Edia Learning, Inc.
Terms of Service
Effective: September 9, 2021
PLEASE READ CAREFULLY: This Terms of Service
includes information about your legal rights, remedies, and obligations
(including automatic renewal, cancellation charges, binding arbitration, and
waiver of class action).
This Terms of Service (“Agreement”) constitutes
a legally binding agreement made between you, whether personally or on behalf
of a school or other entity (“you,” “your,” or “User”) and Edia Learning, Inc.
(“we,” “us,” “our” or “Edia”) about your access to
and use of our education technology platform, which includes your access to and
use of our website, any related social networking site or pages, and any
associated mobile applications (the “Site”) and various tools, content,
features, products, services, and other materials we provide or that may be
offered or available in connection with the Site (our “Services”). The Site and
our Services are referred to together as the “Edia Learning Platform.”
Please read the Agreement carefully before using
the Edia Learning Platform. In
consideration of your accessing the Site, you acknowledge the importance of
protecting the integrity of the Edia Learning Platform and you agree to be
bound by this Agreement and to follow any additional rules, requirements, and
practices presented via the Site.
USE OF THE EDIA LEARNING PLATFORM IS CONDITIONED
ON ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY PART
OF THIS AGREEMENT, DO NOT USE THE SITE OR OUR SERVICES.
We reserve the right, at our sole and absolute
discretion, to update, modify, supplement, or delete any of the terms and
conditions of this Agreement at any time or for any reason without notice to
you. In addition, we may update, modify, suspend, or discontinue, any aspect of
the Edia Learning Platform, including the Site and/or our Services, at any time
or for any reason, effective without notice to you and without any liability to
us. There may be information presented via the Site that contains typographical
errors, inaccuracies, or omissions that may relate to our Services. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or
update the information at any time, without prior notice to you. We cannot
guarantee that the Site and our Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Edia Learning Platform, resulting in interruptions, delays, or
errors that impact the Site and/or our Services. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Site or our Services during any downtime or
discontinuance of the Site or our Services. Nothing in this Agreement will be
construed to obligate us to maintain and support the Site or our Services or to
supply any corrections, updates, or releases in connection therewith.
All updates or other modifications will be
effective immediately and subject to the terms of this Agreement. We will alert
you of any updates or other modifications by revising the date at the top of
this Agreement and you waive any right to receive specific notice of each such
update or modification. It is your responsibility to review this Agreement
periodically to stay informed of any updates and you agree to be responsible
for monitoring updates and other modifications to the Site and our Services.
Your continued use of the Edia Learning Platform after such posting means you accept
and agree to be bound by this Agreement, as modified. We also reserve the right
to terminate (or suspend access to) your use of the Edia Learning Platform, the
Site, our Services, or your Account, for any reason in our sole discretion,
including your failure to comply with this Agreement. We have the sole right to
decide if you are in violation of any of the terms stated in this Agreement.
You may create and maintain an account
(“Account”) to use the Edia Learning Platform. All information related to your
Account is subject to the terms of this Agreement and our Privacy Policy. You
create your Account by providing a login and password specifically for the Site
or by authenticating your identity with an integrated single sign-on provider,
such as Google. You are solely responsible for keeping your password
confidential and for any and all use of your password and Account. You are responsible for all the actions,
activities, and transactions that occur under your Account. If you suspect any unauthorized activity from
your Account or any breach of security, you must immediately inform us by email
at: support@edia.app.
When you create an Account, you agree to provide
current, complete, and accurate information about yourself. You further agree
to promptly update your Account to keep the information current. If we have
reasonable grounds to suspect that any information provided by you (or on your
behalf) via the Site or our Services is untrue, inaccurate, or incomplete or
your use of the Site or our Services is improper, all as determined by us in
our sole discretion, we may suspend or terminate your Account and refuse any
and all current or future use of the Edia Learning Platform. You are responsible
for all use of your Account under any name or password by any person or entity
and for ensuring that your Account complies with the provisions of this
Agreement. You agree to notify us immediately upon becoming aware of the loss,
theft, misappropriation, or unauthorized use of your password or Account. You
understand and agree that we will have no liability associated with or arising
from your failure to maintain accurate information about yourself. We may at
any time, in our sole discretion, suspend or terminate your Account for any
reason or terminate any of our Services that require an Account. Your Account
is non-transferrable. WE WILL NOT VERIFY INFORMATION YOU PROVIDE TO US OR THAT
IS CONTAINED IN YOUR ACCOUNT AND WE WILL NOT BE HELD ACCOUNTABLE, RESPONSIBLE,
OR LIABLE FOR ANY FALSE, MISLEADING, OR UNSUBSTANTIATED REPRESENTATION OR
TESTIMONIAL MADE BY ANY USER OF THE SITE OR OUR SERVICES.
