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Nema Academy Terms of Use

Effective as of Sept 26, 2019


Please read the following carefully.
Welcome to NEMA Academy!
We’re delighted to have you on our website and maybe even using our service (the "Services"). We wish you the best of luck as you use our cinematic and turnkey tools to reach audiences and inspire the next generation of electrical manufacturers. Please continue reading to learn about the terms by which you may use our website and/or mobile services (collectively, the "Services") which are owned, operated and provided by Edge Factor Inc. o/a NEMA Academy (“NEMA Academy”, “we”, “our”, “us”). The terms below are important, so please find a comfy chair and read them and our Privacy Policy carefully before using our Services. If you have questions about these Agreements, please contact us by visiting our Contact Us page.
Any person who wishes to use our Site or Services must accept these Terms of Use without change. BY USING THE SITE AND THE SERVICES, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE AND ALL RELATED POLICIES AND GUIDELINES OF THIS SITE, INCLUDING THE PRIVACY POLICY, AS INDICATED IN THESE TERMS OF USE ARE INCORPORATED BY REFERENCE.
If you are a business, organization, or an event coordinator at such organization, who has subscribed to the NEMA Academy Services, then you are an "Organization". If you are accessing the Services through an Organization's subscription then you are an "Event Coordinator".
If you are accessing resources that were shared by an Organization or event coordinator, then you are an “Audience Member”.
IMPORTANT - The NEMA Academy Services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you may only use the NEMA Academy Services under the supervision of a parent or legal guardian who agrees to be bound by these Agreements.

1. Modifications to Terms of Use

These Terms of Use or any other policies or guidelines governing our Site and Services are subject to change by NEMA Academy at any time in its sole discretion. Any changes will be effective upon the posting of the revisions on our Site. When we make material changes to the Agreements, we’ll provide you with prominent notice within the Service or by sending you an email. Your use of our Site and Services will be subject to the most current version of the Terms of Use posted on our Site at the time of such use. Your continued use of our Site and Services after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms of Use regularly. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OF USE, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF OUR SITE AND SERVICES.

2. Privacy Policy

Please click here to read and review our Privacy Policy, which describes our privacy policies and practices in detail, as we may amend such policy from time to time. We advise you to also check our Privacy Policy on a frequent basis for changes. You hereby consent to our use of your personal information in accordance with the terms and for the limited purposes described in our Privacy Policy. By agreeing to these Terms of Use, you acknowledge and agree that certain information about you is subject to our Privacy Policy.

3. Our Services

We offer Content and functionality within the Site and Services to Event Coordinators at no cost ( “Free Service”). We reserve the right, in our absolute discretion, to determine your eligibility for the free service, and, subject to applicable laws, to withdraw or to modify the free service at any time without prior notice and without liability, to the greatest extent permitted under the law. Cancellations can be made any time by contacting Customer Support.

4. Customer Support

For customer support with account related questions, please visit our Contact Us page. If you’re questions are not answered by the available help resources, please contact us using the form or the contact information on that page. We will use reasonable efforts to respond to all customer support questions and concerns, but we make no guarantees or warranties of any kind that any customer support queries will be responded to within a certain time frame, or that the responses will be satisfactory to the receiver. Not all problems may be addressed and we reserve the right to make a reasonable effort to resolve any issue but are not legally responsible to do so. In certain instances, Customer Service may best be able to assist you by accessing your account remotely. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

5. Access to Our Services

  1. The NEMA Academy Services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you may only use the NEMA Academy Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
  2. If you’ve been removed from the Services previously, you’re not allowed to use them again.
  3. If you are aware NEMA Academy is collecting information from a child under age 13 without parent or guardian consent, please contact us immediately at info@edgefactor.com for the purpose of deleting this information.

