or Contents either directly or indirectly for any illegal, unauthorized or otherwise improper purposes, or in any manner that would violate this Agreement, or breach any laws or regulations, or violate the rights of third parties; (xi) attempt to gain unauthorized access to, or disrupt the integrity or performance of the Services, (xii) resell, lease, share, transfer, sublicense, distribute, or otherwise share the Services and/or Contents with any third party, directly or indirectly, including but not limited to any data broker, ad network, ad exchange, or other advertising or monetization-related party; (xiii) use the Contents for the purpose of compiling, supplementing, or amending any mailing list, business directory, or like compilation of information that is distributed to a third party, other than as which may result or be the output of analytical or other processing by Service; (xiv) use the Services or Contents for any purpose except the business-to-business sales, marketing, recruiting, or business development activities of You; (xv) use the Contents to market products or services of any kind to individual consumers; (xvi) use the Contents in evaluating any consumer with respect to credit worthiness, a financial, insurance or employment decision, or with respect to eligibility for any government-granted license or benefit, (xvii) use the Services or Contents for the benefit of or on behalf of any person or entity except You; and/or (xviii) authorize, permit or enable Your users or any third parties to do any of the above.
   3. Except as expressly permitted as a function of the Services, You agree not to download any Contents from the Services. You further agree not to redistribute the Contents You have downloaded from the Services.
8. Customer Data
   1. You grant SPEEDA Edge a worldwide, royalty-free, limited license to use Your Customer Data sent to SPEEDA Edge for the purpose of improving or development of the Services (including new services of the Company and Uzabase, inc. or its subsidiaries), and SPEEDA Edge has no responsibility for the accuracy of such Customer Data.
9. Term
   1. The Services will be effective during the term specified in the Ordering Document (“Term”) and will automatically renew by one year unless either party provides the other party with written or email notice of its intention not to renew at least thirty (30) days prior to the first date of the next renewed Term (which is the Next Renewal Date if specified in the Ordering Document). For clarity, when Start Date and Next Renewal Date are specified in the Ordering Document, the initial Term is from the Start Date until the date before the Next Renewal Date.
   2. We may suspend or terminate Your use of the Services as a result of Your fraud or breach of any obligation under these Terms of Use. Such termination or suspension may be immediate and without notice. A breach of these Terms of Use includes, without limitation, the unauthorized copying or download of content from the Services.
   3. Without limiting any other remedies expressly made available under the Agreement, SPEEDA Edge may immediately suspend access to the Services and Contents and/or temporarily or permanently deactivate Your account, in its sole discretion, if SPEEDA Edge reasonably determines that (a) Your actions are materially interfering with, causing substantial harm to, and/or disrupting the Services or are causing material legal liability to SPEEDA Edge, its licensors or other customers; (b) You, or You are enabling third parties to engage in any of the restricted activities or actions stated in Section 7.2 of these Terms of Use. In the event that SPEEDA Edge suspends Your access to the Services and Contents, SPEEDA Edge will use commercially reasonable efforts to provide contemporaneous notice to You. SPEEDA Edge may immediately terminate all Ordering Documents (and all committed fees and past due fees shall accelerate and become immediately due and owing) if it reasonably believes You have ceased to do business and/or have filed a petition for bankruptcy.
   4. You agree that SPEEDA Edge shall not be liable to You or to any other third party for any suspension or termination of the Services pursuant to Section 9.2 and 9.3.
10. Fees and Payment
    1. Other than as expressly set forth herein or in the Ordering Document, (i) the entire amount of all applicable Fees for the Term will be invoiced at the beginning of the Term and (ii) you shall pay to SPEEDA Edge the invoiced Fees within NET 30 days from the date of the invoice in one lump sum.
    2. In the course of Your use of the Services, third party payment service providers may receive and implement updated credit card information from Your credit card issuer in order to prevent Your payment or subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment service providers at the sole discretion of Your credit card issuer. Your credit card issuer may give You the right to opt-out of the update service. Should You desire to do so, please contact Your credit card issuer.