Proprietary and Intellectual Property Rights. Unless otherwise indicated, the Edia Learning Platform,
including all content, source code, databases, functionality, software,
designs, audio, video, text, photographs, images, graphics, questions,
explanations, and other materials contained in the Site and/or our Services
that are associated with the Edia Learning Platform (collectively, “Proprietary
Materials”) are owned or controlled by us or other parties that have licensed
or otherwise provided their content to us. Proprietary Materials will be
protected in all forms, shapes, mediums, and capacities, whether or not
specifically delineated in this Agreement. The trademarks, service marks, and
logos (“Marks”) contained within Proprietary Materials are protected by
copyright and trademark laws and various other intellectual property rights and
unfair competition laws. The Proprietary Materials and Marks are provided on
the Site and our Services “AS IS” for your information and personal or
educational use only. No part of the Site or our Services and no Proprietary
Materials or Marks may be copied, reproduced, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission. We forbid the unauthorized use of Marks to create links. If
you are eligible to use the Site and our Services, then you are granted a
limited license to access and use the Proprietary Materials. We reserve all
rights not expressly granted to you in and to the Site, Our Services,
Proprietary Materials, and Marks.
Content. You
acknowledge and agree that any questions, comments, suggestions, ideas,
ratings, reviews, responses, answers, feedback, images, text, audio, video, or
other unsolicited content regarding the Edia Learning Platform, including the
Site or our Services ("Content") provided by you to us are
non-confidential and will become our sole property. We will own exclusive
rights, including all intellectual property rights, and we will be entitled to
the unrestricted use and dissemination of your Content for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you. You
hereby waive all moral rights to any such Content and you hereby warrant that
any such Content is original with you or that you have the right to submit such
Content. You agree there shall be no recourse against us for any alleged or
actual infringement or misappropriation of any proprietary right in your
Content. By submitting Content to us through the Site or by any other means,
you hereby release Edia from liability under any
legal theory in connection with the use, modification, sale, or disclosure of
any such Content. You also acknowledge and agree that we may access, use,
preserve, and disclose your Content to law enforcement authorities, government
officials, and other third parties if we believe it is legally required;
necessary to enforce this Agreement; useful to detect, prevent, or otherwise
address security, fraud, or technical issues; or reasonably necessary to
protect the rights, property, or our safety and the safety of our customers.
Deleted Content may be stored by us in order to comply with certain legal
obligations and such deleted Content will not be retrievable without a valid
court order.
Guidelines for Reviews. We may allow you to submit your ratings and/or reviews of
our Services (“Reviews”). Any Reviews you submit through the Site will be
treated as non-confidential and non-proprietary. Such Reviews are considered
Content and are governed by this Agreement. Reviews are not endorsed by us and
do not necessarily represent our opinions. We do not assume liability for any
Review or for any claims, liabilities, or losses resulting from any Review. By
submitting a Review, you hereby grant us a perpetual, non-exclusive, worldwide,
royalty-free, fully paid, assignable and sub-licensable right to license and
reproduce, modify, translate, transmit by any means, display, and/or distribute
all content relating to your Reviews. Any use of our Interfaces or the Services
in violation of the following guidelines for Reviews violates this Agreement
and may result in, among other things, termination or suspension of your right
to use the Site and our Services. We have no obligation to monitor your
Reviews; however, we may in our sole and absolute discretion, delete any Review
that contains any potentially damaging computer code, process, program,
application, or file; discloses proprietary information or trade secrets; is
unlawful or inappropriate; or contains information that is unrelated to the
Edia Learning Platform. When submitting a Review, you must comply with the
following criteria:
Copyright Infringement Policy We respect the
intellectual property rights of others and request that all users of the Edia
Learning Platform do the same. In accordance with the provisions of the Digital
Millennium Copyright Act (“DMCA”), if you believe that any content available in
or through the Site infringes upon any copyright you own or control, you may
send a written notice of copyright infringement (“Notification”) containing the
following information to our Designated Agent to Receive Notification of
Claimed Infringement (our “Copyright Agent”):
Send your Notification by email to support@edia.app. Please see DMCA 17 U.S.C. § 512(c)(3) for
the requirements for a proper takedown notification. Upon receipt of your
Notification, we will remove or disable access to the infringing content
identified in your Notification; however, we may ask you to provide further or
supplemental information prior to removing any content from our Interfaces.
