Terms of Use

Last Updated:
October 29, 2025

The CNA Simulations Service is not for persons under the age of 14. CNA Simulations does not knowingly collect or solicit personal information from children under the age of 14. If we learn that we have collected such information, we will delete it promptly. If you are under 14 years of age, then please do not use the CNA Simulations Service. If you have questions about these Terms or our Privacy Policy, you may contact us at: 

Learn Care Together LLC d/b/a CNA Simulations

4600 Powder Mill Road, Suite 450 #1069, Beltsville, MD 20705

Email: hello@cnasimvr.com

Phone: (240) 213-3050

If you are a California resident, you may have this same information emailed to you by sending a letter to the above address with your email address and a request for this information, or by emailing your request to hello@cnasimvr.com.

By accessing, browsing, using, subscribing to, or registering for the CNA Simulations Service, you agree to be bound by these Terms and our Privacy Policy (www.cnasimvr.com/privacy-policy). If you do not agree, do not use the CNA Simulations Service.

These Terms apply to both:

Institutional Users: Institutional Users means any organization, entity, or business that enters into an agreement with CNA Simulations, either directly (such as through an Order Form, purchase order acceptance, or signed agreement) or indirectly through an authorized association agreement, to provide access to the Service for its students, trainees, or staff. Institutional Users may enter into Orders through various methods including signed agreements, master service agreements with order forms, or through purchase order acceptance as described in Section 2. This includes but is not limited to:

• Public and private schools and colleges (including community colleges and trade schools)

• Workforce development programs

• Healthcare facilities and providers (such as long-term care facilities, home care agencies, hospitals, clinics, or medical offices)

• Online training providers

• Government agencies

• Private employers using CNA Simulations for employee onboarding, continuing education, or internal training

• Association member organizations that contract directly with CNA Simulations through an Order Form

Individual Users: Students or other individuals who access the Service through any of the following methods: (a) activating an access code purchased directly or through third parties such as bookstores; (b) being enrolled directly by their instructor or institution using their name and email address; or (c) being granted access through an institutional purchase without a formal institutional agreement (Order). Individual Users' access is limited to personal, non-commercial educational use.

The CNA Simulations Service is intended for use within the United States.

2. Orders & Authorized Users

CNA Simulations may make portions of the Service available to Institutional Users through a written agreement (an "Order"). An Order may be established through any of the following methods:

(a) Signed Order Forms: A Master Order Form, Order Form, or similar document signed by authorized representatives of both parties;

(b) Master Access and Services Agreement: A comprehensive Master Access and Services Agreement signed by both parties, together with executed Order Forms or Statements of Work issued pursuant to such agreement;

(c) Purchase Order Acceptance: Issuance of a purchase order or payment in response to a quote, proposal, or other written offer from CNA Simulations that explicitly incorporates these Terms of Use. By issuing a purchase order or making payment pursuant to such quote or proposal, Customer accepts and agrees to be bound by these Terms of Use and the terms set forth in the applicable quote or proposal. The individual or department issuing the purchase order represents and warrants that they have authority to bind Customer to these terms;

(d) Electronic Acceptance: Acceptance of these Terms through an online enrollment portal, clickwrap agreement, or other electronic means where Customer affirmatively agrees to these Terms.

For purposes of any Order, regardless of formation method, the contracting party will be referred to as "Customer" and shall be treated as an Institutional User under these Terms. Any individuals listed on an Order or granted access by an Institutional User will be deemed "Authorized Users."

Order Hierarchy: In the event of any conflict between these Terms of Use and the specific terms set forth in an Order (whether in a signed Order Form, Master Agreement, or accepted quote), the specific terms in the Order shall control to the extent of the conflict, unless such terms would violate applicable law or conflict with mandatory provisions in Sections 12A (FERPA), 12B (Data Security), or 12C (State Privacy Laws).

Students enrolled directly by instructors through the platform are Individual Users for purposes of these Terms and are bound by the same usage restrictions, regardless of whether they personally activated an access code. Their access is facilitated by the instructor but subject to Individual User license limitations unless the institution has entered into a separate Order with CNA Simulations.

Instructors and administrators designated as Authorized Users by the institution may access student data (including names, course participation, simulation progress, performance metrics, and assessment responses) solely for legitimate educational purposes related to their assigned courses. Access permissions are controlled by the institution in accordance with its policies and applicable privacy laws. For institutions subject to FERPA that have designated CNA Simulations as a "school official," data access and usage must comply with FERPA requirements as detailed in Section 12A. Both the institution and CNA Simulations maintain appropriate technical and administrative controls over student data access.

Bookstore Users, meaning students who access CNA Simulations through access codes purchased via an institution's bookstore or online materials platform, are considered Individual Users under these Terms. Their license is limited to personal educational use in connection with their coursework and may not be used for classroom display, group instruction, or screen-sharing unless the institution has separately entered into an Order with CNA Simulations.

If you are an Individual User (including a Bookstore User), your access begins when you register and activate your access code or when you are enrolled by your instructor. You are solely responsible for complying with these Terms, regardless of how you obtained access.

Individual instructors accessing CNA Simulations outside of an Institutional User agreement, for personal use, review, or course planning, are subject to the same limitations and license terms as Individual Users.

If you obtained access through a third-party reseller, bookstore, or institutional platform, you acknowledge that CNA Simulations is not responsible for the conduct or omissions of such third parties. All access remains subject to the license scope and restrictions outlined in these Terms.

3. Limited License

Subject to these Terms, CNA Simulations grants:

Institutional Users and Authorized Users are granted a limited, non-exclusive, non-transferable, revocable license to use the CNA Simulations Service for internal educational use, as outlined in a written Order, which may include signed order forms, master agreements, or purchase orders that incorporate these Terms as described in Section 2. Authorized Users may include instructors, administrators, or other personnel designated in writing by the institution or CNA Simulations.

Individual Users (including Bookstore Users) are granted a limited, non-exclusive, non-transferable, revocable license to use the CNA Simulations Service solely for personal, non-commercial educational use in connection with their individual coursework, for the period defined by their access code or enrollment period.

