THE EDGE TERMS OF USE

Effective Date: September 1, 2026
Version 1.0
Website: SandmanEdge.com

1. INTRODUCTION AND ACCEPTANCE OF TERMS

Sandman Sports, LLC (“Sandman,” “we,” “our,” or “us”) owns and operates SandmanEdge.com and The Edge, a sports prediction, analytics and informational platform (“The Edge”), that provides sports-related data, analysis, predictions, model outputs, rankings, ratings, picks, projections, research and other content and services (collectively, the “Services”).

THESE TERMS ALSO CONTAIN DISCLAIMERS OF WARRANTIES, AND DISCLAIMERS OF LIABILITY THAT AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US, AS WELL AS AN INDEMNIFICATION PROVISION THAT MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT USE THE SERVICES. PLEASE READ THESE TERMS CAREFULLY.

By creating an account, or otherwise accessing and using the Services, you as the account owner or user (hereafter “you”, “yours”, or “user”) agree to be bound by these Terms and all applicable rules that may be published on the Services by Sandman, as well as any applicable contest and/or promotion terms and conditions, which form a legal agreement between you and us.

2. ELIGIBILITY

You represent and warrant that you have the legal right and ability to agree to these Terms and that you have read, understood, and agree to the Terms with the intent to be legally bound by them prior to checking any box and/or confirming your agreement to the Terms.

By accessing the Services, you represent and warrant that you are the minimum age required. The Edge is intended for adults ages 18 and older. By creating an account, subscribing to, or otherwise using The Edge, you represent and warrant that you are at least 18 years old.

You are solely responsible for ensuring your eligibility to access and use any of our Services.

Sandman verifies applicable accounts for age and eligibility using applicable legal guidelines. If minors (as defined under applicable statute) have access to your computer or mobile device, please consider adding parental controls to prevent access to The Edge.

We reserve the right, at our sole discretion, to make changes to these Terms at any time. If we supplement, supersede, or make changes to these Terms, such amended Terms will be posted here, and will take effect immediately, unless otherwise stated. We may, but shall not be required, notify you by e-mail or other means regarding any material changes to these Terms. Whether you receive or review such notice, you agree that you will be bound by any such changes and that it is your responsibility to check these Terms prior to accessing and/or using the Services. Your further use of the Services after any such changes are posted shall constitute further consent and agreement to the Terms as changed or amended.

3. DESCRIPTION OF THE EDGE

The Edge is a sports prediction and analytics platform designed to provide users with information and analysis regarding sporting events.

The Services may include:

Sandman may add, remove, modify or discontinue any portion of the Services at any time.

4. INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY

All information, predictions, picks, projections, ratings, rankings, analysis and other content provided through The Edge are provided solely for informational and entertainment purposes.

Sandman makes no representation, warranty or guarantee regarding the accuracy, reliability, completeness, timeliness, profitability or outcome of any prediction, pick, projection, confidence rating, recommendation, analysis or other information provided through the Services.

No prediction, pick, rating or other information provided by The Edge guarantees the outcome of any sporting event or any financial result. Past performance of The Edge, any model, methodology, prediction, pick or strategy is not necessarily indicative of future results.

You acknowledge and agree that you are solely responsible for evaluating any information provided through the Services and for any decisions you make based upon that information.

5. THE EDGE IS NOT A SPORTSBOOK

The Edge is not a sportsbook, gambling operator or wagering service.

Sandman does not accept or place sports wagers through The Edge, does not place wagers on behalf of users, and does not guarantee that any wager or other decision made based upon information provided through The Edge will be successful or profitable. Any decision to place a wager or otherwise use information obtained through The Edge is made independently by the user and at the user's sole discretion and risk. Nothing provided through The Edge constitutes financial, investment, legal or tax advice.

6. PREDICTIVE MODELS AND ARTIFICIAL INTELLIGENCE

The Edge may use proprietary algorithms, statistical models, artificial intelligence, machine learning, historical information, third-party data and other methodologies to generate predictions, ratings, analysis and other content.

Model outputs may contain errors, omissions, inaccuracies or unexpected results. Information used by the models may also be incomplete, inaccurate, delayed or subsequently changed.

Confidence ratings and similar measurements represent outputs of Sandman's models and methodologies. They should not be interpreted as guarantees of an outcome or as representations of the actual probability that a particular sporting event will occur in the manner predicted.

You should independently evaluate information provided through The Edge before relying upon it.

7. SPORTS DATA, ODDS AND OTHER INFORMATION

The Edge may rely upon sports statistics, betting lines, odds, injury information, schedules, rosters, weather information and other data obtained from Sandman and/or third-party data providers.