6. Your General Representations and Warranties

You represent and warrant to us that:
  1. DECISION TO USE OUR SERVICES - You are a natural person and you have made an independent assessment of the services we offer and have determined whether the service provides value to you.
  2. COMPLIANCE WITH LAWS - Your use of the Site, Content, or Service does not violate any applicable law or regulation and that you undertake to abide by all applicable local, provincial, federal and international laws and regulations when using the Site, Content, or Services.
  3. USE OF SITE OR SERVICES - You will not use the Site, Service, Content, or any feature for any purpose that is prohibited by this Agreement.
  4. CHANGED CIRCUMSTANCES - You will notify us promptly regarding any changes in your Client Information that could affect the information we provide to you or our ability to communicate with you.
  5. OUR INTELLECTUAL PROPERTY - You will not, directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, Service, or Content unless and to the extent applicable laws specifically prohibit such restriction, (ii) create derivative works of any part of the Site, Service, or Content or any other aspect, (iii) copy, distribute, or otherwise transfer any or all of the rights that you receive under this Agreement, or (iv) use or access the Site, Service, or Content in order to build a competitive product or service.

7. Your Registration Obligations

  1. We may at times require that you register and/or set up an account to use certain portions of our Services. In order to do so, you may be provided, or required to choose, a password, user ID, and/or other registration information, including, but not limited to, personal information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on our Site, if available, or by sending the corrected Registration Information to us at: info@edgefactor.com. If NEMA Academy believes that the Registration Information you provide is not correct, current, or complete, NEMA Academy reserves the right to refuse you access to its Site or Services. However, NEMA Academy has no obligation to verify the accuracy, currency, completeness or usefulness of any Registration Information that you have provided to us.
  2. If you are an Organization or Event Coordinator you may choose to share event resources with your Audience members. With respect to any audience, you acknowledge and agree that you will take reasonable steps to monitor your Audience’s use of the Services such that it is in accordance with these Terms of Use and to protect any Audience or Organization information from unauthorized disclosure.
  3. If you are accessing our Services on behalf of a body corporate (which includes a company or other organization with legal personality wherever or however incorporated), a partnership, a trust, a joint venture or an incorporated association or organization (the "Organization"), by accessing the Services, that Organization accepts these terms and you warrant that you are authorized to accept these terms on behalf of such Organization.

8. User ID/Password

  1. If you register and/or set up an account on the Site, you will be solely responsible for maintaining the confidentiality of any user ID, password, and similar information. You may not authorize others to use your user ID, password, or similar information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible. We recommend using “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols, and are not reused with any other service) with your account to avoid unauthorized use. Treat your password as you would a toothbrush; don’t share it with anyone and change it often.
  2. If you have reason to believe that your account is no longer secure (for example, following a loss, theft or unauthorized disclosure or use of your Registration Information), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Site if available, or notify us at info@edgefactor.com or as described in our Privacy Policy. We will not be responsible for the unauthorized use of your profile by any other person and disclaim any and all liability that may be associated with such use.
  3. We have the right, in our sole discretion, to cancel or change your username and password without notice to you.