Classroom display, screen sharing, or group instruction by Individual Users is not permitted unless the institution has separately entered into an Order with CNA Simulations and designated the instructor as an Authorized User.

This license is granted without right of sublicense.

4. Access Codes & Expiration

For Individual Users, access to the CNA Simulations Service is valid only for the time period designated by the access code or enrollment period (e.g., six months). Access will automatically terminate at the end of the period unless renewed. Expired access is not subject to reinstatement unless renewed through a new purchase or agreement.

For Institutional Users, access periods and renewal terms are governed by the applicable Order. Unless otherwise specified in the Order, Institutional User access will terminate upon expiration of the Order term. CNA Simulations will provide notice to Institutional Users at least 30 days prior to access expiration.

CNA Simulations reserves the right to suspend or revoke access at any time, in its sole discretion, for violations of these Terms, misuse of the platform, or unauthorized use.

5. 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.

6. Specific Features And Services

You may be subject to additional posted terms ("Guidelines") or the Privacy Policy, all of which are incorporated herein.

7. 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.

8. 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.

9. Restrictions

The following provisions apply to all users, with special emphasis on Individual Users:

You may not:

• Share, resell, rent, or distribute access codes or credentials

• Record, screenshot, copy, or disseminate content from the Service

• Use the Service in group instruction or commercial settings unless explicitly licensed via an institutional Order

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 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 those authorized in these Terms.

Group instruction, classroom display, screen sharing, or other group access scenarios may only occur where the institution has entered into an institutional Order with CNA Simulations. Individual Users, including Bookstore Users, are not permitted to use the Service for classroom instruction, tutoring, or shared group learning purposes unless explicitly authorized by CNA Simulations in writing.

10. 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.

11. 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.

Multi-Factor Authentication

For institutional administrators and users with elevated privileges, CNA Simulations may require or support multi-factor authentication (MFA). Institutions may request that MFA be enabled for their organization.

Authorized User Management

Institutional Users are responsible for: (a) Designating and managing Authorized Users (b) Ensuring Authorized Users comply with these Terms (c) Promptly notifying CNA Simulations when access should be revoked (e.g., upon employment termination, course completion, or role change) (d) Reviewing access logs and user lists at least annually

CNA Simulations will revoke access for former Authorized Users within 72 hours of receiving notification from the institution.

12. 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 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 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.

The license granted to CNA Simulations for Your Data is governed by subsections (a), (b), or (c) below depending on your user type and applicable legal obligations. No license broader than those specified in subsections (a), (b), or (c) applies.

Institutional Users are responsible for ensuring their use of the CNA Simulations Service complies with applicable student data privacy laws, including FERPA, and for obtaining all necessary consents required for sharing user data with CNA Simulations.

Data License Grant

The license you grant to CNA Simulations for Your Data depends on your user type and applicable legal obligations:

(a) For Institutional Users Subject to FERPA: If you are an educational institution subject to the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, you hereby grant CNA Simulations, during the term of your access to the Service, a worldwide, non-exclusive, non-transferable, non-assignable (except as expressly permitted in Section 24.5 for succession in connection with a merger, acquisition, or asset sale), royalty-free license (without the right to sublicense except to subprocessors and service providers assisting in providing the Service) to access, use, host, reproduce, distribute, display, modify, and prepare derivative works of Your Data solely for the following purposes:

• Providing and operating the Service to you and your Authorized Users;

• Maintaining, supporting, and improving the Service;

• Complying with legal obligations and enforcing these Terms; and

• Creating anonymized, de-identified data as described in subsection (f) below.

CNA Simulations may share education records only with subprocessors and service providers who act as agents of the educational institution under the institution's direct control for purposes of providing the Service, and who are contractually required to comply with FERPA's use and redisclosure limitations (34 CFR § 99.33). This license terminates upon termination or expiration of your access to the Service, except that CNA Simulations may retain and use anonymized, de-identified data as described in subsection (f) below.

(b) For Institutional Users NOT Subject to FERPA: If you are an Institutional User not subject to FERPA (including but not limited to private training centers that do not receive federal education funding, healthcare facilities conducting internal staff training, workforce development programs, corporate training programs, and online training providers that are not educational institutions covered by FERPA), you hereby grant CNA Simulations, during the term of your access to the Service, a worldwide, non-exclusive, transferable (as provided in Section 24.5), royalty-free license to use, reproduce, distribute, display, modify, adapt, and prepare derivative works of Your Data for the following purposes:

• Providing and operating the Service to you and your Authorized Users;

• Improving, developing, and enhancing CNA Simulations' existing and future products, services, and educational offerings, including using insights from Your Data to develop new training modules, simulations, and assessment tools;

• Creating and using anonymized, de-identified, or aggregated data for analytics, benchmarking, research, product development, and quality improvement purposes;

• Communicating with Individual Users (students, trainees, or staff members) about related educational services, certification preparation, continuing education opportunities, professional development programs, and job placement assistance, only after obtaining explicit opt-in consent from each individual user, and subject to each individual's right to withdraw consent or opt-out at any time. Institutions must obtain and document such consent before sharing contact information with CNA Simulations for marketing purposes, or CNA Simulations will obtain direct consent from individuals before initiating marketing communications;

• Sharing anonymized or aggregated program outcomes, completion rates, and performance metrics with accreditation bodies, licensing authorities, state nursing boards, and industry partners for quality assurance, workforce development, and program improvement purposes;

• Developing and offering job placement services, alumni networking opportunities, and career advancement resources; and

• Such other purposes as you may specifically consent to in writing.

This license terminates upon termination or expiration of your access to the Service, except that: (A) CNA Simulations may retain and use anonymized, de-identified, or aggregated data indefinitely as described in subsection (f) below; and (B) CNA Simulations may continue to communicate with Individual Users who have not opted out of such communications, subject to applicable law and the individual's right to opt-out at any time.