Sandman and its third-party providers use reasonable efforts to provide accurate and timely information, but Sandman cannot and does not guarantee that all information available through the Services will be accurate, complete, current or error-free.

Betting lines and odds may move. Players may become unavailable. Starting lineups may change. Games may be postponed or canceled. Weather conditions may change. Injuries and other developments may occur after information, predictions or analysis have been published.

Accordingly, information displayed by The Edge may become outdated after it is published or generated. Users are responsible for independently confirming information they consider relevant before making decisions based upon it.

8. ACCOUNTS

You must create an account to access certain parts of our Services. You agree to provide accurate, current and complete information about yourself and to maintain and promptly update any account information to keep it accurate, current, and complete. Only one (1) account per verified user is permitted. Your account is unique to you and non-transferrable. For the avoidance of doubt, you may not “co-own” an account with another person or entity. You may not use a username for your account that promotes a commercial venture or a username that we determine, in our sole discretion, is offensive or otherwise violates these Terms. We may require you to change your username or may unilaterally change your username without notice to you, in our sole discretion. You agree that the sole and specific purpose of creating an account on The Edge is to access The Edge Services.

You are solely responsible for maintaining the confidentiality of your account, including protecting your login credentials and restricting access to your devices. You agree that you shall take all steps necessary to protect your login details and keep them secret. You accept responsibility for all activities that occur under your account and/or from your devices. If you have reason to believe that someone is using your account without your permission, you should contact us immediately.

You consent to transact with us electronically and receive legal notices and other communications electronically, including by e-mail, text messaging, push notifications (in accordance with your device settings), and/or by notices posted on the Services. You agree that any requirement that a communication be sent to you in writing is satisfied by such electronic communication and that you are responsible for maintaining an Internet browser, mobile device or computing equipment capable of accessing the Services and said electronic communications.

You are solely responsible for ensuring your eligibility to participate in any of our Services. Any use of Services for which you are not eligible shall void any rights to which you may otherwise be entitled pursuant to these Terms.

In the event you are noncompliant or deemed ineligible to access or utilize the Services in our sole and absolute discretion, we reserve the right to i) report unusual or suspicious activity to the proper authorities; ii) terminate, suspend, or restrict your access to your account; iii) restrict your access to the Services for which you are deemed ineligible; and/or iv) disable your use of a portion of the Services to the maximum extent allowable by law.

9. SUBSCRIPTIONS AND BILLING

The Service may offer free and paid subscription plans. By subscribing to a paid plan, you authorize Sandman and its third-party payment processor to charge your payment method on a recurring basis at the applicable subscription rate. Paid subscriptions renew automatically unless canceled. Fees are non-refundable unless required by law.

Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.

Price Changes: Sandman reserves the right to change subscription prices with at least 14 days’ notice via e-mail or push notification.

Taxes: Subscription prices may be subject to applicable taxes, which will be added to your billing amount as required by law.

10. FREE TRIALS

Sandman may offer eligible users a free trial of The Edge.

Unless otherwise stated at signup, the free trial period is seven (7) days. A valid payment method may be required to begin a free trial. Unless you cancel before the end of your free trial, your subscription will automatically convert to a paid subscription at the price and billing frequency disclosed when you enrolled, and your payment method will be charged accordingly.

If you cancel during your free trial, your subscription will not convert to a paid subscription, but you may continue accessing The Edge through the remainder of your seven-day trial period.

11. CANCELLATION OF PAID SUBSCRIPTIONS

You may cancel your paid subscription at any time through your account setting or by contacting us at support@sandmansports.com. Cancellation takes effect at the end of the current billing period, and you will retain access to paid features until that date. If you cancel your subscription by contacting support@sandmansports.com, you must provide notice of cancellation at least 3 days before the start of the next billing period.

Deleting an account does not constitute cancellation of a subscription unless expressly indicated by Sandman.

12. REFUNDS

All subscription fees are non-refundable except when required by applicable law. We do not provide prorated refunds for unused portions of a subscription period. If you believe you were charged in error, contact us within 30 days of the charge at support@sandmansports.com and we will review your request.

Nothing in these Terms limits any refund rights that cannot lawfully be waived.

13. FAILED PAYMENTS

If Sandman or its payment processor is unable to successfully process a subscription payment, Sandman may attempt to process the payment again and/or suspend or terminate access to paid portions of The Edge.

You remain responsible for amounts properly incurred before cancellation or termination.