9. License Grant and Restrictions on Use

  1. The Site, Service and, Content are the property of Edge Factor or Edge Factor’s licensors. So long as you comply with these Terms of Use and subject to any agreement entered into by you or your Organization, Edge Factor hereby grants to you a limited, non-exclusive, revocable license to make personal, non-commercial, use of the Service and a limited, non-exclusive revocable use of the Content (the “Licence”). You may not use our Services, Services, and Content for any other purpose without our express prior written consent.
  2. The Site, Services, and Content are licensed, not sold, to you. Except as expressly provided for in these Terms of Use, NEMA Academy reserves all rights, title and interest in the Site, Services or Content including all intellectual property and other proprietary rights.
  3. You may publicly show and use the Content in/at: classrooms, school assemblies, career days, booth spaces at exhibitions/trade shows, presentations, fundraisers, keynote presentations, or breakout sessions. Subject to these Agreements, and all applicable local, provincial, federal and international laws and regulations, you may share Content with an Event Audience.
  4. You may, to the extent our Site and Services (where applicable) expressly authorizes you to do so, download Content, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You agree not to store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Edge Factor. In the event that your membership expires, or is terminated by Edge Factor, you agree to delete and discontinue use of all downloaded Content. Any materials downloaded or otherwise obtained by you through the Service is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download and/or use of such material.
  5. You may use our Site and Services for your own personal, non-commercial use, and you may not use our Services for any other purpose without NEMA Academy's express prior written consent. For example, you may not (and may not authorize any other party to) co brand our Services or frame our Site without the express prior written permission of an authorized representative of NEMA Academy. For purposes of these Terms of Use, "co branding" means to display any name, logo, trade-mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our Services or which may confuse a user as the nature of the relationship between any party and NEMA Academy. You agree to cease and desist causing any unauthorized co-branding or framing upon notice from NEMA Academy and at all times you will cooperate with NEMA Academy following NEMA Academy's discovery of any such illegal activity.
  6. The license to the Content shall remain in effect until your membership expires, unless terminated by Edge Factor. This license expires when your Free Service expires or is cancelled, whichever comes first. You promise and agree that you are using the Content for your own personal, non-commercial use and that you will not redistribute or transfer the Site, Service, or the Content.
  7. We will make reasonable efforts to keep the Site and Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Site and Service, with or without notice, all liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Site or Service or any function or feature thereof. You understand, agree, and accept that we have no obligation to maintain, support, upgrade, or update the Site or Service, or to provide all or any specific content through the Site or Service. This section will be enforced to the extent permissible by applicable law. We and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permissible by applicable law.
  8. NEMA Academy may, at any time and without notice to you, suspend, disable, limit or terminate access or use of all or part of the Services for any reason and without any liability to you whatsoever. While NEMA Academy takes great care to ensure the Services are accurate, errors and/or inaccuracies may occur. NEMA Academy may change or update information on the Site at any time without notice, and availability of the Services. We make no representations that the Services are compatible with, or will function or operate with your device or equipment.

10. User Content

  1. By using our Services, you may have the opportunity to create events and post your own content (such as text, images, videos and other materials), comments or inquiries (collectively, "User Content") on our Site and through our Services. If you are an Audience Member of an “event”, the Event Coordinator or Organization may also provide us with User Content about you that we will upload to the Services. Any User Content you provide for display on the Site is considered non-confidential.
  2. When you access certain features on our Site and Services that allow you to post and share content with other users, we urge you not to share any personal information, confidential information, or any other information that you would not want to share with the general public.
  3. You agree to only post User Content to which you own all proprietary right, title and interest, or have a license or written consent from the owner to post such User Content on our Site or through the Services. You grant NEMA Academy a worldwide, royalty-free, fully-paid, non-exclusive, transferable, sub-licensable license to use, reproduce, publicly perform, publicly display, translate, modify, share, publish, distribute, and create derivative works of any User Content. Whether alone or in combination with other content or materials, in any manner and by any means, method, or technology whether now known or hereafter created. We acknowledge and agree that you will own all proprietary right, title and interest in your own User Content. Where applicable and permitted under applicable law, you agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to be object to derogatory treatment of such User Content.
  4. We may, but have no obligation to, review User Content before it is posted and we may refuse to post any User Content for any reason in our sole discretion. Additionally, we may, but we have no obligation to, monitor User Content already posted on the Site or Services. We may, but have no obligation to, edit or remove any User Content that we, in our sole discretion, determine to violate any applicable law, these Terms of Use, or the purpose of our Services, or that we determine to be offensive or inappropriate or for any other reason in our sole discretion.