(c) Compliance with State Privacy Laws (Including VCDPA, CCPA/CPRA, and Similar Statutes): CNA Simulations complies with all applicable state consumer privacy laws, including but not limited to the Virginia Consumer Data Protection Act (VCDPA), the California Consumer Privacy Act (CCPA/CPRA), the Colorado Privacy Act (CPA), the Connecticut Data Privacy Act (CTDPA), and similar comprehensive privacy statutes enacted in other U.S. states. CNA Simulations will not:

• Sell or rent identifiable student or trainee personal information to third parties for their independent marketing purposes unrelated to CNA training, certification, healthcare careers, or continuing education;

• Use identifiable personal information for advertising products or services that are unrelated to healthcare training, certification, continuing education, or career advancement; or

• Disclose identifiable personal information to third parties except: (1) to subprocessors and service providers assisting in providing the Service as described in the Subprocessors section; (2) to potential employers or job placement partners at the request of or with the consent of the individual; (3) to accreditation, licensing, or regulatory bodies as required or permitted by law; or (4) as otherwise required by law or court order;

• CNA Simulations will not process personal data for targeted advertising, profiling, or automated decision-making in ways prohibited by applicable state consumer privacy laws without providing notice and, where required, an opportunity to opt out or opt in.

Individual User Opt-Out Rights: Individual Users covered under this subsection (b) may opt-out of receiving communications from CNA Simulations at any time by: (1) clicking the "unsubscribe" link in any email communication; (2) replying "STOP" to any SMS message; (3) adjusting their communication preferences in their account settings; or (4) contacting hello@cnasimvr.com. Opting out will not affect service-related communications necessary to provide the Service (such as password resets, access expiration notices, or security alerts).

(d) For Individual Users: If you are an Individual User (including Bookstore Users who purchase access codes through third-party retailers), you hereby grant CNA Simulations, during the term of your access to the Service, a worldwide, non-exclusive, transferable (as provided in Section 24.5), royalty-free license to use, reproduce, distribute, display, modify, adapt and prepare derivative works of Your Data for the purposes described in subsection (b) above, subject to the same limitations and opt-out rights.

You acknowledge that CNA Simulations may contact you regarding:

• Related educational services and training programs;

• Certification exam preparation resources;

• Continuing education and professional development opportunities;

• Job placement assistance and career advancement resources;

• Alumni networking and mentorship programs; and

• Industry news and updates relevant to your training.

You may opt out of such communications at any time using the methods described in subsection (c) above. This license terminates upon termination or expiration of your access to the Service, except as specified in subsection (b) for anonymized data and permitted communications.

(e) Institutional Responsibility and Consent: Institutional Users under subsections (a) or (b) represent and warrant that:

• They have the legal authority to provide Your Data to CNA Simulations and to grant the licenses described in this Section 12;

• For subsection (b) Institutional Users, they have obtained affirmative opt-in consent from Individual Users for any use of their data beyond service provision, including marketing communications, job placement services, and data sharing with third parties. For residents of states with comprehensive privacy laws (including California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia), such consent must meet applicable state law requirements for processing sensitive data.

• They are solely responsible for compliance with any applicable privacy laws, data protection regulations, or contractual obligations related to the collection and sharing of Your Data with CNA Simulations; and

• Your Data does not violate any third-party rights or applicable laws. Institutional Users are responsible for ensuring their use of the CNA Simulations Service complies with all applicable student and consumer data privacy laws, including FERPA where applicable, and for obtaining all necessary user consents.

(f) Anonymized and Aggregated Data

A. FERPA-Covered Education Records

For students at educational institutions that have explicitly designated CNA Simulations as a 'school official' under FERPA, CNA Simulations may retain and use anonymized, de-identified, or aggregated data only if: (i) the institution has expressly consented to this use in writing; (ii) anonymization meets both FERPA standards (34 CFR §99.31(b)(1)) and, for institutions in states with comprehensive privacy laws, applicable state standards for de-identified data; and (iii) following the applicable retention periods described in the Data Retention and Deletion section below. Institutions may prohibit retention of any derivative data by providing written notice.

Such anonymized data may be used indefinitely for:

• Platform analytics and usage pattern analysis;

• Product improvement and feature development;

• Educational research and efficacy studies;

• Benchmarking and comparative performance analysis;

• Industry reporting and workforce trend analysis;

• Development of new educational products, services, and training methodologies;

• Sharing with accreditation bodies, licensing authorities, researchers, and industry partners; and

• Aggregate statistical summaries demonstrating program outcomes may be shared publicly only with prior written institutional consent.

For education records subject to FERPA, anonymization will meet the requirements for non-identifiable information under 34 CFR §99.31(b)(1), ensuring that data cannot reasonably identify individual students either alone or in combination with other reasonably available information, and that CNA Simulations does not have actual knowledge that the data could be used to identify students.

B. Non-FERPA Users (Direct-to-Consumer, Workforce Programs, and Non-Designated Institutional Use)

For users not subject to FERPA protections—including individuals who purchase access directly, learners in workforce development or employer-sponsored programs, and students at institutions that have not explicitly designated CNA Simulations as a "school official"—CNA Simulations handles data as follows:

Retention of Identifiable Information: CNA Simulations may retain identifiable contact information (name, email address, phone number) and professional information (training history, credentials, career interests) for legitimate business purposes, including but not limited to:

For residents of states with comprehensive privacy laws (including California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia), CNA Simulations may retain identifiable contact information and professional information only with the consumer's opt-in consent and only for the following specified purposes for which consent was obtained:

• Career services, job placement assistance, and employer connections

• Alumni communications and continuing education opportunities

• Program updates, product announcements, and customer support

• Certification maintenance reminders and renewal notifications

• Industry research, workforce trend analysis, and program efficacy studies

• Marketing communications (where consent has been provided in accordance with applicable law)

• Institutional partnerships and referral programs

Residents of states with comprehensive privacy laws may withdraw consent and request deletion at any time as described in Section 12C. CNA Simulations will honor deletion requests within 45 days as required by applicable state law.