14. INTELLECTUAL PROPERTY

We own or license the Services, including, without limitation: all software, text, graphics, tools, links, code, recommendations, and other content or material provided in or through use of the Services, and all worldwide intellectual property rights in the foregoing.

We grant you a limited, personal, revocable, non-transferable and non-exclusive right and license to access and use the Services, in accordance with these Terms, for your personal and non-commercial use, as the Services were intended to be used. Any software provided through or used to operate the Services is licensed, not sold, to you by us, and such license is limited to object code only. Such software may include algorithms, predictive models, methodologies, model outputs, confidence ratings, rankings, predictions, analysis, and databases. Please note that our Services contain software governed by the license of a third-party, and you agree to abide by the terms and conditions of the same by using the Services. Except as expressly permitted herein, you must not, nor enable any other person to, rent, lease, lend, sell, redistribute, sublicense, copy, reverse engineer, decompile, translate, modify, rent, use as a service bureau, distribute copies of, adapt, create derivative works based on, or otherwise inappropriately use the Services.

Any trademark, service mark, copyright, logo, tradename, and/or the like (collectively, the “Marks”) contained in the Services, whether or not appearing in large print or with the trademark symbol, belongs exclusively to us or our licensors, and you may not use or display such Marks without our express written permission. Nothing in these Terms grants you any right to use our, or any third-party’s, Marks.

You may choose to provide Sandman with feedback regarding the Services, including but not limited to the same being in the form of ideas, suggestions, proposals, and/or examples (whether the same is solicited by Sandman or not) (collectively, the "Feedback"). You hereby agree to provide an exclusive, perpetual, irrevocable, worldwide, royalty-free license, with the right to sub-license, in connection with any and all of your relevant intellectual property and/or other rights in the Feedback, to Sandman such that it may use, publish, disclose, display, perform, copy, make, sell, commercialize, and/or exploit (for payment or otherwise) the Feedback in any manner and via any medium that Sandman chooses, without any requirement to reference You as a source or provide any consideration.

15. PROHIBITED CONDUCT

When accessing and/or using our Services, you agree that you will not: (a) use our Services for fraudulent or abusive purposes; (b) use our Services in violation of any applicable law, regulation, or requirement, and/or the intellectual property, privacy, or similar rights of us or any other person; or (c) otherwise take any action that you know or reasonably should know is improper, unfair, fraudulent, or otherwise adverse to the operation of the Services or in any way detrimental to us or other users. Without limitation, you agree not to:

If we have reason to suspect or learn that you are violating these Terms, we may investigate, prohibit any and all current or future use of the Services by you, and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation.

16. THIRD-PARTY SERVICES

Our Services may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that Sandman is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Sandman is not responsible for your use of said third-party sites. Sandman encourages you to review said privacy policies of third-party sites.

Sandman's inclusion of a link and/or access to a third-party website or platform as part of the Services does not constitute or imply our endorsement, advertising, or promotion of such websites or platforms, or any material made available thereon. We make no guarantee as to the content, functionality, or accuracy of any third-party website or platform.

By accessing a third-party website or platform, you accept that we do not exercise any control over the same and have no responsibility for them. Third-party websites or platforms may collect data or solicit personal information from you. We are not responsible for the privacy or security policies or practices, or for the collection, use, or disclosure of any information those sites/platforms may collect. It is always best to first read and understand the terms of service and privacy policies applicable to any third-party website or platform before you access it.

17. MODIFICATIONS AND AVAILABILITY OF THE SERVICE

Sandman reserves the right to modify or discontinue the Services with or without notice. Sandman shall not be liable to you or any third party should Sandman exercise its right to modify or discontinue the Services. You acknowledge and accept that Sandman does not guarantee continuous, uninterrupted, or secure access to the Services and operation of the Services may be interfered with or adversely affected by numerous factors or circumstances outside of Sandman’s control.

18. DISCLAIMER OF WARRANTIES

EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SANDMAN AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. 

SANDMAN IS NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM USE OF THE SERVICES OR ANY OF THE PRODUCTS PURCHASED. THE MATERIALS AND PRODUCTS ARE PROVIDED “AS IS.” SANDMAN MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO, AND SPECIFICALLY DISCLAIMS LIABILITY FOR, THE AVAILABILITY, USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY OR COMPLETENESS OF THE SERVICES OR ITS CONTENT.