Please be advised that pursuant to federal law you may be held liable for
damages if you make material misrepresentations in a Notification.
If a counter-notice is received by our Copyright
Agent, we may, in our discretion, send a copy of the counter-notice to the
original complaining party information that individual that we may replace the
removed material or cease disabling it in 10 business days. Unless the
copyright owner file an action seeking court order against the content provider
accused of committing copyright infringement, the removed content may be
replaced or access to it restored in 10 or more business days after receipt of
the counter notice, at our discretion.
The Site may contain links to other websites as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software and other content or items belonging to or originating
from third parties. Such third party websites and content
are not investigated, monitored or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for the accuracy, offensiveness,
opinions, reliability, privacy practices or other policies of third party
websites accessible by link from or to the Site. We may provide links to you
only as a convenience and the inclusion of, linking to or permitting the use or
installation of any link does not imply approval, affiliation, adoption, or
endorsement of any third party website by Edia. If you decide to click on a link or use or install
any content from a third party website, you do so at
your own risk. We take no responsibility whatsoever in relation to any
purchases you make on other websites.
We may accept advertisers to
display their ads and other information via the Site. We expect advertisers to
take full responsibility for any ads placed, any services provided, or any
products sold through those ads. By
using the Edia Learning Platform, the Site, or our Services, you expressly
relieve us from any liability arising from your use of the ads or third-party
websites. You agree that we do not
endorse the products or services offered in ads and you will hold us harmless
from any harm caused by your purchase of products or services or use of content
from advertisers or third party websites.
This Acceptable Use Policy is incorporated into
the Agreement and describes prohibited actions and activities. Any use of the
Site or our Services that does not comply with this Acceptable Use Policy may
result in, among other things, termination or suspension of your right to use
the Edia Learning Platform. When you access the Site or use our Services, you
represent and warrant as follows:
Capacity to Contract. You are either: (i) at least 18 years
of age and you have the legal capacity to enter into this Agreement; or (ii)
you are under the age of 18 and you have received permission from your parent
or legal guardian to access the Site and use our Services.
Unauthorized, Illegal, and Fraudulent
Activities. You will not use or attempt to use the Site or
our Services for any illegal purpose; in violation of any applicable law or
regulation; in any manner that is false or misleading; to engage in fraudulent
activities in connection with your Account or with respect to third parties;
for the purpose of accessing or obtaining our proprietary or trade secret
information; or for any purpose other than that for which we make the Edia
Learning Platform available.
Malicious Software. You will not access the Site through automated or non-human
means, whether through a bot, script, or otherwise and you will not hack or
interfere with the Site, our Services, our servers or any connected networks,
and you will not upload corrupted files or files that contain viruses, Trojan
horses, worms, time bombs, cancel-bots, or other computer programming routines
or similar software that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data, or personal
information
Harmful Activities. You will not engage in activities or use the Site to transmit any
information that may be libelous, defamatory, otherwise malicious or harmful,
or discriminatory based on race, sex, religion, nationality, disability, sexual
orientation, or age.
This Agreement, as updated from time to time,
will remain in full force and effect while you use the Edia Learning Platform.
You may terminate your use of the Site and our Services at any time or for any
reason. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TERMINATE
YOUR USE OF THE SITE OR OUR SERVICES AND DELETE YOUR ACCOUNT, WITHOUT WARNING,
IN OUR SOLE DISCRETION. Upon termination of this Agreement, you must cease
using the Edia Learning Platform.
