Edify Website Terms of Use

 

Updated September 21, 2021

 

Edify Labs, Inc. (“Edify”), requires that all visitors to this world wide web site www.edify.cx owned, operated, licensed, and controlled by Edify (the “Edify Website”) adhere to the following Terms of Use. By accessing and using the Edify Website, you indicate your acknowledgement and acceptance of these Terms of Use. If you do not agree with these Terms of Use, you should not use the Edify Website. The term “you” or “your” refers to the user or viewer of the Edify Website. Edify may change, suspend or discontinue any aspect of the Edify Website at any time, including the availability of any feature, database or content. Edify may also impose limits on certain features and services and/or restrict your access to parts or all of the Edify Website without notice or liability of any kind. The terms of service at www.edify.cx/tos or the terms and conditions of an Edify customer’s master service agreement for any portion of the Edify Website will control in the event of any provisions that may conflict with these Terms of Use.

 

  1. Terms of Use

 

Please read these Terms of Use carefully. By accessing or using the Edify Website you agree to these Terms of Use. If you do not agree with these Terms of Use you are not authorized to access or use the Edify Website for any purpose.

 

  1. Privacy

 

Our Privacy Policy at www.edify.cx/privacy describes how we collect and use the information that you submit in connection with your use of the Edify Website. Please review our Privacy Policy carefully before submitting your information to us. Your use of the Edify Website is subject to the practices disclosed in our Privacy Policy.

 

  1. Acceptable Use Policy

 

Our Acceptable Use Policy at www.edify.cx/aup describes rules that apply to any customer or end user using any services provided by Edify including the Edify Website. Please review our Acceptable Use Policy carefully before submitting your information to us. Your use of the Edify Website is subject to the practices disclosed in our Acceptable Use Policy.

 

  1. Restrictions on Use

 

All the Edify Website products and services, information, materials, data, (including, without limitation, text, information, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, and search engines) provided by Edify through the Edify Website (the “Contents”) are copyrighted and owned or controlled by Edify unless otherwise noted and may be protected by U.S. and foreign copyright, trademark and other intellectual property laws. Any unauthorized use of the Contents on the Edify Website may violate copyright, trademark and other laws and intellectual property rights of Edify or third parties. Unauthorized use may give rise to a claim for damages and/or be a criminal offense. Contents from the Edify Website may not be modified, copied or distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of Edify. The Contents on the Edify Website are provided for lawful purposes only.

 

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Edify Website. You agree that you will abide by these Terms of Use and will not:

 

  • Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
  • Use or attempt to use another user’s account without authorization from such user and Edify;
  • Use the Edify Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the services or that could damage, disable, overburden or impair the functioning of the services in any manner;
  • Reverse engineer any aspect of the services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area, or code of the Edify Website;
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the services that you are not authorized to access;
  • Develop any third-party applications that interact with user content (defined below) or the services without our prior written consent;
  • Use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Edify Website, extract data or otherwise interfere with or modify the rendering of pages or functionality; or
  • Use the Edify Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms of Use.

 

To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our Terms of Use and policies. If we determine that you have violated these Terms of Use or our policies, we may take action against you to protect our community and services, including by suspending access to your access, disabling it or terminating it. We may also suspend, disable or terminate your customer account if you create risk or legal exposure for us or when we are permitted or required to do so by law.

 

  1. User Content

 

The Edify Website includes the Edify Learning Lab ‘Catalyst’ at www.edify.cx/catalyst which includes role-specific courses and instructional articles where users can learn about Edify products in an interactive environment. The Edify Website also includes ‘sandbox’ area for new and prospective users to tour and ‘test-drive’ Edify products.

 

The Edify Website may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). If you decide to share your User Content with others through the Edify Website, you understand that this User Content may be viewable by others. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Edify Website, and that you will comply with our community guidelines, which are incorporated herein by reference. By using the interactive features and areas of the Edify Website or our pages or feeds on third party social media platforms (e.g., Edify’s Facebook page, Instagram page or Twitter feed), you further agree not to create, post, share or store any of the following:

 

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • User Content that impersonates, or misrepresents your affiliation with, any person or entity;
  • User Content that references or depicts Edify or our products and services but fails to disclose a material connection to us, if you have one (for example, if you are an Edify employee);
  • User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • User Content that contains any private or personal information of a third party without such third party’s consent;
  • User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Edify Website, or that may expose Edify or others to any harm or liability of any type.

 

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Edify Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Edify Website at your sole cost and expense. Further, Edify reserves the right to delete, move or edit material that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.

