1. Services

The services comprise several learning and teaching tools. edRNA may add additional features to the current Services, change or eliminate features, change nomenclature, and make other changes at any time which will be subject to these Terms of Use.

 

You acknowledge and agree that the Services are provided “AS IS” and that edRNA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalizations.

 

In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

 

You also understand and agree that the Services may include certain communications from edRNA, including service announcements and administrative messages, and that these communications are considered part of your registration, and you will not be able to opt out of receiving them.

 

You are responsible for using your account and other services at least once every thirty (30) days. EDRNA MAY DELETE ACCOUNTS AND/OR OTHER SERVICES THAT HAVE BEEN INACTIVE FOR THIRTY (30) DAYS OR MORE.

 

2. Use of the Service

The Website, the Services, and the information and content (“Content”) made available by edRNA on the Website and in the Services (collectively, the “edRNA Properties”) are protected by copyright laws throughout the world. Subject to the Terms, edRNA grants you a limited license to reproduce portions of the edRNA Properties for the sole purpose of using the Services for your personal purposes or, in the event you are an Administrator or instructor, your Entity’s educational purposes.

 

3. Registration Obligations

When you register for the Service, you must create a user account (“Account”). You will promptly update all Account information to keep it true, accurate, and complete. You will be responsible for all activities that occur under your Account, user name, and password and you agree to keep your password confidential. You may not share your Account or password with anyone, and you agree to notify edRNA immediately of any unauthorized use of your password or any other breach of security. You agree not to create or access an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use the edRNA services if you have been previously removed by edRNA, or if you have been previously banned from any of the edRNA services. .You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure.

 

4. User Content

Any Content that you upload or otherwise make available (“User Content”) into an edRNA channel is and remains your sole property or the property of your licensors. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted edRNA, the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content through the channel into which you have uploaded the User Content. You also permit any other user of edRNA with access to that channel , subject to your restrictions, to access, view, store, and reproduce the User Content to the same extent permitted herein.

 

5. Third Party Content and Services

Our Service may contain links to Internet sites and services maintained by third parties. We do not control, operate or endorse in any respect information, products, or services on such third-party sites and are not responsible for their content. Many third-party sites and services have their own terms of use that differ from ours. This Agreement only applies to our edRNA Service and do not apply to any other site or information, products, or services on such sites.  You use all links in Third-Party Websites at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.

 

6. Interaction With Other Users

You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that edRNA reserves the right, but has no obligation, to intercede in such disputes. You agree that edRNA will not be responsible for any liabilities incurred as the result of such interaction.

 

7. Copyright

You acknowledge that edRNA websites, their channels, their Services, any underlying technology used in connection with edRNA.com or the edRNA Services, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the “Content”) available within the edRNA websites are provided by edRNA or third-party providers and are the copyrighted works of edRNA and/or such third parties. Except as expressly authorized by edRNA or such third parties in this Terms of Use or as may be posted on the Services, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to edRNA in any form, whether archival files, computer-readable files, or any other medium. You also may not “mirror” any Content or the Services on any other server. Use of the Site for purposes of competitive intelligence is strictly prohibited and a violation of these Terms. If you access the Site and replicate on a competitive service any of the Site’s features, any portion of the Site’s user interface, or any other intellectual property displayed on the Site, you agree to pay damages, including but not limited to, liquidated damages in the amount of all revenue earned by your competitive service after the date material was copied from the Site.

 

8. Disclaimer of Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE EDRNA PROPERTIES IS AT YOUR SOLE RISK, AND THE EDRNA PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. EDRNA PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EDRNA PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE EDRNA PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE EDRNA PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE EDRNA PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE EDRNA PROPERTIES WILL BE CORRECTED. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE EDRNA PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE EDRNA PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. EDRNA MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EDRNA OR THROUGH THE EDRNA PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

9. Indemnification

You agree to indemnify and hold edRNA, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively the “edRNA Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the edRNA Properties; (c) your violation of the Terms of Use; (d) your violation of any rights of another party, including any User; or (e) your violation of any applicable laws, rules or regulations. edRNA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with edRNA in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to the edRNA Properties.

 

10. Trademark Notice

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

 

11. Modifications to the Service

edRNA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the edRNA websites, Channels or the Services (or any part thereof) with or without notice. You agree that edRNA will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

 

12. Termination

You may discontinue your participation in and access to the Services at any time. The Terms of Use will continue to apply to all past use of the Services by you, even if you are no longer using them. You acknowledge and agree that edRNA and its affiliates may terminate or block your use of all or part of the Services and edRNA websites and channels, without prior notice for any reason, including, without limitation, if edRNA believes you have engaged in conduct prohibited by this Terms of Use. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Services and may bar your access to the edRNA websites and channels and use of the Services.

 

13. GENERAL PROVISIONS.

13.1 ELECTRONIC COMMUNICATIONS. The communications between you and edRNA use electronic means, whether you visit the edRNA service or send edRNA e-mails, or whether edRNA posts notices on the edRNA Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from edRNA in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that edRNA provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect any statutory rights you may have.

13.2 RELEASE. You hereby release edRNA Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Website Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the edRNA Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

13.3 ASSIGNMENT. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without edRNA’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. edRNA may assign its rights and obligations under these Terms to a third party without your consent.

13.4 FORCE MAJEURE. edRNA shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

 

14. General

This website (“the Site”) is run by edRNA Incorporated (“edRNA”) and provides information regarding edRNA, its products, services, and opportunities that it provides (“the Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”).

 

By accessing the edRNA websites and channels, you agree to the above stated Terms of Use. This Agreement is entered into in the State of New Jersey and shall be construed in accordance with the laws of the State of New Jersey, exclusive of its choice of law rules. Each party to this Terms of Use submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of New Jersey, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.  In the event that any provisions of this Terms of Use are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect. This Terms of Use and any posted guidelines or rules applicable to certain services within edRNA constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled.  Please report any violations of the Terms of Use to [email protected]

 

edRNA reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth above.