THE SITE, OUR SERVICES, AND ALL MATERIALS
ASSOCIATED WITH THE EDIA LEARNING PLATFORM ARE PROVIDED ON AN “AS-IS,” “WITH
ALL FAULTS,” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW,
WE DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE SITE, OUR SERVICES, AND ALL
USE OF THE EDIA LEARNING PLATFORM, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY
OR COMPLETENESS OF THE CONTENT AND MATERIALS AVAILABLE VIA THE SITE OR THE CONTENT
OF ANY THIRD PARTY WEBSITES OR ADVERTISERS AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS:
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE OR OUR SERVICES; ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED
THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR
OUR SERVICES; ANY SUSEPTIBILITY OF THE EDIA LEARNING PLATFORM TO MALWARE
VULNERABILITIES; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE OR OUR SERVICES BY ANY THIRD PARTY; OR ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE OR OUR SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO
EVENT WILL EDIA OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
OTHER PARTY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE EDIA LEARNING PLATFORM,
THE SITE, OR OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY
OR RESULTING FROM YOUR RELIANCE ON INFORMATION OBTAINED FROM THE SITE OR FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS, ERRORS, DEFECTS, VIRUSES, DELAYS
IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT
RESULTING FROM AN ACT OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO THE SITE OR OUR SERVICES. IF YOU ARE DISSATISFIED WITH
ANY ASPECT OF THE EDIA LEARNING PLATFORM OR ANY PROVISION OF THIS AGREEMENT, AS
YOUR SOLE AND EXCLUSIVE REMEDY, YOU MAY DISCONTINUE USING THE SITE AND OUR
SERVICES. ALTHOUGH WE WILL NOT BE LIABLE FOR YOUR LOSSES CAUSED BY AN UNAUTHORIZED
USE OF THE SITE OR OUR SERVICES, YOU MAY BE LIABLE TO OTHERS, AS WELL AS TO US,
IF YOU USE THE SITE OR OUR SERVICES IN VIOLATION OF THIS AGREEMENT. CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL
RIGHTS.
You agree to defend, indemnify and hold harmless
Edia and all of our respective officers, agents,
partners, and employees, from and against, any loss, damage, liability, claim,
or demand, including reasonable attorneys’ fees and expenses, made by any third
party due to or arising out of: (a) your feedback; (b) your use of our
Services; (c) breach of this Agreement; (d) any breach of your representations
and warranties set forth in this Agreement; (e) your violation of the rights of
a third party, including but not limited to intellectual property rights; or (f)
any overt harmful act toward any user of the Site or our Services or any other
third party. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to notify you
of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
By using the Site and/or
our Services, you agree that we may collect, use, and disclose certain
information about you. We may use this information to contact you using various
electronic communication methods (such as email or text) for a variety of
purposes, such as to inform you of additional features of the Edia Learning
Platform and for purposes of informing you of any related services
(“Messages”). You agree that any Messages we may transmit to you electronically
will satisfy any legal communication requirements, including that such
communication be in writing. You represent that when you provide us with
contact information about yourself, your emergency contacts, or any other third
party, that consent has been confirmed to receive Messages. You agree to notify
us immediately in the event of any change to any of the contact information you
provided. You agree to regularly check your voice mail, email inbox, and text
alerts for Messages from us. Please be aware that text and/or data rates may
apply to Messages you may receive via your mobile device, depending on the data
plan you have with your mobile network operator.
THIS ARBITRATION AGREEMENT CONTAINS MANDATORY
BINDING ARBITRATION AND WAIVER OF CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR
LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Informal Negotiations. In an effort to expedite resolution
and to control the cost of a dispute, difference, controversy, or claim of any
kind or nature whatsoever arising out of or in any way relating to the Edia
Learning Platform, this Agreement, the Site, and/or our Services (“Dispute”)
brought by you against us, you and Edia hereby agree
to first attempt to resolve such Dispute through negotiation and amicable
settlement. You agree to make good faith efforts to resolve any Dispute
informally for a period of at least thirty (30) days before initiating legal
action. Informal negotiations for amicable settlement will begin when we
receive written notice from you. Written notice must be sent by email to: support@edia.app.
Agreement to Binding Arbitration. If a Dispute is not satisfactorily resolved within thirty
(30) days after an informal notice is received by us, then either you or Edia may submit the Dispute for a resolution to binding
arbitration. You and Edia hereby agree that each and every Dispute will be submitted to, settled,
resolved, and determined via binding arbitration administered by the American
Arbitration Association (the “AAA”). If the Edia Learning Platform was intended
for personal or household use, the AAA is authorized to apply its Consumer
Arbitration Rules (see, www.adr.org/consumer) or if the Edia Learning Platform
was intended for business purposes, the AAA is authorized to apply its
Commercial Arbitration Rules (see, www.adr.org/commercial) (hereafter, this
“Arbitration Agreement”). No demand for arbitration may be made after the date
when the commencement of legal or equitable proceedings based on such Dispute
would be barred by the applicable statute of limitations. New York law will apply and the place of arbitration will be Manhattan, New
York. Judgment on the award rendered by the arbitrator will be entered by any
court having jurisdiction thereof.