User Rights: All users retain the right to request deletion of their identifiable personal information at any time in accordance with applicable state privacy laws and as described in our Privacy Policy. Residents of states with comprehensive privacy laws (including California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia) have specific rights detailed in Section 12C and Section 25 (State Consumer Privacy Notice). These rights typically include: confirming data processing, accessing data, correcting inaccuracies, deleting data, porting data, and opting-out of certain processing activities. To exercise these rights, email hello@cnasimvr.com with "[Your State] Consumer Rights Request" in the subject line. Response timelines vary by state law (typically 45 days for California, Colorado, Connecticut, and Virginia; other states as specified by applicable law). For immediate assistance or general inquiries: hello@cnasimvr.com.

Anonymized and Aggregated Data: Following applicable retention periods or upon user request for deletion, CNA Simulations may retain and use anonymized, de-identified, or aggregated data that cannot reasonably identify individual users. Such anonymized data may be used indefinitely for the purposes listed in Section A above. Once data has been properly anonymized in accordance with industry standards, it is no longer considered personal information and cannot be deleted as it cannot be linked to any individual.

C. Anonymization Standards (Applies to Both A and B)

Anonymization will comply with industry standards to ensure data cannot be used to identify individuals or institutions either alone or in combination with other reasonably available information. For education records subject to FERPA (Section A above), anonymization will specifically meet the requirements for non-identifiable information under 34 CFR §99.31(b)(1).

(g) State Privacy Law Compliance: Notwithstanding the licenses granted above, CNA Simulations will comply with applicable state privacy laws, including but not limited to the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) and similar comprehensive privacy laws in other states.

Individual Users in states with comprehensive privacy laws have the rights specified in Section 12C, including:

• The right to know what personal information is collected and how it is used;

• The right to request deletion of personal information (subject to exceptions);

• The right to opt out of the sale or sharing of personal information;

• The right to correct inaccurate personal information;

• The right to limit use of sensitive personal information; and

• The right to non-discrimination for exercising privacy rights.

For purposes of state privacy laws, CNA Simulations does not "sell" personal information as traditionally understood (i.e., providing data to data brokers or advertisers for monetary compensation unrelated to our services). However, certain data sharing practices described in subsections (b) and (c) may constitute "sharing" under some state laws. Individuals may opt out of such sharing by using the opt-out methods described above or by submitting a request to hello@cnasimvr.com.

Institutional Users subject to subsection (b) acknowledge that Individual Users retain their state privacy law rights regardless of the institutional agreement, and CNA Simulations will honor individual requests to exercise such rights.

(h) Successor Entity Rights: The licenses granted in this Section 12 are assignable to a successor entity in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of CNA Simulations' assets, subject to the terms and conditions set forth in Section 24.5 (Assignment).

Data Retention and Deletion

(a) Active Use Period: During an active subscription or access period, Your Data will be retained and accessible through the platform as necessary to provide the Service.

(b) Post-Termination Retention: Unless otherwise requested in writing:

• For Individual Users: Data will be retained for up to 6 months after access expiration to allow students continued reference while preparing for certification exams.

• For Institutional Users: Upon written direction from the institution, student data will be retained for up to 6 months following course completion to allow continued student access for certification exam preparation. Absent written direction to retain data, CNA Simulations will delete or return student data within 30 days of course completion or access termination. Institutions in states with comprehensive privacy laws must provide specific written authorization for any retention period exceeding 30 days. The institution may direct earlier deletion at any time, and CNA Simulations will complete deletion within 30 days of such request. Administrative and institutional contract data (such as order records, invoices, and institutional contact information) may be retained for up to 12 months for business continuity purposes.

(c) Anonymized and De-Identified Data: After the applicable retention periods, CNA Simulations may retain and use data that has been anonymized, de-identified, or aggregated so that it cannot reasonably identify any individual student or user. Such data may be used for analytics, research, benchmarking, and product improvement.

When CNA Simulations acts as a school official under FERPA, de-identification will meet the standards for non-identifiable information under 34 CFR § 99.31(b)(1). Upon reasonable request, CNA Simulations will describe its de-identification methodology to the institution.

(d) Deletion Requests: Institutions or Individual Users may request earlier deletion of their data by submitting a written request to hello@cnasimvr.com. CNA Simulations will complete such deletion within the timeframe required by applicable state law (typically 45 days for residents of California, Colorado, Connecticut, and Virginia; 60 days for residents of other states), except where retention is required by law, regulatory obligation, or to resolve disputes.

(e) Backup Retention: Deleted data may persist in backup systems for up to 90 days following deletion from production systems, after which backups containing the data will be overwritten or securely destroyed.

Device and Usage Information

CNA Simulations collects the following device and usage information for security, authentication, and service improvement purposes:

• IP addresses (logged for security monitoring and access verification)

• Browser type and version

• Operating system

• Session duration and activity logs

• Functional cookies necessary for authentication and session management

Cookie Usage by Platform:

• Our public-facing marketing website (www.cnasimvr.com) uses analytics and marketing cookies in compliance with applicable privacy laws. All users accessing our public-facing marketing website are presented with a cookie consent mechanism before any non-essential cookies are placed. Users can accept, reject, or customize cookie preferences at any time through our cookie settings tool.

• Within the authenticated student learning platform (app.cnasimvr.com), we use only essential functional cookies necessary for authentication, session management, and platform security. We do not use tracking pixels, analytics cookies, or third-party advertising cookies within the student learning environment.

Usage data is retained for 30-90 days in active logs and up to one year in archived logs.

Data Portability and Export

Institutional Users may request a full or partial export of their data at any time during the term of their Order. Data exports will be provided in a commonly used, machine-readable format (e.g., CSV, JSON) within 15 business days of a verified request. There is no charge for the first export request per year; subsequent requests may be subject to a reasonable fee to cover administrative costs.

Data Location and Transfer

All institutional and student data is stored exclusively within the United States, specifically in AWS's US-East-1 region. Data does not leave the United States during collection, processing, storage, or archiving. CNA Simulations does not transfer data internationally and does not serve users located outside the United States.