11. Proprietary Information

  1. The entire contents of our Site and Services, including without limitation, all names, designs, graphics, images, illustrations, photographs, artwork, video, audio, software, code, data, text, displays, the Site and Services' "look and feel", logos, slogans, trade-marks, trade names, service marks, domain names, and the design, selection, arrangement and presentation of the Site as a collective work and/or compilation is protected under Canadian copyright, trade-mark, competition and other laws of Canada and other nations, and is owned by us or has been licensed to us. Except as expressly provided in these Terms of Use, nothing contained in this Site or provided by our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark, service mark, or any other intellectual property. User Content is owned by the person who posted the information on the Site and Services or the third party licensor, as the case may be.
  2. We respect intellectual property rights and expect you to do the same. We’ve established a few ground rules for you to follow when using the Site and Service. Please follow these rules and encourage other users to do the same. The following is not permitted for any reason:
    1. Copying, redistributing, reproducing, “ripping”, recording, transferring, from any part of the Site, Service, or the Content, or otherwise making use of the Service or the Content which otherwise infringes the intellectual property rights (such as copyright) in the Service or the Content or any part of it.
    2. Creating any derivative works, without express approval and permission from Edge Factor.
    3. Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Site, Service, Content or any part thereof unless permitted by applicable law.
    4. Omitting any video or audio clips in the Content.
    5. Circumventing any technology used by Edge Factor, its licensors, or any third party to protect the Content or Service.
    6. Circumventing any territorial restrictions applied by Edge Factor or its licensors.
    7. Selling, renting, licensing, sublicensing, or leasing any part of the Site, Service, or Content. You may not receive financial remuneration from any Content without the express permission from Edge Factor.
    8. Directly or indirectly selling a user account or accepting any compensation, financial or otherwise, to influence the name of a user account.
    9. Uploading Content to YouTube, Vimeo, Dropbox, or any other domain without our express permission. Just because you can download a file doesn’t mean you can upload it.
    10. Removing or altering any copyright, trademark, or other intellectual property notices contained or provided through the Site, Service, or Content (including for the purpose of disguising or changing any indications of the ownership or source of any Content)
    11. Interferes with or in any way disrupts the Site or Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Site or Service.
  3. We may, from time to time, provide you with information, documents or resources, verbally, electronically or written (collectively, "Documentation") owned by us or licensed to us which are protected under copyright, trade-mark, patent and other intellectual property rights. All content in the Documentation, including the collection, arrangement, and assembly of such content, is our exclusive property or licensed to us. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in anyway, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Documentation or content in the Documentation, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without our prior written consent. You must not permit, allow or do anything that would infringe or otherwise prejudice our proprietary rights or allow any third party to access the Documentation. The restrictions set out in these Terms of Use do not apply to the limited extent the restrictions are prohibited by applicable law.

12. Third Party Content

  1. Our Site and Services may also contain information or materials ("Third Party Content") that are owned or provided by persons other than NEMA Academy ("Third Party Providers"). NEMA Academy makes no representations and warranties with respect to any such Third Party Content and does not undertake to conduct any independent investigation of Third Party Content. Inclusion of Third Party Content from Third Party Providers with our Services does not mean, unless expressly stated otherwise, that NEMA Academy endorses or agrees with such Third Party Content.
  2. You may not promote, market, or advertise, or take any action that implies an endorsement from the Service, unless the you have independently obtained the rights to imply such a promotion or endorsement.
  3. You understand that you have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.
  4. You understand that Third Party Content is or may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You agree to abide by all copyright notices, information, and restrictions contained in any Content accessed through our website.
  5. If you believe that any Content infringes your intellectual property rights or other rights, see the Canadian Copyright Act. If Edge Factor is notified by a copyright holder that any Content infringes a copyright, Edge Factor may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Edge Factor with a request to restore the removed content.
    If you believe that Content does not comply with the Guidelines, please fill visit our Contact Us page.
  6. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Third Party Content, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of the Third Party Providers. You shall use your best efforts to stop any such copying or distribution immediately after you become aware of such use.

13. Hyperlinks

Our Services contain hyperlinks to other sites that are not maintained by, or related to, NEMA Academy. Hyperlinks to such sites are provided solely as a convenience to you and do not imply any endorsement by NEMA Academy of, any affiliation with or endorsement by the owner of the linked site. NEMA Academy has no control over such third party sites. NEMA Academy is not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to our Services. Use of such third party sites, including any information, links, commercial transactions, materials, products and services therein, is solely at your own risk. You also understand and agree that NEMA Academy's Privacy Policy is applicable only while you are using our Services. Once you are linked to another site, you should read the privacy statement of that site before disclosing any personal information.