 

By uploading, posting or submitting User Content to Edify through the Edify Website or through our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is non-confidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) the User Content is accurate and not misleading or harmful in any manner, and (d) the User Content, and your use and posting thereof, does not and will not violate these Terms of Use or any applicable law, rule, regulation or third party right (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Edify will not be required to treat any submission of User Content as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Edify operations or Contents. Except as noted below in this paragraph, Edify will be entitled to use the User Content for any commercial or other purpose whatsoever without compensation to you or any other person sending the User Content. You agree to indemnify, defend and hold Edify harmless for any liability arising due to the use or distribution of those materials. You further grant Edify the right to use your name in connection with the reproduction or distribution of such material.

 

By uploading, posting or submitting User Content you own to Edify through the Edify Website or through our pages or feeds on third party social media platforms, you retain your ownership of your intellectual property rights. We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Edify Website or to our pages or feeds on third party social media platforms you hereby grant Edify a nonexclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content, in whole or in part, in order to provide you with services now known or later developed.

 

Personally identifiable information that may be received at the Edify Website is provided voluntarily by a visitor to the Edify Website and is governed by the terms of our Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not Edify, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

 

  1. Edify Trademarks

 

Certain of the names, logos, and other materials displayed on the Edify Website may constitute trademarks, trade names, service marks or logos (“Marks”) of Edify or other entities. You are not authorized to use any such Marks without the express written permission of Edify. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. If you choose to provide us with any comments, suggestions, ideas or other feedback, you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation.

 

  1. Website Links

 

We will not be liable for any information, software, or links found at any other website, internet location, or source of information, nor for your use of them, nor for the acts or omissions of any such websites or their respective operators.

 

  1. Access and Communication Preferences

 

You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Edify Website, included related operational and promotional information (collectively, “Communications”) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us, (2) short messaging service (“SMS”) text message to the mobile number you provided us, (3) push notifications on your mobile device, or (4) by posting the Communications on the Edify Website. You can withdraw your consent to receive Communications by deactivating your account. You can opt-out of future Communications through SMS text message by replying “STOP” to the text or sending an email to info@edify.cx.com. If you access and use the Edify Website on your smartphone, tablet, or other mobile device, you must have wireless service through WiFi or a participating wireless service provider and a compatible mobile device. You are responsible for all charges (including data and messaging charges) related to your use of the Edify Website through your device. We do not guarantee that the Edify Website is compatible with any particular operating system, browser, mobile device or other software or equipment.

 

  1. RESTRICTION OF LIABILITY

 

EDIFY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS OR SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. EDIFY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN OR SOFTWARE AVAILABLE THROUGH THIS SITE, EVEN IF THERE IS NEGLIGENCE OR EVEN IF EDIFY OR AN AUTHORIZED EDIFY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. EDIFY’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE EDIFY WEBSITE.

 

  1. DISCLAIMER

 

Except as otherwise described, all content on the Edify Website is made available only to provide information about Edify and its products and services. The Contents on the Edify Website could include technical inaccuracies or typographical errors. Also, Edify may make changes or improvements to the Edify Website at any time.

 

THE CONTENTS ON THE EDIFY WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. EDIFY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. EDIFY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE EDIFY WEBSITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EDIFY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE CONTENTS ON THE EDIFY WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. EDIFY MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE EDIFY WEBSITE. YOU (AND NOT EDIFY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. FURTHER, INFORMATION CONTAINED ON THE EDIFY WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR ANY PURPOSE. EDIFY SHALL NOT BE LIABLE FOR ANY RESULTS OBTAINED OR NOT OBTAINED AS A CONSEQUENCE OF THE USE OF THE INFORMATION CONTAINED ON THE EDIFY WEBSITE.

 

ANY REFERENCE TO EDIFY OR THE INFORMATION CONTAINED ON THE EDIFY WEBSITE FOR COMMERCIAL PURPOSES, INCLUDING CITATION IN ANY ADVERTISING, SALES COLLATERAL OR OTHER MARKETING MATERIALS, IS STRICTLY PROHIBITED.

 

To the fullest extent permitted by applicable law, you release Edify from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to the Edify Website. If you are a California resident, you hereby waive any rights you may have under California Civil Code § 1542, which provides that “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party,” as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

  1. Linked Sites

 

The Edify Website may include links to other sites which are not maintained by Edify. Edify is not responsible for the content of those sites and makes no representations whatsoever concerning the content or accuracy of, opinions expressed in or other links provided by, such other sites. The inclusion of any link to such sites does not imply endorsement by Edify of the sites or any products or services referred to therein. Edify may terminate a link at any time. The terms of use and privacy policies applicable to such sites may be different from those applicable to the Edify Website. If you decide to access any third-party site linked to the Edify Website, you do so entirely at your own risk and Edify shall have no liability for any loss or damage arising from your use of any such site.