12a. Ferpa Compliance And Educational Records

For Institutional Users subject to the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g:

(a) School Official Designation: CNA Simulations acts as a "school official" with legitimate educational interests in student education records ONLY when the institution has executed a written agreement that explicitly designates CNA Simulations as a school official under FERPA. Institutions remain responsible for ensuring compliance with all FERPA requirements.

(b) Limitations on Use: CNA Simulations will use education records only for the purposes specified in the applicable Order and as necessary to provide the CNA Simulations Service. CNA Simulations will not disclose education records to third parties (other than authorized subprocessors as listed in our Privacy Policy) or use education records for any purpose other than fulfilling its obligations under these Terms and the applicable Order.

(c) Institutional Designation Under FERPA: Educational institutions subject to FERPA are responsible for determining whether to designate CNA Simulations as a "school official" with legitimate educational interests under FERPA. CNA Simulations will act as a school official only when the institution provides such designation in writing, typically through the institution's own data-sharing or vendor agreement that includes required FERPA provisions. When designated, CNA Simulations will comply with all FERPA obligations applicable to school officials, including: (i) limiting use of education records to authorized educational purposes; (ii) maintaining appropriate safeguards; (iii) prohibiting unauthorized disclosure or redisclosure; and (iv) supporting the institution's obligations to provide access, amendment, and record-keeping of disclosures. If an institution does not make this designation, CNA Simulations will process data solely as a service provider under applicable state privacy laws (such as the VCDPA) and not as a FERPA entity.

(d) Data Ownership: All student education records provided to or generated through the CNA Simulations Service remain the property of the institution. CNA Simulations asserts no ownership rights over education records.

(e) Data Portability and Return: Upon termination or expiration of an Order, CNA Simulations will, at the institution's request, return or securely delete all education records within 60 days, except as required by law or as specified in the Data Retention section above.

12b. Data Security And Breach Notification

(a) Security Measures: CNA Simulations implements administrative, physical, and technical safeguards designed to protect Your Data, including but not limited to:

• Encryption of data in transit (TLS 1.2+) and at rest (AES-256)

• Role-based access controls limiting data access to authorized personnel

• Regular security monitoring and logging

• Annual security awareness training for all employees

• Incident response procedures as outlined in our Data Security Incident Response Plan

(b) Encryption Standards: All sensitive data is protected using:

• Transport Layer Security (TLS 1.2 or higher) for data in transit

• AES-256 encryption for data at rest

• Secure session management with automatic logout after 30 minutes of inactivity

CNA Simulations conducts annual security audits to verify compliance with these encryption standards.

(c) Breach Notification: In the event of a confirmed data breach involving Your Data, CNA Simulations will notify affected institutions without unreasonable delay and in accordance with applicable federal and state data-breach laws.

For educational institutions subject to FERPA that have designated CNA Simulations as a school official, CNA Simulations will coordinate with the institution regarding the timing and content of any required notifications.

Each notice will include a general description of the incident, the categories of data affected, mitigation steps taken or planned, and recommended actions, to the extent known at the time.

(d) Cooperation: In the event of a breach, you agree to cooperate with CNA Simulations' investigation and remediation efforts and to provide reasonable assistance as needed to assess the scope and impact of the incident.

(e) Incident Response Procedures: CNA Simulations maintains a formal Data Security Incident Response Plan that governs our response to security incidents. Key elements include:

• Incident classification by severity (Level 1, 2, or 3)

• Defined roles and responsibilities through our Data Security Incident Response Team (DSIRT)

• Containment, investigation, and remediation procedures

• Communication protocols for affected institutions

• Post-incident review and documentation requirements

A copy of our Incident Response Plan summary is available to institutional customers upon request.

(f) Third-Party Subprocessors: CNA Simulations may engage third-party subprocessors to provide infrastructure, hosting, or operational services. A current list of subprocessors is available below. All subprocessors are contractually required to maintain security and confidentiality standards consistent with these Terms. When CNA Simulations acts as a "school official" under FERPA, each subprocessor functions as a sub-agent of the educational institution under the institution's direct control for purposes of FERPA compliance and is bound by equivalent restrictions on use and redisclosure of education records.

Subprocessors and Third-Party Service Providers

CNA Simulations engages the following third-party subprocessors who may have access to Your Data:

• Heroku/AWS: Platform hosting and infrastructure

• Google Workspace: Productivity and document management (institutional communications only)

• SolarWinds (Heroku add-on): Platform monitoring and logging

• Mailgun (Sinch): Automated transactional emails (password resets, access notifications)

• ActiveCampaign: Marketing communications to institutional administrative contacts only. Student education records are never processed through ActiveCampaign. Any prior student marketing communications have been terminated and all student personal data has been removed from this platform.

• PandaDoc: Agreement management (institutional contracts only; no student PII)

• Slack: Internal team communication tool used only for pseudonymized or aggregated support references; no student PII is transmitted through Slack.

• Quickbooks and Stripe: Payment processing and transaction management (does not store full payment card data on CNA Simulations systems; PCI DSS compliant)

All subprocessors are contractually required to maintain appropriate security, confidentiality, and privacy standards. An updated list is available upon request.

12c. State Privacy Law Compliance

Residents of states with comprehensive privacy laws have specific rights regarding their personal information. This section describes those rights and how to exercise them.

(a) Applicable State Privacy Laws

CNA Simulations complies with comprehensive state privacy laws including: California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA); Colorado Privacy Act (CPA); Connecticut Data Privacy Act (CTDPA); Delaware Online Privacy and Protection Act (DOPPA); Florida Digital Bill of Rights; Indiana Consumer Data Protection Act; Iowa Consumer Data Protection Act; Montana Consumer Data Privacy Act; Oregon Consumer Privacy Act; Tennessee Information Protection Act (TIPA); Texas Data Privacy and Security Act (TDPSA); Utah Consumer Privacy Act (UCPA); and Virginia Consumer Data Protection Act (VCDPA).