    3. Our obligation to provide the Services only comes into being when we take receipt of Your payment of all applicable Fees. You agree not to hold us responsible for banking charges, credit card processing fees and any other fees incurred due to payments on Your account.
    4. Payments must be made in U.S. dollars unless another currency is expressly identified in the Ordering Documents. All amounts payable by You under this Agreement will be paid to SPEEDA Edge without setoff or counterclaim, and without any deduction or withholding. SPEEDA Edge’s acceptance of partial payment or any payment of less than the full amount payable at any given time shall not constitute a waiver or release of SPEEDA Edge’s right to unpaid amounts.
    5. If You fail to timely make any payment of Fees, SPEEDA Edge may, in its sole discretion, take any or all of the following actions: (i) restrict or suspend Your access to the Services or Contents without any liability until all past-due payments are made, (ii) terminate this Agreement, or (iii) accelerate the payment of Fees such that all unpaid Fees shall be immediately payable. SPEEDA Edge shall have the right to charge interest at the rate of 1.5% per month (or, if less, the highest rate permitted by law) on any late payments. Restriction or suspension of Your online access to the Services or Contents during the period of non-payment shall have no effect on the Term of this Agreement nor on Your obligation to pay the Fees. All Fees paid are non-refundable even if the Agreement is terminated during the Term.
    6. You are responsible for any applicable taxes, including, without limitation, any sales, use, levies, duties, or any value added or similar taxes payable with respect to Your subscription and assessable by any local, state, provincial, federal, or foreign jurisdiction. Unless expressly specified otherwise in the Ordering Document, all Fees, rates, and estimates exclude sales taxes. You shall indemnify, defend, and hold harmless SPEEDA Edge and its officers, directors, employees, shareholders, agents, partners, successors, and permitted assigns against any and all actual or threatened claims, actions, or proceedings of any taxing authority arising from or related to the failure to pay taxes owed by You, except to the extent that any such claims, action, or proceeding is directly caused by a failure of SPEEDA Edge to remit amounts collected for such purpose from You. SPEEDA Edge is solely responsible for taxes based upon SPEEDA Edge’s net income, assets, payroll, property, and employees.
11. Privacy
    1. Your use of, and participation in, the Services offered by the Company is subject to the terms set forth in our privacy policy located at “Privacy Policy” (the “Privacy Policy”). Our Privacy Policy details how we collect and use your information.
12. Disclaimer; Limitation of Liability
    1. SPEEDA Edge is not responsible for damages suffered by You for Your actions taken in reliance on SPEEDA Edge supplied Contents, including losses for purchases or sales of any securities or investments or delays in removing, inaccurate, unlawful or otherwise objectionable information. Except as expressly provided, SPEEDA Edge is not responsible or liable for the accuracy, completeness, reliability, or availability of the Services or Contents. You assume sole responsibility and liability for Your use of the Services, including, without limitation, any Contents that are accessed therein.
    2. SPEEDA Edge is not, through the Services or Contents, offering any information that is, or should be construed as financial advice. SPEEDA Edge does not offer advice on any investments, and any information made available through the Services or Contents should not be relied upon to the extent that You intend to make any financial decisions. SPEEDA Edge does not owe You any fiduciary duty nor does SPEEDA Edge have any obligations to ensure accuracy of the information made available through the Services or Contents.
    3. SPEEDA Edge shall not be liable for any loss or damage resulting from total or partial loss of Your data or from any corruption of Your data. Data can get lost or become corrupt as a result of a number of causes, including hardware failures, software failures or bugs, or communications failures. SPEEDA Edge recommends that You periodically backup Your information and web summaries onto media not associated with SPEEDA Edge, including printing a hard copy.