14. Use of our Site and Services

  1. We expect that you will access and use our Site and Services in a professional, responsible and business-like manner in accordance with applicable laws and treat all users of the Site and Services (the "Users") lawfully and respectfully when posting User Content and interacting with Users through the Site and Services. By using our Services, you have the opportunity to engage in dialogue with representatives of NEMA Academy if you send us emails or contact us through our Site. We welcome your questions, suggestions, ideas and other information (collectively "Suggestions") that you communicate to us so long as any such Suggestions, User Content, or interaction is not obscene, illegal, threatening, defamatory, libellous, harmful, abusive, harassing, tortuous, homophobic, sexist, vulgar, obscene, hateful or racially, ethically or otherwise objectionable, invasive of privacy, infringing of third party intellectual property or privacy rights, or is otherwise injurious to third parties.
  2. You are solely responsible for any and all communication that happens between two parties on, or as a result of, our Site and Service. NEMA Academy is not responsible for any communication nor does it endorse any opinion contained in any communication between the two parties. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST {OWNERNAME} RELATED TO COMMUNICATION THAT HAPPENS ON, OR AS A RESULT OF, OUR SITE AND SERVICE, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD {OWNERNAME} HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
  3. We may, in our sole discretion and for any reason or no reason at all, remove or limit a users access to any any Content or features within the Service, which may include but is not limited to information (outside the scope of the NEMA Academy Service), suggestions, comments, links, information, data, files, videos, text, photographs, software, scripts, graphics, and interactive features generated, provided or otherwise made accessible by us or by others who are outside our control.
  4. You are not obligated to provide us with Suggestions regarding our Site or Services. However, if you do provide us with Suggestions, then we retain all rights to any Suggestions that you may provide to us and you agree to grant us a non-exclusive, worldwide, royalty-free, irrevocable license to use your Suggestions in any commercial manner.
  5. You further agree that you must use our Site and Services for lawful purposes only and represent and warrant that you will not use our Site and Services to:
    1. e-mail, provide us with or otherwise transmit any Suggestions or User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
    2. e-mail, provide us with or otherwise transmit any Suggestions or User Content that infringes, misappropriates, or otherwise violates any third party's copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
    3. remove any proprietary notices or labels, or any promotional or advertising material, from our Site and Services;
    4. e-mail, transmit or send via the Internet any unsolicited or unauthorized advertising, branding, promotional materials, commercial solicitation, political campaigning, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    5. impersonate any person or entity or misrepresent your affiliation with any other person, company or entity, including without limitation, using a false email address or misleading us as to your identity when you are on our Site or otherwise communicating with us;
    6. upload, e-mail, send via the Internet or otherwise transmit, any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site's infrastructure or limits the functionality of any NEMA Academy or third party computer hardware, software, networks, or hardware or telecommunications equipment;
    7. interfere or attempt to interfere with or disrupt our Site or Services including but not limited to our servers or networks connected to our Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any "denial of service" attacks, "spamming", "crashing", "flooding" or "mail-bombing" our Site or disobeying any requirements, procedures, policies or regulations of networks connected to our Site and Services;
    8. direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at our computer systems or otherwise, create unreasonable load upon any of our computer hardware, network, storage, input/output or electronic control devices;
    9. intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with our Site and Services or any User Content;
    10. modify, adapt, assign, copy, sublicense, translate, rent, sell, reverse engineer, decompile or disassemble any of our Services (except as may be expressly permitted in these Terms of Use), including but not limited to any portion of our Site;
    11. Collect, store, distribute, post, revise or delete any User Content or other personal information of other Users without their express consent;
    12. transmit any Information or User Content known by you to be false, inaccurate or misleading; or
    13. transmit any Information or User Content that is intimate, private or that you would not want the public to view or have access to.