(b) Consumer Rights

Subject to applicable law and certain exceptions, residents of states with comprehensive privacy laws may have the following rights: (i) Right to Know/Confirmation: Confirm whether we process your personal information and access categories or specific pieces of information; (ii) Right to Correction: Correct inaccuracies in your personal information; (iii) Right to Deletion: Request deletion of your personal information, subject to certain exceptions; (iv) Right to Data Portability: Receive a copy of your personal information in a portable and, to the extent technically feasible, readily usable format; (v) Right to Opt-Out: Opt-out of targeted advertising, the sale of personal information, profiling in furtherance of decisions that produce legal or similarly significant effects, and certain automated decision-making; and (vi) Right to Non-Discrimination: Not receive discriminatory treatment for exercising your privacy rights.

(c) Exercising Your Rights

To exercise your rights, submit a verifiable request to: 

Email: hello@cnasimvr.com; Phone: (240) 213-3050; Mail: 4600 Powder Mill Road, Suite 450 #1069, Beltsville, MD 20705

(d) Verification and Response

We will verify your identity before processing requests. Verification may require matching information you provide with information we have on file, or additional authentication steps. We will respond within the timeframe required by applicable law (typically 45 days for California, Colorado, Connecticut, and Virginia; other states as specified by law). If we need additional time, we will notify you of the extension and the reason.

(e) Authorized Agents

You may designate an authorized agent to make requests on your behalf. We will require written proof of authorization and may require you to verify your identity directly with us.

(f) Response Timeline

State-specific response timelines: California, Colorado, Connecticut, Virginia: 45 days, with one 45-day extension if needed. Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah: Response within timeframes specified by applicable state law.

(g) Fees and Limits

We do not charge fees for requests unless they are manifestly unfounded, excessive, or repetitive. If we deny your request, we will explain why. You may appeal certain denials as described in subsection (h).

(h) State-Specific Appeal Process

Residents of Colorado, Connecticut, Montana, Oregon, and Virginia have the right to appeal denied requests. To appeal, email hello@cnasimvr.com with "[State Name] Privacy Appeal" in the subject line. We will respond within 60 days. If your appeal is denied, you may contact your state attorney general: California (oag.ca.gov), Colorado (coag.gov), Connecticut (ct.gov/ag), Virginia (oag.state.va.us), and other applicable states.

(i) Contact Information

For questions about this privacy notice or our data practices, contact: 

Learn Care Together LLC d/b/a CNA Simulations

4600 Powder Mill Road, Suite 450 #1069, Beltsville, MD 20705

Email: hello@cnasimvr.com

Phone: (240) 213-3050

Website: www.cnasimvr.com

13. Fee

You shall pay all fees set forth in any Order, quote, or invoice. When an Order is formed through purchase order acceptance, fees are as specified in the accepted quote. Unless otherwise set forth in an Order or quote, 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, goods and services, sales, use and similar taxes due with respect to your payment of such fees and receipt of the CNA Simulations Service.

14. 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.

FERPA Audit Rights

In addition to the financial audit rights described above, Institutional Users subject to FERPA that have designated CNA Simulations as a school official have the right to audit CNA Simulations' compliance with FERPA obligations at any time with reasonable advance notice (minimum 10 business days). Such audits may include on-site inspections and review of: (a) All security controls protecting education records; (b) Complete access logs showing all individuals who accessed education records; (c) All uses and disclosures of education records; (d) Data retention and deletion practices; (e) Subprocessor agreements and security measures; (f) Incident response procedures and documentation; (g) Employee training records related to FERPA compliance. CNA Simulations will provide audit findings and remediation plans within 30 days of audit completion. Schools may conduct audits annually at no cost, with additional audits permitted if reasonable cause exists to suspect non-compliance.

CNA Simulations will provide reasonable cooperation and access to relevant documentation, subject to protection of confidential business information and other customers' data.

15. 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.

You may also consent to receive SMS/MMS messages from CNA Simulations as described in Section 9 of our Privacy Policy for essential service communications (password resets, access expiration notices, security alerts). All users may separately opt-in to receive marketing communications via SMS/MMS. In states requiring opt-in consent for marketing messages, we will obtain affirmative consent before sending marketing communications. You can opt out at any time by replying STOP. Standard message and data rates may apply. We comply with the Telephone Consumer Protection Act (TCPA).

16. 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.

17. Termination

CNA Simulations may terminate or suspend your access to the CNA Simulations Service at any time, with or without notice, if we determine in our sole discretion that you have violated these Terms or engaged in misuse or unauthorized use of the Service, as outlined in Section 4 (Access Codes and Expiration).

We also reserve the right to discontinue or modify any aspect of the CNA Simulations Service at any time, including removing content or disabling features, without liability to you. Termination of your access may include deletion of your account and any data or content associated with it.

Any suspected fraudulent, abusive, or illegal activity may be reported to the appropriate law enforcement authorities and may result in immediate termination of your account. These remedies are in addition to any other rights or remedies available to CNA Simulations under applicable law or equity.

18. Free Trial

If we provide 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.

19. 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.

20. Indemnification

Public Institution Exemption: The indemnification obligations in this Section 20 do not apply to public educational institutions, public school districts, or other governmental entities that are prohibited by law from providing indemnification. For such public institutions, each party shall be responsible for its own acts and omissions and those of its employees, officers, and agents to the extent permitted by applicable law.

For all other users (including private educational institutions and individual users), 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.

21. 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.

22. Force Majeure

CNA Simulations shall not be held liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, internet outages, strikes, cyberattacks, or governmental actions.

23. Accessibility

CNA Simulations is committed to ensuring digital accessibility for all users, including those with disabilities. We strive to conform to Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.

(a) VPAT Availability: A Voluntary Product Accessibility Template (VPAT) documenting our accessibility conformance is available upon request by contacting charlene@cnasimvr.com.

(b) Accessibility Support: Users experiencing accessibility barriers may contact us for assistance. We will work to provide reasonable accommodations and address reported issues.

(c) Ongoing Improvement: We continuously review and improve the accessibility of our platform. Feedback regarding accessibility is welcome and can be submitted to the contact above.

24. Miscellaneous

24.1 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.

24.2 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.

