Terms of Use.
Last Updated: October 30, 2022
Introduction. Welcome to the CNA Simulations website (www.cnasimvr.com) and any other websites or services owned or operated by LCNA Simulations (collectively, “CNA Simulations Service”). To access the CNA Simulations Service, you must at all times agree to and abide by these Terms of Use, including any Guidelines and Orders (each defined below), and any future modifications (“Terms”). These Terms are a legal contract between you, an individual of at least 14 years of age or a company, organization, or entity (“you”), and Learn Care Together LLC d/b/a CNA Simulations (“CNA Simulations” or “we” or “us”) regarding your use of the CNA Simulations Service. The CNA Simulations Service is not for persons under the age of 14. If you are under 14 years of age, then please do not use the CNA Simulations Service. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
By accessing, browsing, using, subscribing to, or registering for, the CNA Simulations Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If at any time you do not agree to these Terms, please terminate your use of the CNA Simulations Service. CNA Simulations’ acceptance is expressly conditioned upon your assent to all of the terms and conditions of these Terms, to the exclusion of all other terms.
Orders & Authorized Users. CNA Simulations may make certain portions of the CNA Simulations Service available to you pursuant to a separate written document executed by you and CNA Simulations (each, an “Order”). Any specific end users identified on the Order shall be “Authorized Users”.
Limited License. Subject to these Terms, CNA Simulations hereby grants you (and your Authorized Users, if any) a limited, non-exclusive, non-transferable, revocable, worldwide license, without right of sublicense, to use the CNA Simulations Services for internal use (unless otherwise set forth on an Order).
Changes to Services. We may, from time to time without prior notice to you, add, delete or change the features or functionality of the CNA Simulations Service as we generally make such additions, deletions or changes to the CNA Simulations Service available to our other customers. We may discontinue furnishing content or data from third parties to the extent such third-party content or data ceases to be incorporated into the CNA Simulations Service for any reason.
Specific Features and Services. When using the CNA Simulations Service, you may be subject to any additional posted guidelines or terms and conditions applicable to specific services and features which may be posted from time to time (“Guidelines”). All Guidelines are hereby incorporated by reference into these Terms. In addition, your use of the CNA Simulations Service is governed by CNA Simulations Privacy Policy available at www.cnasimvr.com/privacy-policy (“Privacy Policy”), which is hereby incorporated by reference into these Terms, and you consent to the collection, use and disclosure of any personal information provided by you to use in accordance with the Privacy Policy.
Modification of These Terms. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the CNA Simulations Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms shall automatically be effective after they are initially posted on the CNA Simulations Service.
Ownership; Proprietary Rights. The CNA Simulations Service is owned and operated by CNA Simulations. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the CNA Simulations Service that are provided by CNA Simulations (“CNA Simulations Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. For clarity, the CNA Simulations Materials do not include any content from third party sites, whether the CNA Simulations Service provides a link to them or not. All CNA Simulations Materials contained on the CNA Simulations Service are the copyrighted property of CNA Simulations or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to CNA Simulations or its affiliates and/or third party licensors. Except as expressly authorized by CNA Simulations, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the CNA Simulations Materials.
Restrictions. You will not use the CNA Simulations Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the CNA Simulations Service. You will not intentionally interfere with or damage the operation of the CNA Simulations Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You will not take any action that imposes an unreasonable or disproportionately large load on CNA Simulations’ infrastructure. You shall not, directly or indirectly: (a) sell, lend, rent, distribute, resell, lease, assign, license, sublicense or otherwise transfer to any third party the CNA Simulations Service or the rights granted to you with respect to the CNA Simulations Service; (b) translate, port, modify, reproduce, distribute, republish, frame, download, cache, or make or create derivative works based on the CNA Simulations Service; (c) access or use the CNA Simulations Service in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas; (d) derive or attempt to derive the source code, source files, or any component or structure of all or any portion of t the CNA Simulations Service by reverse engineering, disassembly, decompilation, or any other means (the foregoing prohibitions include review of data structures or similar materials produced by programs), or access or use the CNA Simulations Service in order to build or support or assist a third party in building or supporting, products or services competitive to CNA Simulations or its products and services; (e) perform or disclose any benchmark or performance test of the CNA Simulations Service; (f) remove, obscure or alter any proprietary notice on the CNA Simulations Service; (g) use or permit the access to or use of the CNA Simulations Service for any unlawful activity, including exporting the CNA Simulations Service in violation of applicable law; or (h) access or use the CNA Simulations Service for any use other than the those authorized in these Terms.