15. Disclaimer of Warranties/Limitation of Liability

  1. You understand that we will use commercially reasonable efforts to provide our Site or Services but we cannot and do not guarantee or promise any specific and intended results from the use of our Site or Services. You also understand that any information in our Documentation is provided for your own convenience and is for informational purposes only. You acknowledge that any reliance on our Documentation and Services will be at your own risk and that you must evaluate and bear all risks associated with the use of our Documentation and Services. Any opinions and comments in User Content represents the views and opinions of the person that posted such User Content and in no way represent the views and opinions of NEMA Academy.
  2. We cannot and do not guarantee or promise any specific and intended results and benefits, including but not limited to financial or commercial, from the use of our Site or Services. You acknowledge that any use of our Site or Services will be at your own risk. You are solely responsible for any use of and results from using our services and site. Your use of our services and site is entirely at your own risk.
  3. We do not warrant or represent that files or information available for access or downloading from the Internet, hyperlinked sites, our Site or any files and emails from us will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties. YOUR USE OF THE INTERNET IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM ANY INTERNET ACCESS OR OUR SITE AND SERVICES.
  4. We cannot and do not guarantee or promise any specific and intended results and benefits, including but not limited to financial or commercial, from the use of our Site or Services. You acknowledge that any use of our Site or Services will be at your own risk. You are solely responsible for any use of and results from using our Services and Site.
  5. We shall not be liable for any failure to perform our obligations under this Agreement where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
  6. YOUR USE OF OUR SITE AND SERVICES AND DOCUMENTATION IS AT YOUR OWN RISK. OUR SITE, SERVICES, AND DOCUMENTATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT A COURSE OF DEALING OR USAGE OF TRADE FOR OUR SITE, SERVICES ,AND DOCUMENTATION. NEITHER {OWNERNAME} NOR ANY OWNER OF CONTENT WARRANTS THAT THE SITE, SERVICE, OR CONTENT IS FREE OF BUGS, MALWARE, OR OTHER HARMFUL COMPONENTS. IN ADDITION, WE MAKE NO REPRESENTATION NOR DO WE WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE AVAILABILITY APPROPRIATENESS, COMPLETENESS, ACCURACY, OR CURRENCY OF OUR SITE, SERVICES OR DOCUMENTATION. FOR GREATER CLARITY, WE DO NOT REPRESENT OR WARRANT THAT: (I) OUR SITE OR SERVICES DO NOT AND WILL NOT INFRINGE, OR BE SUBJECT TO ANY INTELLECTUAL PROPERTY CLAIMS, OR A CLAIM OF INFRINGING THE TRADEMARK OR OTHER RIGHTS OF ANOTHER PARTY; (II) OUR SITE, SERVICES, CONTENT, OR DOCUMENTATION WILL BE UNINTERRUPTED, FUNCTIONAL, SECURE, RELIABLE, ACCURATE, COMPLETE, CURRENT, USEFUL, SUITABLE, SECURE OR ERROR-FREE; (III) OUR SITE, SERVICES, CONTENT, OR DOCUMENTATION WILL BE SUITABLE, ACCURATE, CORRECT, RELIABLE, COMPLETE, TIMELY, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS IN ANY WAY; (IV) ANY DEFECTS IN OUR SITE, SERVICES, CONTENT, OR DOCUMENTATION WILL BE CORRECTED; (V) USER CONTENT WILL BE RESPECTFUL, APPROPRIATE, TRUTHFUL, ACCURATE OR IN FULL COMPLIANCE WITH THESE TERMS OF USE; AND (VI) WE HAVE VERIFIED OR ENDORSED ANY THIRD PARTY CONTENT. OUR SITE, SERVICES, CONTENT, OR DOCUMENTATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE, SERVICES, CONTENT, OR DOCUMENTATION AT ANY TIME.
  7. IN NO EVENT SHALL NEMA Academy, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, THIRD PARTY PROVIDERS, AGENTS OR ADVISORS ("ASSOCIATED PERSONS") BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF INCOME, LOSS OF PROFITS, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR OTHER ECONOMIC OR PERSONAL LOSS ARISING FROM OR IN CONNECTION WITH: (I) YOUR USE OF OR RELIANCE ON ANY USER CONTENT OR THE INFORMATION PROVIDED BY US ON OUR SITE, SERVICES OR STATED IN OUR DOCUMENTATION; (II) YOUR USE OF OR INABILITY TO USE OUR SITE OR SERVICES; (III) YOUR VIOLATIONS OF TRADEMARK INFRINGEMENT OR OTHER INTELLECTUAL PROPERTY RIGHTS; (IV) ANY FAILURE OF PERFORMANCE OF OUR SITE AND SERVICES, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; (V) THE UNAUTHORIZED USE OF YOUR ACCOUNT AND PASSWORD BY ANY PERSON; (VI) ANY THIRD PARTY CONTENT OR HYPERLINKED SITES; (VII) YOUR USER CONTENT OR OTHER INFORMATION THAT YOU TRANSMITTED OR SHARED WITH OTHER USERS OR THE PUBLIC THROUGH OR IN CONNECTION WITH OUR SERVICE; OR (VIII) ANY OTHER MATTERS RELATING TO OUR SITE, SERVICES AND DOCUMENTATION, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT WE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES.
  8. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM {OWNERNAME} SHALL CREATE ANY WARRANTY ON BEHALF OF {OWNERNAME} IN THIS REGARD.
  9. WE DISCLAIM ANY AND ALL SUCH ABOVE REPRESENTATIONS, WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW; CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS 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 MAY HAVE ADDITIONAL RIGHTS.