Notwithstanding the foregoing, if you are a resident of California, you may also have the right to pursue certain claims in court, including claims for public injunctive relief, as required by applicable California law. In such cases, arbitration shall not apply to the extent it is prohibited by California law, and nothing in this section shall be construed to waive your statutory rights under California law.

Use of the CNA Simulations Service constitutes a waiver of the right to a jury trial and to participate in class action proceedings, to the extent permitted by law.

24.3 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.

24.4 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.

24.5 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, including without limitation in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets or the assets related to the CNA Simulations Service.

Assignment to Successor Entities

In the event CNA Simulations assigns these Terms to a successor entity (an "Assignment Event"), the following provisions apply:

(a) Successor Obligations: The successor entity will assume all of CNA Simulations' obligations under these Terms, including but not limited to the obligations under Sections 12, 12A (FERPA Compliance), 12B (Data Security and Breach Notification), and 12C (State Privacy Law Compliance). The successor entity will be bound by the same restrictions, limitations, and duties as CNA Simulations.

(b) License Transfer for FERPA-Covered Users: For Institutional Users and their Authorized Users subject to FERPA who have designated CNA Simulations as a school official (as described in Section 12(a)), the limited license granted for service provision will transfer to the successor entity. The successor entity will:

• Continue to use Your Data solely for the purposes specified in Section 12(a);

• Maintain compliance with FERPA and all obligations in Section 12A;

• Maintain or exceed the data security standards described in Section 12B;

• Provide Institutional Users with notice of the Assignment Event at least 60 days prior to the effective date, including information about the successor entity's privacy and security practices, privacy policy, data security measures, and FERPA compliance program. The transfer of education records to the successor entity will proceed automatically on the effective date unless the institution exercises its termination right under subsection (b)(v) within the 60-day notice period. If an Assignment Event must occur with less than 60 days' notice due to legal requirements or regulatory restrictions, CNA Simulations will provide notice as soon as legally permissible, and the institution may exercise termination rights within 30 days of receiving such notice;

• Allow Institutional Users subject to FERPA to terminate their Order within 60 days of receiving notice of the Assignment Event, with a prorated refund of any prepaid fees for the unused portion of the term, if the institution reasonably determines that the successor entity cannot meet its FERPA obligations or data security requirements; and

• Execute a new FERPA Addendum or amendment to the existing FERPA Addendum with the successor entity as the party, if requested by the Institutional User.

(c) License Transfer for Non-FERPA Users: For Institutional Users not subject to FERPA and Individual Users (as described in Sections 12(b) and 12(d)), licenses granted under those subsections will transfer to the successor entity, subject to the following: For residents of states with comprehensive privacy laws, CNA Simulations or the successor entity will provide notice of the Assignment Event at least 30 days in advance. Residents of such states may opt-out of the license transfer by submitting a written request within 30 days of receiving notice, in which case their personal data will be deleted or returned as described in subsection (g)(iii). The successor entity may continue to exercise all rights granted in Sections 12(b) and 12(d), including:

• The right to use Your Data for the purposes described in Sections 12(b) and 12(d);

• The right to continue product development and improvement activities using Your Data;

• The right to communicate with Individual Users about related educational services, continuing education, certification preparation, and job placement opportunities;

• The right to retain and use anonymized, de-identified, or aggregated data; and

• The right to develop and offer new products and services using insights derived from Your Data.

(d) Continued User Rights and Protections: Notwithstanding the transfer of licenses to a successor entity:

• Individual Users maintain all opt-out rights described in Section 12(b) and may opt-out of communications from the successor entity at any time using the same methods;

• All users retain their rights under Section 12C (State Privacy Law Compliance), including rights to deletion, correction, and opt-out under applicable state privacy laws;

• The limitations on use described in Section 12(b) continue to apply to the successor entity (e.g., the prohibition on selling identifiable data for unrelated marketing purposes);

• All users may exercise their rights under these Terms against the successor entity in the same manner as they could have exercised them against CNA Simulations; and

• The successor entity must maintain the same or higher standards of data security as described in Section 12B.

(e) Notice of Assignment Event: CNA Simulations or the successor entity will provide notice of an Assignment Event to users as follows:

• For Institutional Users: Written notice sent to the primary contact email address on file at least 30 days prior to the effective date of the Assignment Event, or as soon as practicable if the Assignment Event is subject to confidentiality restrictions or occurs with less than 30 days' notice;

• For Individual Users: Notice posted prominently on the CNA Simulations Service and sent via email to the email address on file, at least 30 days prior to the effective date of the Assignment Event, or as soon as practicable; and

• The notice will include: (A) the name and contact information of the successor entity; (B) a link to the successor entity's privacy policy; (C) information about how to exercise opt-out rights; (D) for FERPA-covered Institutional Users, information about termination rights; and (E) the effective date of the Assignment Event.

(f) Non-FERPA Institutional User Rights: Institutional Users not subject to FERPA (Section 12(b)) may request termination of their Order within 60 days of receiving notice of an Assignment Event if they reasonably determine that the successor entity's data practices or business model materially conflicts with their own privacy policies or legal obligations. In such cases, CNA Simulations or the successor entity will provide a prorated refund of any prepaid fees for the unused portion of the term. This termination right is without penalty and does not constitute a breach of the Order.

(g) Data Continuity and Transition: In connection with an Assignment Event:

1. Your Data will be transferred to the successor entity in a secure manner consistent with the data security standards in Section 12B;

2. The successor entity will have access to all historical data and analytics necessary to continue providing the Service without disruption;

3. For users who exercise termination rights under subsections (b)(v) or (f), CNA Simulations or the successor entity will return or securely delete Your Data as described in the Data Retention and Deletion section of Section 12, except for data that may be retained as described in Section 12(f) (for FERPA users: anonymized data only; for non-FERPA users: identifiable contact and professional information for business purposes and anonymized data, subject to deletion rights under Section 12C);

4. Service continuity will be maintained during the transition period, with no interruption to user access or functionality; and

5. All user accounts, credentials, and settings will transfer to the successor entity unless a user exercises termination or deletion rights.