Identity Authentication. CNA Simulations uses many techniques to identify you when you register for and/or access, browse, use or subscribe to the CNA Simulations Service. This verification is only an indication of increased likelihood that your identity is correct. You authorize CNA Simulations, directly or through third parties, to make any inquiries CNA Simulations considers necessary to validate your registration.
User Account Information. You agree that the information you provide to CNA Simulations upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password (and the passwords of your Authorized Users), you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit, or charge card number), you will immediately notify CNA Simulations. You will be liable for the losses incurred by CNA Simulations or others due to any unauthorized use of your or your Authorized User’s account.
Your Data. CNA Simulations will protect all digital data and information submitted by you to CNA Simulations (“Your Data”) in accordance with the Privacy Policy. CNA Simulations does not claim ownership of any Your Data that you may submit or make available to CNA Simulations. Accordingly, subject to the license granted to CNA Simulations below, you will be the sole and exclusive owner of any and all rights, title and interest in and to Your Data. You will be responsible for the accuracy, quality and legality of Your Data and the legality of the means by which you acquired Your Data. You hereby grant CNA Simulations an irrevocable, perpetual, non-exclusive, sublicensable, and royalty-free license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display or otherwise exploit the Your Data, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose). You represent and warrant that you have made all disclosures and obtained all rights and permissions required to use and transfer Your Data within and outside the country where Your Data originates and for CNA Simulations to use Your Data as set forth in this Section.
Fees. You shall pay all fees set forth in any Order (if any). Unless otherwise set forth in an Order, all fees are due when billed and payable within 30 days after the date of the applicable invoice. You shall pay interest at 1.5% per month (or, if lower, the maximum legal rate) from the date originally due until payment for all amounts not paid when due and payable. You are solely responsible for all value-added, good and services, sales, use and similar taxes due with respect to your payment of such fees and receipt of the CNA Simulations Service.
Audits. During the term of your Order and for three (3) years thereafter, you must maintain complete and accurate records sufficient to enable us to verify compliance with these Terms, including compliance with the license terms, the number of Authorized Users and the calculation of fees owed. During the term of your Order and for three (3) years thereafter, we have the right to examine and audit such records to verify performance under these Terms and to verify the amounts paid to CNA Simulations. Any such audit will be conducted during normal business hours and upon reasonable advance notice. If any such audit reveals an underpayment by you, you will immediately reimburse such underpayment amount to us, together with interest at the rate of 1.5% per month (or the highest amount permitted by law, if less). In the event an underpayment in excess of $5,000 is discovered, you will immediately pay to us the cost and expense of such audit.
Communications; Notice. Under these Terms, you consent to receive communications from CNA Simulations electronically. We will communicate with you by email or by posting notices on the CNA Simulations Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Except as explicitly stated otherwise, legal notices shall be served on CNA Simulations’ national registered agent or to the email address you provide to CNA Simulations during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Third Party Materials. The CNA Simulations Service may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that CNA Simulations is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. CNA Simulations does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. In addition, you must comply with applicable third party terms of agreement when using the CNA Simulations Service.