Waiver of Right to Jury Trial and Class Action. By entering into this Arbitration Agreement, both you and Edia are relinquishing the constitutional right to have
such Dispute decided in a court of law before a judge or jury, and instead, are
accepting the use of binding arbitration. You hereby understand and agree to
resolve each Dispute only by the use of binding arbitration administered by the
AAA. In addition, this Arbitration Agreement affects your ability to
participate in class, collective, or representative actions (including class or
collective arbitrations). To the full extent permitted by law, it is understood
and agreed by you and Edia that: (i)
No arbitration shall be joined with any other proceeding; (ii) there is no
right or authority for any Dispute to be arbitrated on a class-action basis or
to utilize class action procedures, even if allowed under the AAA rules; and
(iii) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of any other parties. BY
ENTERING INTO THIS ARBITRATION AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOU ARE
WAIVING ANY AND ALL RIGHTS TO A TRIAL BY JURY AND YOU ARE GIVING UP YOUR RIGHT
TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER CLASS PROCEEDING.
Mode of Arbitration and Decision. The resolution of any Dispute will be determined by one
neutral arbitrator, and not a judge or jury. Each party to the Dispute is
entitled to a fair hearing, but the arbitration procedures are simpler and more
limited than in court. The mode of arbitration will be determined by the
arbitrator. It can be in person, by phone, or online. Except where otherwise
required by applicable AAA rules or applicable law, the arbitration will take
place in Manhattan, New York. The arbitrator’s decision is as enforceable as
any court order. The decision of an arbitrator will be binding on you and Edia and there will generally be no right to appeal an
adverse decision. The arbitrator will issue all decisions in writing. The
arbitrator will issue a reasoned award. The arbitration proceedings and the
arbitrator’s award will be maintained by you and Edia
as strictly confidential, except as is otherwise required by court order or as
is necessary to confirm, vacate, or enforce the award. The arbitrator is not
authorized to award punitive or other damages not measured by the prevailing
party’s actual damages.
Refusal to Proceed with Arbitration. If you refuse or fail to go forward with arbitration, we
reserve the right to proceed with arbitration, the appointment of an
arbitrator, and a hearing to resolve the Dispute, despite your refusal to
participate or your absence. Submission to any Dispute under this Arbitration
Agreement may only be avoided by a valid court order, indicating that the
Dispute is beyond the scope of the Arbitration Agreement as provided by New
York law or that the Dispute contains an illegal aspect precluding resolution
by arbitration. Any party to this Arbitration Agreement who refuses to go
forward with arbitration hereby acknowledges that the arbitrator will go
forward with the arbitration hearing and render a binding decision without the
participation of the party opposing arbitration.
All matters relating to the Agreement, the Site,
our Services, or a Dispute, and any claim for damages arising therefrom or
related thereto will be construed and interpreted in accordance with the laws
of the state of New York without regard to any applicable state’s choice of law
provisions. You hereby consent to venue and personal jurisdiction in New York
County (Manhattan), New York and waive all defenses of lack of personal
jurisdiction and forum non conveniens with respect to venue and jurisdiction in
such state and federal courts.
This Agreement, including any policies, notices,
operating rules, or statements posted via the Site, or in respect to our
Services, constitute the entire agreement and understanding between you and Edia. Our failure to exercise or enforce any right or
provision of this Agreement will not operate as a waiver of such right or
provision. This Agreement operates to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at any time. We
will not be responsible or liable for any loss, damage, delay or failure to act
arising out of or on account of any cause beyond our reasonable control.
If any provision of this Agreement is unlawful, void, or unenforceable, that
provision is deemed stricken and will not affect the validity and
enforceability of any remaining provisions of this Agreement. You agree to
abide by the terms of this Agreement. You hereby waive any and all defenses you
may have based on the electronic format and the lack of a hand-written
signature by each party hereto to execute this Agreement.
If you have questions, comments, concerns, or
wish to report a violation regarding this Agreement, please contact us at: support@edia.app. We will try to address all issues to the
best of our ability.