SANDMAN MAKES NO WARRANTY OR REPRESENTATION THAT: (a) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; or (b) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL OR PRODUCTS PURCHASED OR OBTAINED FROM THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING, OR OBTAINING ANY CONTENT FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, AND AS APPLICABLE, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND/OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CIRCUMSTANCES, OUR WARRANTIES AND LIABILITY THEREFROM WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

19. LIMITATION OF LIABILITY

IN NO EVENT WILL SANDMAN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SERVICES OR PURCHASES MADE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF SANDMAN HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE OR ACCESS THE SERVICES, SERVICES, OR CONTENT; (b) MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; (c) LATE SHIPMENT OR DELIVERY, OR DAMAGE TO GOODS IN TRANSIT (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ABOUT THE SERVICES, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUTE; OR (f) THE LOSS OF ANY DATA, INFORMATION, OR CONTENT SUBMITTED OR POSTED TO THE SERVICES.

IN NO EVENT WILL SANDMAN’S LIABILITY OR THE LIABILITY OF SANDMAN’S LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS IN CONNECTION WITH YOUR USE OF THE SERVICES, UNDER ANY THEORY OF RECOVERY, EXCEED $300.00.

FORCE MAJEURE: SANDMAN SHALL NOT BE LIABLE FOR ANY ACTIONS OR FAILURE TO ACT DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, ACTS OF USER, ACTS OF CIVIL OR MILITARY AUTHORITY, CYBERATTACKS, FIRES, STRIKES, FLOODS, EPIDEMICS, QUARANTINE RESTRICTIONS, WAR, RIOTS, DELAYS IN TRANSPORTATION, AND LABOR SHORTAGES.

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

20. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sandman and its parents, subsidiaries, affiliates, and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including reasonable attorneys’ fees and court costs), claims, and/or actions of any kind whatsoever arising or resulting from your use of the Services, your violation of these Terms, and any of your acts or omissions that implicate publicity rights, defamation, and/or invasion of privacy.

Sandman reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Sandman in the defense of such matter.

21. TERMINATION

We may suspend, change, or terminate these Terms and/or your access to the Services or portions of the Services immediately and without notice, for any reason, including without limitation: (a) your breach of these Terms; (b) a request by law enforcement or other government agency; (c) our discontinuation of or material modification to the Services; (d) an unexpected technical or security issue or problem; and/or (e) your inactivity.

22. CUSTOMER SERVICE AND INFORMAL DISPUTE RESOLUTION

Sandman’s customer service team is available at support@sandmansports.com to address any concerns you may have regarding the Services. You and Sandman agree to use best efforts through its Customer Service to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition precedent to either party prior to initiating formal dispute resolution proceedings.

Initial Dispute Resolution Process

Before commencement of any formal dispute resolution proceedings, the parties must make a good faith attempt to resolve the underlying claim by i) initiating making reasonable attempts to resolve the dispute with the Edge Customer Service at support@sandmansports.com or ii) otherwise providing the other party a reasonable opportunity to resolve the claim. Multiple individuals with claims cannot participate in the same informal dispute resolution process; each must be initiated and handled separately. If you are represented by counsel (which such representation will be at your sole cost and expense), your counsel may participate in the resolution process, but you must also participate.

To sufficiently notify Sandman of your claim, you must include the following information:

After thirty (30) days have passed the submission of your complaint, if it included all of the requisite information listed above, and if for some reason you are not satisfied with the resolution of your complaint/claim, you may then, and only then, pursue binding arbitration, as the sole and exclusive dispute resolution process pursuant to the Binding Arbitration and Class Action Waiver Agreement below (except as expressly set forth therein), and as applicable, our Privacy Notice.

In the event of any claim or arbitration between us, as set forth below, Sandman may, in its sole discretion, terminate your account.

23. BINDING ARBITRATION AND CLASS ACTION WAIVER

Please read this Binding Arbitration and Class Action Waiver Agreement (the "Agreement") carefully because it may require you and Sandman to arbitrate certain disputes and claims on an individual basis only and limits the manner in which you and Sandman can seek relief from each other. This Agreement applies to any claims you may currently possess and any claim that may arise in the future. You must agree to these Terms in order to use the Services.

If you reside in or access the Services at any time while located in the United States of America, this Section shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms.

This Agreement includes an arbitration provision which sets forth how past, pending, and/or future disputes between you and Sandman shall be resolved by final and binding arbitration on an individual basis only and for your own losses only. Under this Agreement, you may not proceed as a class representative, as a member or part of any proposed class, collective action and/or mass arbitration, as a private attorney general, qui tam action or under any representative proceeding, and you may not otherwise seek to recover on behalf of others or for the use or benefit of others in any type of claim or action. You and Sandman further agree that any arbitration pursuant to this Agreement shall not proceed as a class, group or representative action. You further acknowledge that your agreement to arbitrate means you will not be able to seek damages in court or present your case to a jury.