16. Indemnity

You agree at all times to defend, indemnify and hold harmless NEMA Academy, its employees, contractors, agents, officers, directors, successors, assigns, and other affiliated companies, and their employees, contractors, agents, officers and directors (the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including but not limited to your breach of any of the representations and warranties; (iii) your violation of any third-party right, including but not limited to any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation, including but not limited to FERPA and the Children’s Online Privacy and Protection Act (“COPPA”); (v) any content or information that is submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.

17. System Security

You are prohibited from using any services or facilities provided in connection with our Site or Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. NEMA Academy reserves the right to investigate suspected violations of these Terms of Use and to fully cooperate with any law enforcement authorities or court order requesting or directing NEMA Academy to disclose the identity of anyone believed to be violating these Terms of Use.

18. Applicable Law

These Terms of Use and any action related thereto or related to our Site, Services or Documentation shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement. You agree that any action at law or in equity arising out of or relating to these Terms of Use or your use of our Site, Services or Documentation will be filed only in a court located in London, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action arising out of or related to the Service or your use of our website must commence within two (2) years after the cause of action arose; otherwise, such cause of action is permanently barred.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration, using the English language in accordance with the Arbitration Act 1991, S.O. 1991, c. 17, as am. S.O. 2006, c. 1, s. 1; 2006, c. 19, Sched. C, s. 1(1) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in a Court of competent jurisdiction located in London, Ontario.
In any action or proceeding (including arbitration) to enforce rights under this Agreement, the prevailing party will be entitled to seek to recover reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith.
Your use of our Site, Services or Documentation is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use our Site, Services or Documentation in any such circumstances.

19. Termination

You acknowledge and agree that these Terms of Use shall remain in effect for so long as you use our Site, Services or Documentation. You agree that this agreement can only be terminated by you once you have stopped using our Site, Services and Documentation. NEMA Academy reserves the right to suspend or terminate your use of our Site, Services and Documentation and remove any Content from the Site and Services at any time, for any reason, with or without cause, without prior notice or explanation, if NEMA Academy believes that you are violating these Terms of Use in any way. If you wish to terminate your account, you many choose to cease your use of the Site, Services or Documentation or to send NEMA Academy notification by email at info@edgefactor.com. If you are dissatisfied with our Site, Services or Documentation, including these Terms of Use, your sole remedy is to discontinue using our Site, Services and Documentation.
Upon termination of your account and the Agreements you agree to delete all downloaded Content. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason.
You agree that all provisions of this Agreement which by their nature should survive termination shall survive termination.

20. Entire Agreement

Except where you or your Organization have entered into a specific agreement with NEMA Academy, these Terms of Use and any other legal notices, policies and guidelines of NEMA Academy linked to these Terms of Use constitute the entire agreement between you and NEMA Academy relating to your use of our Services and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on our Site.
No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in these respects.

21. No Agency; Third Party Beneficiary

NEMA Academy is not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms of Use is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of you and NEMA Academy.

22. Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without the prior written consent of NEMA Academy.

23. Severability

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

24. No Waiver

NEMA Academy will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by NEMA Academy. No delay or omission by NEMA Academy in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. NEMA Academy's failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of NEMA Academy's right to subsequently enforce such provision or any other provisions of these Terms of Use.

25. Headings

The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms of Use.
These Terms of Use were last modified on Jan 17, 2019.
Thank you for reading our Terms of Use. We hope you enjoy NEMA Academy!
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