 

  1. Linking and Logo Policy

 

By linking to any page on the Edify Website, you hereby agreed to be bound by the following terms and conditions. Except as provided in this paragraph, Edify prohibits site caching, the use or posting of unauthorized hypertext links to the Edify Website and the framing of any content available through the Edify Website. You may link to the Edify Website only via the Site’s home page (i.e., www.edify.cx) or a designated gateway page. A gateway page is any page that is the first and primary page that serves as a starting point to a significant body of content. Links can be by text only and may only read “Edify.” Images of the Edify logo can only be used for link purposes and can only be made with the express written permission of Edify. Any requests for such permission or for permission to link to the Edify Website in a manner other than as permitted in the preceding paragraph should be addressed to info@edify.cx. By linking to the Edify Website, you acknowledge and agree that, other than as set forth herein, all rights to the Edify trademarks or service marks used on the Edify Website, the content appearing on the Edify Website and the design of the Edify Website belong to Edify. You must not misrepresent your relationship with Edify or present false or misleading impressions about Edify. No links to the Edify Website may be used in a manner that implies or suggests that Edify approves or endorses you, your website or your goods and services (in all cases, except as Edify may have agreed separately with you in writing). Edify shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend Edify against all claims against Edify arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. Edify reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to the Edify Website from your website. This is not a license, but subject to your compliance with the above terms, Edify agrees to grant you the use of the “Edify” name solely for the purpose of establishing a link to the Edify Website as permitted hereunder. Except for the limited permission to use the “Edify” name as set forth in this paragraph, you may not use any of Edify’s trademarks or service marks for any other purpose without the express written permission of Edify. Edify may at any time, in its sole discretion, without cause, withdraw the permission granted herein to use the “Edify” name and your right to link to any pages on the Edify Website. In such event upon request, you agree to immediately remove all links to the Edify Website and to cease using the “Edify” name for linking purposes. Thereafter, any future links to the Edify Website will require the express written permission of Edify. Edify reserves the right to amend these linking terms and conditions at any time. By continuing to link to the Edify Website, you agree to be bound to and abide by these linking terms and conditions, as well as other legal terms of use and conditions on the Edify Website, as amended from time to time.

 

  1. Termination; Cancellation

 

We may change the Edify Website at any time. We may discontinue offering the Edify Website, and we may suspend or terminate your right to use our Edify Website at any time, in the event that you breach these Terms of Use, for any other reason or for no reason at all, in our sole discretion, and without prior notice to you, except as otherwise agreed by us in an agreement with you or an entity or other person through which you receive your access to the Edify Website. These Terms of Use will survive and continue to apply after any suspension, termination, or cancellation, except that your access rights and other rights will be suspended, terminated or cancelled, respectively. Edify shall retain all rights, including all copyright rights and the right to use User Content as provided herein, and the limitations on use and treatment of the contents shall remain in full force.

 

  1. Changes to the Terms Of Use

 

We reserve the right to change the terms of these Terms of Use by posting revised Terms of Use on our website. Your continued use of the Edify Website after we post the change on our website constitutes your acceptance of them. The last date these Terms were revised is set forth at the top of these Terms. If you do not agree to any of the changes to these Terms of Use, you are required to stop using the Edify Website.

 

  1. Governing Law and Jurisdiction

 

These Terms of Use shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws and the parties agree to the exclusive personal and subject matter jurisdiction and venue of the courts located in Los Angeles, California. If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Edify Website for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Edify Website.

 

  1. International Users

 

Edify controls and operates the www.edify.cx site and makes no representation that the contents on the Edify Website are appropriate or available for use in other locations. The Edify Website may contain content, services, or information otherwise not accessible or valid in your country. Access to the Edify Website from outside the United States is at your own risk and Edify does not take responsibility for your use of the Edify Website. Any offer for any product or service made on the Edify Website is void where prohibited by law. If you use the Edify Website from a location other than the location where the site is controlled and operated, you are responsible for compliance with applicable local laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

If you have a question or comment regarding the Edify Website, Edify’s products or services, or these Terms of Use please contact us via email at info@edify.cx or at the address: 401 Wilshire Blvd, Suite 1000, Santa Monica, CA, 90401.