YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH THE AMERICAN ASSOCIATION OF NURSE ANESTHESIOLOGY (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
1. CRNA Knowledge Network Service
- 4.1. The CRNA Knowledge Network service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals. During your CRNA Knowledge Network subscription, we grant you a limited, non-exclusive, non-transferable right to access the CRNA Knowledge Network service and view CRNA Knowledge Network content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
- 4.2. You may view CRNA Knowledge Network content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content.
- 4.3. The CRNA Knowledge Network service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of CRNA Knowledge Network content.
- 4.5. The quality of the display of the CRNA Knowledge Network content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability is subject to your Internet service and device capabilities. Not all content is available in HD, and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. CRNA Knowledge Network makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching CRNA Knowledge Network content show will vary based on a number of factors, including your location, available bandwidth at the time, the CRNA Knowledge Network content you have selected and the configuration of your CRNA Knowledge Network ready device.
- 4.6. CRNA Knowledge Network software may solely be used for authorized streaming and viewing of content from CRNA Knowledge Network through CRNA Knowledge Network ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the CRNA Knowledge Network and related third-party software. If you do not accept the foregoing terms, do not use our service.
- 4.7. By using our service, you agree to look solely to the entity that manufactured and/or sold you the CRNA Knowledge Network ready device for any issues related to the device and its compatibility with the CRNA Knowledge Network service. We do not take responsibility or otherwise warrant the performance of CRNA Knowledge Network ready devices, including the continued compatibility with our service. If your CRNA Knowledge Network ready device is sold, lost or stolen, please deactivate the CRNA Knowledge Network ready device. If you fail to log out or deactivate your device, subsequent users may access the CRNA Knowledge Network service through your account and may be able to access certain of your account information.
2. Passwords and Account Access
- The member who created the CRNA Knowledge Network account and whose Payment Method is charged (the "Account Owner") has access and control over the CRNA Knowledge Network account and the CRNA Knowledge Network ready devices that are used to access our service and is responsible for any activity that occurs through the CRNA Knowledge Network account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the CRNA Knowledge Network ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, the American Association of Nurse Anesthesiology or our partners from identity theft or other fraudulent activity. The American Association of Nurse Anesthesiology is not obligated to credit or discount a subscription for holds placed on the account by either a representative of CRNA Knowledge Network or by the automated processes of CRNA Knowledge Network.
3. Disclaimers of Warranties and Limitations on Liability
- 6.1. THE CRNA KNOWLEDGE NETWORK SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE CRNA KNOWLEDGE NETWORK SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE AMERICAN ASSOCIATION OF NURSE ANESTHESIOLOGY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE CRNA KNOWLEDGE NETWORK SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. AMERICAN ASSOCIATION OF NURSE ANESTHESIOLOGY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, CRNA KNOWLEDGE NETWORK READY DEVICES, AND CRNA KNOWLEDGE NETWORK SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
- 6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL AMERICAN ASSOCIATION OF NURSE ANESTHESIOLOGY, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
- 6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
4. Arbitration Agreement
- 7.2. If you elect to seek arbitration or file a small claim court action, you must first send to the American Association of Nurse Anesthesiology, by certified mail, a written Notice of your claim ("Notice"). The Notice to the American Association of Nurse Anesthesiology must be addressed to: General Counsel, the American Association of Nurse Anesthesiology., 222 S. Prospect Ave, Park Ridge, IL 60068 ("Notice Address"). If the American Association of Nurse Anesthesiology initiates arbitration, it will send a written Notice to the email address used for your subscription account. A Notice, whether sent by you or by the American Association of Nurse Anesthesiology, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If the American Association of Nurse Anesthesiology and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or the American Association of Nurse Anesthesiology may commence an arbitration proceeding or file a claim in small claims court.
- 7.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after the American Association of Nurse Anesthesiology receives notice at the Notice Address that you have commenced arbitration, the American Association of Nurse Anesthesiology will reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000, in which event you will be responsible for filing fees.
- 7.4. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless the American Association of Nurse Anesthesiology and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
- 7.5. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of CRNA Knowledge Network's last written settlement offer made before an arbitrator was selected (or if CRNA Knowledge Network did not make a settlement offer before an arbitrator was selected), then CRNA Knowledge Network will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- 7.6. YOU AND THE AMERICAN ASSOCIATION OF NURSE ANESTHESIOLOGY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the American Association of Nurse Anesthesiology agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
- 8.2. Unsolicited Materials. The American Association of Nurse Anesthesiology does not accept unsolicited materials or ideas for CRNA Knowledge Network content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to CRNA Knowledge Network. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against the American Association of Nurse Anesthesiology and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
- 8.3. Feedback. The American Association of Nurse Anesthesiology is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the CRNA Knowledge Network service, including the CRNA Knowledge Network website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the CRNA Knowledge Network service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
- 8.7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.