RediLearning Corporation (“RediLearning,” “we,” “us,” or “our”) welcomes you. We invite you to visit us at our Website and access and use our Services, which we provide to you via our proprietary training and educational Platform.

We provide access to our Website and Platform subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas of the Website or by accessing and using the Services via the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website or the Platform.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

  1. DESCRIPTION AND USE OF SERVICES

RediLearning strives to set the standard in continuing education by bringing together both expert content and advanced learning science to deliver the highest quality learner engagement with the absolute maximum convenience.

We provide Visitors and End Users with access to the Website and Platform as described below.

Visitors. Visitors, as the term implies, are people who do not register with us, but want to view all publicly-available content on the Website. No login is required for Visitors.

End Users. Registration and login is required for all End Users, who can: (i) register for and view our courses and complete the necessary testing to earn continuing education credits; (ii) access, manage, and update their own personal accounts; (iii) post comments and other content (collectively, “User Content”); (iv) sign up for our various programs; and (v) sign up for alerts and other notifications.

RediLearning is under no obligation to accept any individual as an End User, and may accept or reject any registration in its sole and complete discretion. In addition, RediLearning may deactivate any account at any time, including, without limitation, if it determines that an End User has violated these Terms of Use.

  1. COMMUNITY GUIDELINES

RediLearning’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Website and/or the Platform, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

  • You will not use the Website or the Platform for any unlawful purpose;
  • You will not upload, post, e-mail, transmit, or otherwise make available any User Content that:
    • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
    • is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
    • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
  • You will not “stalk,” threaten, or otherwise harass another person or organization;
  • End Users may not spam or use the Platform to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
  • End Users must stay on topic (i.e., if an End User posts any User Content, it must relate to a particular course);
  • You will not access or use the Website or the Platform to collect any market research for a competing business;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • End Users will complete all tests in accordance with the instructions provided during the course;
  • You will not interfere with or attempt to interrupt the proper operation of the Website or the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data mining, or any other means;
  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button);
  • You will not use any robot, spider, scraper, or other automated means to access the Website or the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
  • Please let us know about inappropriate content. If you find something that violates our Community Guidelines, let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website and/or the Platform, or any portion thereof, without notice, and to remove any content that does not adhere to these Community Guidelines.

  1. RESTRICTIONS

The Services are available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

  1. PAYMENT

You agree that RediLearning may immediately authorize your credit card (or other approved facility) for payment for any charges incurred under your Password (as defined below).

As set forth more fully in Section 5 below, you must keep your Password strictly confidential. You are fully responsible for all activities that occur under your Password, and you agree to be personally liable for all charges incurred under your Password. Your liability for such charges shall continue after termination of this Agreement.

If you have a question about any RediLearning charge on your credit card statement, please follow the instructions found on the Website to contact customer service.

  1. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS

During the registration process for End Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one End User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. RediLearning will not be liable for any loss or damage caused by any unauthorized use of your account.

  1. COURSES; TESTING; TECHNICAL SUPPORT; REFUNDS

When an End User orders a course (the “Purchase Date”) on the Platform, he or she will have ninety (90) days from the Purchase Date to view the course and complete the test to earn the applicable continuing education credits. Once an End User begins a course during this ninety (90) day window, he or she will have fourteen (14) days to view the course and complete the associated test. During this fourteen (14) day period, the End User has the ability to view the course and take the test as many times as necessary to successfully complete it. After an End User successfully completes a course, we will send the necessary paperwork so that End User receives the appropriate continuing education credits.

RediLearning shall provide online, telephone, and/or e-mail support to End Users Monday through Friday (excluding national holidays) from 8:00 AM to 6:00 PM Eastern Standard Time relating to any failure of the Platform to operate substantially in accordance with its intended functionality (an “Error”), provided that: (i) the End User promptly informs us of any suspected Error; and (ii) the End User furnishes us any written documentation with respect to any such Error we reasonably request. Our obligation hereunder is limited to correction of the defective portion of the Platform and not to errors or malfunctions involving the End User’s hardware, software, or Internet connection, all of which the End User is responsible for procuring, maintaining, and supporting.