(h) Multiple Assignments: These assignment provisions apply to any subsequent assignments by a successor entity. Each subsequent assignee assumes all obligations and restrictions that applied to CNA Simulations under these Terms.

(i) No Assignment by Users: Users may not assign, transfer, or delegate any of their rights or obligations under these Terms without the prior written consent of CNA Simulations (or its successor entity), except that Institutional Users may assign these Terms to a successor entity in connection with a merger, acquisition, or transfer of substantially all of the Institutional User's assets or operations, provided that: (1) the Institutional User provides written notice to CNA Simulations at least 30 days prior to the effective date; and (2) the successor entity agrees in writing to be bound by these Terms.

(j) Effect of Invalid Assignment: Any attempted assignment by a user in violation of this Section 24.5 is null and void and will be deemed a material breach of these Terms.

24.6 Survival

Sections 7, 12, 12A, 12B, 12C, 13, 14, 15, 16, 18, 19, 20, 21, and 23 will survive any termination of these Terms.

24.7 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.

24.8 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 7. In the event of any conflict between these Terms of Use and any Order, the Order shall prevail to the extent of the conflict.

When an Order is formed through purchase order acceptance pursuant to Section 2(c), the terms of the applicable quote or proposal are incorporated into the Order and, together with these Terms of Use, constitute the entire agreement between the parties. Any additional or conflicting terms contained in Customer's purchase order, vendor forms, or other procurement documents that are inconsistent with these Terms or the accepted quote are expressly rejected unless CNA Simulations explicitly agrees to such terms in a writing signed by an authorized officer of CNA Simulations.

24.9 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.

24.10 Order Formation and Precedence

When an Order is formed through multiple documents (such as a Master Agreement plus individual Order Forms, or a quote plus purchase order), the documents shall be interpreted together with the following order of precedence in case of conflict:

1. Specific terms in the most recent Order Form, Statement of Work, or accepted quote

2. Master Service Agreement or Master Order Form (if applicable)

3. These Terms of Use

4. CNA Simulations' Privacy Policy

Notwithstanding the above, mandatory provisions related to data protection, security, and privacy (Sections 12, 12A, 12B, 12C) cannot be modified or superseded except through explicit written amendment signed by both parties' authorized representatives.

25. State Consumer Privacy Notice

This State Consumer Privacy Notice provides information about CNA Simulations' privacy practices for residents of states with comprehensive consumer privacy laws. This Notice supplements our Privacy Policy and Section 12C (State Privacy Law Compliance) of our Terms of Use.

(a) Categories of Personal Information Collected

We collect the following categories of personal information: (i) Identifiers (name, email address, phone number, username); (ii) Educational information (institution name, course enrollment, performance data); (iii) Commercial information (purchase history, access codes); (iv) Internet or network activity (device information, IP address, usage data); (v) Geolocation data (general location based on IP address); (vi) Professional information (for institutional contacts: title, department); and (vii) Inferences drawn from the above to create user profiles.

(b) Sources of Personal Information

We collect personal information from: (i) Directly from you (account registration, service use); (ii) Your educational institution (enrollment data, course assignments); (iii) Third-party retailers (access code purchases); and (iv) Automatically through our Service (usage data, device information).

(c) Business and Commercial Purposes for Collection

We use personal information for: (i) Providing and maintaining the CNA Simulations Service; (ii) Processing transactions and managing accounts; (iii) Communicating with you about the Service; (iv) Improving our Service and developing new features; (v) Analytics and research (using anonymized data); (vi) Complying with legal obligations; and (vii) Protecting security and preventing fraud.

(d) Categories of Third Parties We Share With

We may share personal information with: (i) Your educational institution (if you are a student user); (ii) Service providers (hosting, payment processing, customer support, email communications); (iii) Professional advisors (legal, accounting); and (iv) Government entities (when required by law).

(e) Sale and Sharing of Personal Information

CNA Simulations does not sell personal information. We do not share personal information for cross-context behavioral advertising.

(f) Retention Periods

We retain personal information for as long as necessary to provide the Service, comply with legal obligations, and resolve disputes. Specific retention periods are described in Section 12 (Your Data) of our Terms of Use. For FERPA-covered educational records, retention follows institutional direction. For non-FERPA users, account data is retained during active use and for up to 6 months after account termination, with deletion available upon request.

(g) Your State Privacy Rights

Residents of states with comprehensive privacy laws have specific rights described in Section 12C of our Terms of Use, including: (i) Right to confirm data processing and access your information; (ii) Right to correct inaccurate personal information; (iii) Right to delete personal information; (iv) Right to obtain a portable copy of your personal information; (v) Right to opt-out of targeted advertising, sale, and certain automated decision-making; and (vi) Right to non-discrimination for exercising privacy rights.

(h) How to Exercise Your Rights

To exercise your privacy rights, submit a request to: Email: hello@cnasimvr.com with "[Your State] Consumer Rights Request" in the subject line; Phone: (240) 213-3050; Mail: 4600 Powder Mill Road, Suite 450 #1069, Beltsville, MD 20705

(i) Contact Information

For questions about this privacy notice or our data practices, contact: 

Learn Care Together LLC d/b/a CNA Simulations

4600 Powder Mill Road, Suite 450 #1069, Beltsville, MD 20705

Email: hello@cnasimvr.com

Phone: (240) 213-3050

Website: www.cnasimvr.com

(j) California-Specific Information

California residents should also review our California Privacy Notice at [URL needed] for additional CCPA/CPRA-specific information including our "Do Not Sell or Share My Personal Information" link.

(k) State-Specific Appeal Process

Residents of Colorado, Connecticut, Montana, Oregon, and Virginia have the right to appeal denied requests. To appeal, email hello@cnasimvr.com with "[State Name] Privacy Appeal" in the subject line. We will respond within 60 days. If your appeal is denied, you may contact your state attorney general: California: oag.ca.gov; Colorado: coag.gov; Connecticut: ct.gov/ag; Virginia: oag.state.va.us; and other applicable states as listed in Section 12C.