Updated November 14, 2018
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.
- 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.
- 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.
- 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.
- Third Party Content and Services
- 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.
- 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.
- 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.
- 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.
- 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.