    4. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY THE COMPANY OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES OR ANY CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
    5. IN NO EVENT WHATSOEVER SHALL THE COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE SERVICES OR FEATURE RELEVANT TO THE CLAIM, OR (2) US$500.00.
    6. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Indemnity
    1. You will defend and hold harmless SPEEDA Edge and its subsidiaries and licensors and their respective officers, directors, employees, contractors and other agents (individually and collectively, the “SPEEDA Edge Indemnitees”) against any third party claim (a) that the data You provide and/or Your use of Contents infringes its copyright or trademark rights or has otherwise harmed a third party or violates applicable law, (b) arising from or related to Your breach of these Terms of Use or (c) arising from or related to Your unlawful redistribution of Contents and/or Services. You will indemnify SPEEDA Edge from and against any associated damages, liability or costs, or attorney’s fees awarded by a court of final appeal or settlements. Your indemnity obligation shall not apply to the extent any such claims are adjudicated by the authorized state or federal courts to have been caused by SPEEDA Edge’s violation of applicable law.
14. General
    1. No Third Party Beneficiaries. The Agreement is intended for the sole and exclusive benefit of the Parties and is not intended to benefit any third party, unless otherwise explicitly permitted in the applicable order by SPEEDA Edge.
    2. Assignment. No rights or obligations under the Agreement may be assigned or delegated without the prior written consent by SPEEDA Edge, and any assignment or delegation in violation of this section shall be void.
    3. Agency, Compliance with Law. No agency, partnership, joint venture, or employment is created as a result of the Agreement. Each Party must abide by all applicable laws and regulations in connection with the Services and the Agreement and any other use terms applicable as provided herein. All notices shall be in writing and are deemed given when received/delivered.
    4. Dispute Resolution. This Agreement shall be governed by the laws of the State of New York. The state and federal courts located in New York shall have sole and exclusive jurisdiction to resolve any and all claims or disputes arising out of or in connection with the Agreement and any portion thereof.
    5. Trademarks. “SPEEDA Edge” and related words and design marks are trademarks of SPEEDA Edge (“SPEEDA Edge Marks”). You agree not to remove any SPEEDA Edge Marks or any copyright notices that are contained within and/or affixed to the Services. Except with respect to the foregoing, You agree not to display or use in any manner the SPEEDA Edge Marks without SPEEDA Edge’s prior written permission. SPEEDA Edge shall be permitted to line-list You as a customer and use Your standard logo for SPEEDA Edge’s promotional and marketing use during the Term.
    6. Modification. To the maximum extent permitted under law, SPEEDA Edge reserves the right to add to, delete and otherwise modify the terms and conditions of these Terms of Use at any time, effective upon the posting of an updated version of these Terms of Use and email notification to You. Continued use of the Services after any such changes shall constitute Your consent to all such changes.
    7. Entire Agreement. The Agreement constitutes the entire Agreement of the parties and supersedes all prior communications, understandings, and agreements relating to the subject matter hereof, whether oral or written. To the extent of any direct conflict or inconsistency between a clause contained in these Terms of Use and any Ordering Document, the terms of such Ordering Document shall prevail to the extent of the conflict and all other terms and conditions of both documents shall otherwise remain in full force and effect.
    8. No Waiver. The failure of either Party at any time to require performance of the other Party of any provision of these Terms of Use shall in no way affect that Party’s right to enforce such provisions, nor shall the waiver by either Party of any breach of any provision of these Terms of Use be taken or held to be a waiver of any further breach of the same provision.
    9. Release. You release the Company and our successors from all losses, damages, rights, and demands and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arise from Your use of the Services (collectively, “Claims”). If You are a California resident, You hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, which, if known by him would have materially affected his settlement with the debtor.” This release does not apply to any Claims for unconscionable commercial practice by the Company or fraud, deception, false, promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services.
    10. Comments, Concerns and Complaints. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: support@sp-edge.com.

Date of last update: December 15, 2022