Termination. You agree that CNA Simulations, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with CNA Simulations. In addition, CNA Simulations reserves the right to discontinue any aspect of the CNA Simulations Service at any time, including the right to discontinue the display of any licensed content or linked or embedded content either generally or in specific cases. You agree that any termination of your access to the CNA Simulations Service or any account you may have or portion thereof may be affected without prior notice, and you agree that CNA Simulations will not be liable to you or any third party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the CNA Simulations Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies CNA Simulations may have at law or in equity.
Free Trial. If we provides you with access to the CNA Simulations Service on a trial, courtesy or evaluation basis or the CNA Simulations Service is labeled as “Pre-Release,” “Limited Release,” or “Beta” or otherwise described as experimental, untested, or not fully functional (“Free Software”), then this section of these Terms shall also apply. To the extent that any provision in this section is in conflict with any other term or condition in these Terms, this section shall supersede such other term(s) and condition(s) with respect to such Free Software, but only to the extent necessary to resolve the conflict. All Free Software is provided as is, without any warranty, indemnity, maintenance or support, express or implied, subject to any statutory rights that cannot be excluded or limited by law. Accordingly, you acknowledge that any use of the Free Software is entirely at your own risk.
Disclaimers; No Warranties. WITHOUT LIMITING ANY OTHER PROVISION OF THIS SECTION AND IN ADDITION TO ALL OTHER PROVISIONS OF THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CNA SIMULATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE CNA SIMULATIONS SERVICE. CNA SIMULATIONS MAKES NO WARRANTY THAT THE CNA SIMULATIONS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE CNA SIMULATIONS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. CNA SIMULATIONS DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CNA SIMULATIONS SERVICE. YOU ACKNOWLEDGE THAT THE CNA SIMULATIONS SERVICE MAY BE SUBJECT TO OPERATING ERRORS OR DEFECTS INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MIS-DELIVERIES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS. NO SUCH EVENT SHALL CONSTITUTE A BREACH OF THIS OR ANY OTHER CONTRACT ON THE PART OF CNA SIMULATIONS, EVEN IF CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF CNA SIMULATIONS OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR SUBCONTRACTORS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification. You agree to indemnify and hold CNA Simulations, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the CNA Simulations Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. CNA Simulations reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CNA SIMULATIONS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE CNA SIMULATIONS MATERIALS ON THE CNA SIMULATIONS SERVICE, THE CNA SIMULATIONS SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH CNA SIMULATIONS, EVEN IF CNA SIMULATIONS OR A CNA SIMULATIONS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CNA SIMULATIONS’ LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL CNA SIMULATIONS’ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE CNA SIMULATIONS SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN CNA SIMULATIONS AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE CNA SIMULATIONS SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE CNA SIMULATIONS SERVICE.
Miscellaneous.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to any principles of conflicts of law. The UN Convention on Contracts for the International Sale of Goods will not apply to these Terms.
Arbitration. Any dispute or claim arising out of or in connection with these Terms shall be finally settled by binding arbitration in Baltimore, Maryland under the Rules of the American Arbitration Association by one (1) arbitrator appointed in accordance with said rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
Severability. If any provision of these Terms is for any reason held to be invalid, illegal, or unenforceable under applicable law in any respect, then such invalidity, illegality, or unenforceability will not affect the other provisions of these Terms, these Terms will be construed as if such invalid, illegal, or unenforceable provision were excluded from these Terms, and the court in its discretion may substitute for the excluded provision an enforceable provision which in economic substance reasonably approximates the excluded provision.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CNA Simulations without restriction. Any attempted assignment in violation of this provision is null and void.
Survival. Sections 7, 12, 13, 14, 15, 16, 18, 19, 20 and 21 will survive any termination of these Terms.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. These Terms are the entire agreement between you and CNA Simulations relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by CNA Simulations as set forth in Section 6. In the event of any conflict, between these Terms of Use and any Order, the Order shall prevail to the extent of the conflict.
Claims. YOU AND CNA SIMULATIONS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CNA SIMULATIONS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.