Acceptance of Terms. By using, or otherwise accessing the Services, or clicking to accept or agree to the Terms where that option is made available, you confirm that you have read and accept and agree to this Agreement. All of your activity utilizing the Services and all of your transactions with Sandman, including all events which occurred before your acceptance of this Agreement, shall be subject to this Agreement.

Scope of Agreement to Arbitrate. Except as otherwise set forth herein, You and Sandman agree that any past, pending, or future dispute, claim or controversy arising out of or relating to: any purchase or transaction by you, your access to the Services, your use of the Services, and this Agreement (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of the same) (a "Dispute"), shall be ultimately resolved by arbitration, including claims that arose before acceptance of any version of this Agreement. In addition, in the event of any Dispute concerning or relating to this Agreement including the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims you and Sandman agree and delegate to the arbitrator the exclusive jurisdiction to rule on their own jurisdiction over the Dispute, including any objections with respect to the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims or counterclaims presented as part of the Dispute.

Small Claims Court. Notwithstanding the above provision and agreement to arbitrate, all parties retain the right to seek relief in a small claims court for disputes or claims solely within the scope of the applicable small claim's court jurisdiction.

Lack of Estoppel or Preclusive Effect. The parties agree that any issues determined in arbitration or any other proceeding between the parties shall be conducted and decided for the benefit of the parties or express third-party beneficiaries only and shall have no preclusive or estoppel effect against a party in any subsequent or other arbitration or litigation matter, such that all issues shall be decided anew in any subsequent or other proceedings involving either party. The parties reach this agreement in order to narrowly and efficiently tailor their legal positions without concern that any third party may attempt to offensively use any finding or determination of fact or law against you or Sandman.

These Terms shall be binding upon you, your successors, assigns, heirs, representatives, beneficiaries, and upon any other person or party claiming an interest on your or your estate’s behalf. The parties agree that this Agreement is intended to benefit and shall bind a successor-in-interest or assignee of either party.

To the maximum extent permitted by applicable law, you shall not be entitled to bring, consolidate, join or coordinate disputes by or against other individuals or entities, or participate in any collective arbitration or arbitrate or litigate any dispute in a representative capacity. You may only arbitrate or litigate on an individual basis for your own losses only. You may not proceed in arbitration or court as a class representative, member or part of any proposed class, collective action or mass arbitration, private attorney general suit, qui tam action or any representative proceeding, or otherwise seek to recover on behalf of others or for the benefit or use of others in any type of claim or action. You agree that you are waiving respective rights to participate in a class action, and that by agreeing to these Terms, you give up your right to participate in any past, pending or future class action or any other consolidated or representative proceeding, including any proceeding existing as of the date you accepted these Terms.

24. WAIVER OF JURY TRIAL

You hereby waive, to the fullest extent permitted by applicable law, any right you may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to your use of the Services, whether based on contract, tort or any other legal theory.

25. GOVERNING LAW

This Agreement is governed by and will be construed according to Ohio law, excluding any principles of conflicts of law. In the event of any dispute or controversy arising from the Services, you consent to the jurisdiction of the courts of Hamilton County, Ohio, and of the federal district court of the Southern District of Ohio. You further agree that venue for litigation arising from the Services will be exclusively in the Southern District of Ohio or its counterpart state court. You agree to litigate solely on an individual basis, and that this Agreement does not permit class action litigation or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding, and you expressly waive all such rights to bring or participate in class action. In the event the prohibition on class action litigation is deemed invalid or unenforceable, then the remaining portions of this provision will remain in force.

26. CHANGES TO THESE TERMS

Sandman may modify these Terms from time to time.

Updated Terms will be posted on SandmanEdge.com with an updated effective date. Where required by applicable law, Sandman will provide additional notice of material changes.

Your continued use of the Services following the effective date of updated Terms constitutes acceptance of those Terms to the extent permitted by applicable law.

27. SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by us, in Sandman’s sole discretion, to a third party in the event of a merger or acquisition. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement relating to your participation as a user unless expressly agreed to in writing signed by Sandman.

28. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without Sandman's prior written consent. Sandman may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets or other business transaction, subject to applicable law.

29. ENTIRE AGREEMENT

These Terms represent the entire agreement between you and us. No agent or other person is authorized to modify this agreement or to make any warranty or representation which is different than, or in addition to, the warranties and representations of these Terms.

30. CONTACT INFORMATION

Sandman Sports, LLC
PO Box 231
Kings Mills, OH 45034
support@sandmansports.com
513-268-3820