End Users may receive a full refund for any purchases they make via the Platform, provided: (i) they request such refund within thirty (30) days of the Purchase Date (the “Refund Period”); and (ii) they have not yet accessed or viewed the applicable course. If an End User requests a refund during the Refund Period for a course that he or she has already started, but not yet completed, RediLearning will provide a store credit of equal value to the course for which the End User is seeking a refund. RediLearning does not provide any refunds or store credits for requests initiated after the Refund Period or for courses that have been completed.

  1. INTELLECTUAL PROPERTY

The Website and the Platform contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of RediLearning (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content (other than your own User Content), and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content, the Website, and the Platform automatically terminates.

The trademarks, service marks, and logos of RediLearning (“RediLearning Trademarks”) used and displayed on the Website and the Platform are registered and unregistered trademarks or service marks of RediLearning. Other company, product, and service names located on the Website and the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the RediLearning Trademarks, the “Trademarks”). Nothing herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of RediLearning Trademarks inures to our benefit.

Elements of the Website and the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

  1. USER CONTENT; LICENSES

As noted above, the Platform provides End Users the ability to post and upload User Content. You expressly acknowledge and agree that once you submit your User Content, it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT REDILEARNING, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT TO US.

You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, perpetual, royalty-free, freely sublicensable license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your User Content and all intellectual property and moral rights therein via the Website and the Platform throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related User Content permitted by the previous sentence and/or to advertise and promote the Services, the Platform, the Website, and/or RediLearning. Without limiting the foregoing, you acknowledge and agree that uses of your User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

If you submit User Content to us, each such submission constitutes a representation and warranty to RediLearning that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under the prior paragraph, that it and its use by RediLearning and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines, and that it does not contain any viruses or other destructive elements.

  1. COMMUNICATIONS WITH US

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information.

  1. NO WARRANTIES; LIMITATION OF LIABILITY

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE WEBSITE OR THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE CONTENT OR THE USER CONTENT. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE, THE PLATFORM, OR THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES, THE WEBSITE, THE PLATFORM, THE CONTENT, AND THE USER CONTENT AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THE WEBSITE, THE PLATFORM, OR THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, THE PLATFORM, THE SERVICES, THEIR SERVERS, THE CONTENT, OR THE USER CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE, THE PLATFORM, THE SERVICES, THE CONTENT, OR THE USER CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE WEBSITE, THE PLATFORM, THE SERVICES, THE CONTENT, AND THE USER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, INABILITY TO USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF THE WEBSITE, THE PLATFORM, THE SERVICES, THE CONTENT, OR THE USER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. EXTERNAL SITES

The Website and the Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

  1. REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION

(a)        You hereby represent, warrant, and covenant that:

  • You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Content and any other works that you incorporate into your User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
  • Use of your User Content in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
  • You shall not submit any User Content that violates our Community Guidelines set forth above.

(b)        You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use or misuse of the Content, the User Content, the Website, the Platform, or the Services, and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

  1. COMPLIANCE WITH APPLICABLE LAWS

The Website, the Platform, and the Services are based in the United States. We make no claims concerning whether the Content, the User Content, and/or the Stories may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, the Platform, the Services, the Content, or the User Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

  1. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to: (i) restrict, suspend, or terminate this Agreement and your access to all or any part of the Website or the Platform, at any time and for any reason without prior notice or liability; and (ii) change, suspend, or discontinue all or any part of the Website or the Platform at any time without prior notice or liability; provided, however, that if we do any of the foregoing for our convenience (i.e., not as a result of your breach of this Agreement), you shall receive a full refund for any courses you have paid for but not completed.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT

RediLearning respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or User Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any “Notification of Claimed Infringement” which may be given under that Act is as follows:

RediLearning Corporation
4800 North Federal Highway
Suite 300 B
Boca Raton, FL 33431
Attention: DMCA

If you believe that your work has been copied on the Website or the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website or Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

  1. MISCELLANEOUS

This Agreement is governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Florida; and (ii) that the Website, the Platform, and the Services shall be deemed passive that do not give rise to personal jurisdiction over RediLearning, either specific or general, in jurisdictions other than Florida. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Payment,” “Intellectual Property,” “User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.