Effective: May 12, 2009.

Welcome to EdgeFoundation.org!

1.    The EdgeFoundation.org Site
Thank you for visiting EdgeFoundation.org (the “Site”), the online access point for Edge Foundation, a 501(c)3 organization dedicated to helping students reach their academic, professional, and social potential through the support of personal coaching.  The Site is owned by Edge Foundation (“we” or “us”).  These Terms of Use (“Terms”) apply to your use of the Site and any services provided through or in connection with the Site (collectively, the “Service”).  If you wish to use the Service, even if you only browse the Site and do not register for access to the student or parent portal or other services, you must agree to these Terms.  If you are under the age of 18, your parent or legal guardian must agree to these terms on your behalf.  If you do not agree to the Terms, any use of the Service by you is unauthorized, and you should stop accessing the Service immediately.  Your continued use of the Service will constitute agreement to these Terms.  Registering as an Edge user will confirm your agreement to these Terms.  By completing your registration and clicking on the “I Accept” button below, you will become a registered user of the Service (a “Registered User”) and you agree to be bound by the Terms for as long as you continue to be a Registered User.  If you do not agree to the Terms, please do not register for the Service.  You acknowledge that you are responsible for reviewing these Terms periodically.  We may modify these Terms at any time in our sole discretion without notice to you, and your continued use of the Service following any such modification means you agree to the modified Terms.

2.    How It Works
The Service provides general information about us, and also allows registered students and parents to request contact information for a professional coach specialized in working with youth with ADHD.  You may not use the Service for any commercial purpose including but not limited to buying, selling, advertising or offering goods or services.

All the contents of the Site (the “Content”) are for informational purposes only.  The Content is not intended to be a substitute for professional health or medical advice, diagnosis or treatment.  You should ask your doctor about any medical condition.

3.    Restrictions on Usage
You agree not to make any use of the Service for any activity:  (1) that is unlawful (whether criminal or tortious) under the laws of any jurisdiction to which you or we are subject; (2) that is commercial, including buying, selling, offering, advertising, or helping another to buy, sell, offer or advertise any goods or services; (3) that constitutes competition with the Service; (4) that involves gaining unpermitted access to other computers or networks through hacking or other means, or the unpermitted use of the username or password of another user; or (5) that interferes with the operation of the Service or places an undue burden on it.

4.    Restrictions on Content
You agree not to make any use of the Service to post or transmit any content that: (1) is unlawful or promotes activity that is unlawful under the laws, statutes, ordinances, or regulations (“Laws”) of any jurisdiction to which you or we are subject;  (2) is harmful, threatening, advocating violence, harassing, defamatory, invasive of the privacy of another, or obscene, all as determined by us in our discretion; (4) includes insider information, or any other proprietary or confidential information;  (5) is an infringement of any patent, trademark, trade secret, copyright, publicity right or other intellectual property right;  (6) is falsified, deceptive or misleading, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise the origin of the content, or lacking author attribution, copyright notice, or any other information necessary to make the Content not misleading; (7) holds us or any of our affiliates, employees or shareholders up to public scorn or ridicule; (8) contains or transmits any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, packet bombs, cancelbots or other computer programs or routines that damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.  The foregoing list is not necessarily exhaustive of types of content we may deem inappropriate for the Service, in our discretion.

5.    Representations About Content
You agree to be responsible for all content posted to the Service under your username or password.  You agree to hold harmless us and our affiliates, officers, employees and independent contractors from any claims, costs or liability incurred as the result of your violation of these Terms.

6.    Our Content: Copyrights and Trademarks
Other than content posted by users, all content of this site or the Service is the property of us or our content suppliers, and is protected by United States and international copyright and other applicable laws.  The compilation of such content is also our exclusive property and is likewise protected by U.S. and international laws.

The names “edgefoundation.org” and “Edge Foundation” are our service marks and may not be used in connection with the goods or services of others in any manner that is likely to cause confusion.  All other marks not owned by us that may appear on this site are the property of their respective owners.

7.    Confidentiality
We take commercially reasonable precautions to protect your information.  Users of the Service expressly agree to the terms set forth in the Edge Foundation privacy policy, which describes how we may collect, use or disclose your information when you use the Service.  You may choose to disclose your personal information to a third party who provides coaching service and whose name you received from us (“Edge Coach”).  Each Edge Coach is a separate and distinct individual or entity completely independent from us.  If you accept services offered by an Edge Coach, such agreement is solely between you and the Edge Coach.  We are not responsible for the privacy practices of Edge Coaches.

Except as otherwise provided in this Agreement and the Edge Foundation privacy policy, we will make a commercially reasonable effort to keep confidential all information supplied to us by you, including credit card number(s) and other financial information, and shall use or disclose such information consistent with the Edge Foundation privacy policy.  For additional information about the collection and possible use of information provided by you, please consult Edge Foundation’s privacy policy.

8.    Disclaimer of Warranties and Limitation of Liability
YOU AGREE THAT THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.  We do not warrant that the Service will be available at any given time, secure, accurate or free of error.  You use the Service at your own risk, and you assume the risk that technical issues may cause the Service to provide incorrect or incomplete information to you.
YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.  THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE.

Although we require all professionals who want to become Edge Coaches and offer coaching through the Service to complete (i) a written application, (ii) a pre-screening process, and (iii) a specialized training in coaching youth with or without ADHD, we do not guarantee and are not responsible for any professional who is approved and designated an Edge Coach.  No information located on the Service should be interpreted as financial or investment, medical or health, or legal advice, or interpreted to create any kind of financial advisor-client, doctor-patient, or attorney-client relationship between you and an Edge Coach.  We are not your agent, fiduciary, trustee or other representative.

9.    No Guaranteed Availability
We reserve the right at any time and from time to time to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to you. You agree that we will not be liable to you for any modification, suspension or discontinuance of the Service.

10.    Termination of Service to You
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Service under any provision of these Terms may occur without prior notice to you, and you also agree that we will not be liable to you for any termination of your access to the Service.

11.    Indemnity
You agree to indemnify, defend and hold harmless Edge Foundation and its officers, directors, and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature arising out of or in connection with your use of the Service.

12.    Copyright Notice and Takedown Policy
If you are a copyright owner and you believe your work has been copied and used improperly on our service, please contact our copyright compliance officer.  Please provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the Service; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.

Contact our copyright compliance officer:  Copyright Agent, c/o Edge Foundation, 2017 Fairview Avenue East, Suite 1, Seattle, WA  98102.

13.    Governing Law and Dispute Resolution
These terms will be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of laws principles that would require the application of the laws of any other state.  Venue in any action arising hereunder shall be in the state and federal courts located in King County, Washington.  Before resorting to such measures, we encourage you to first contact us directly to seek a resolution.

14.    Severability & Waiver
The invalidity of any term or provision of these Terms will not affect the validity of any other provision.  Waiver by us of strict performances of any provision of these Terms will not be a waiver of or prejudice our right to require strict performance of the same provision in the future or of any other provision of these Terms.

15.    Entire Agreement
These Terms constitute the entire agreement between you and us as to their subject matter, and there are no other terms, conditions, or obligations between the parties relating to the use of the Service, other than those contained in these Terms.

© 2009 Edge Foundation