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TERMS & CONDITIONS

TERMS & CONDITIONS

Welcome to CNA 365 Platform. This website and all other CNA 365 Platform Sites (“Site(s)”) is owned and operated by CNA 365 Platform, 1209 Orange St Wilmington, DE 19801(“CNA 365 Platform,” “we,” “us,” or “our”).

Please review these Terms of Use (the “Terms”) before using this Site, as they are a legally binding agreement between you (“You”, “your”) and CNA 365 Platform governing your use of this Site and represent the entire understanding between you and CNA 365 Platform regarding your use of this Site.

These Terms expressly incorporate by reference and include CNA 365 Platform’s Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on specific webpages or on notices that are sent to you. By accessing or using the Site(s), you are indicating your agreement to be bound by the Terms. If you do not agree with these Terms, do not use this Site(s).

Certain CNA 365 Platform Websites, including but not limited to password protected sites, contain Terms of use in addition to or different from these Terms, and the Terms of use posted on such Websites shall apply.

LIMITATIONS ON USE

Nothing on this Site(s) shall be construed to convey any license in or to any of CNA 365 Platform's or its third-party licensors’ intellectual property rights.

You agree you will not use any robots, spiders, crawlers or other automated downloading programs or devices to: (i) continuously and automatically search or index any Content, unless authorized by us; (ii) harvest personal information from the Site(s) for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site(s). If this Site(s) contains robot exclusion files or robot exclusion headers, you agree to honor them. Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to CNA 365 Platform.

You may not use the services on the Site(s) to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. CNA 365 Platform may at any time exercise editorial control over the content of any information or material that is submitted or distributed through its facilities and/or services.

You may not, without the approval of CNA 365 Platform, use the Site(s) to publish or distribute any advertising, promotional material, or solicitation to other users of the Site(s) to use any goods or services. For example (but without limitation), you may not use the Site(s) to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services.

The permissions granted to you herein automatically terminate without notice if you fail to comply with these Terms in your use of this Site(s). Any unauthorized use of any Content may be a violation of copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes. CNA 365 Platform has zero tolerance for infringement of its intellectual property rights and will aggressively take action to protect its rights.

RESTRICTED RIGHTS

The Content are provided with “Restricted Rights.” Use by the United States Government is subject to the restrictions of FAR 52.227-19 and DFARS 227-7202-3.

LIMITATION OF LIABILITY

CNA 365 Platform IS NOT LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USE OF THIS SITE. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL CNA 365 Platform BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, OR DATA) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR BACKUP AND PROTECTION OF YOUR DATA AND YOUR USE OF THIS SITE AND WILL NOT MAKE ANY CLAIM AGAINST CNA 365 Platform OR ANY CNA 365 Platform AFFILIATE IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR THE CONTENT AND MATERIALS CONTAINED HEREIN. YOU WILL NOT BRING ANY LEGAL ACTION AGAINST CNA 365 Platform OR ITS AFFILIATES IN CONNECTION WITH AND WILL HOLD CNA 365 Platform AND ITS AFFILIATES HARMLESS FROM AND AGAINST, ANY CLAIMS BASED ON YOUR USE OF THIS SITE.

EXCLUSIONS

Some jurisdictions do not permit the exclusion of certain warranties or limitation of liability; therefore, the above-mentioned limitations may not apply to you.

INDEMNIFICATION

By accepting the Terms herein and using the Services, Site, and App, You agree that You shall defend, indemnify, and hold Us, Our affiliates/ licensors (“Their”), and all Our and Their employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorney fees and costs) relating to or in connection with (i) Your violation of any Term or any applicable laws or regulations, whether or not referenced herein; (ii) Your violation of any rights of any third party or affiliate; (iii) Your misuse of the Services, Site, and App.

CONSENT

By using CNA 365 Platform's website(s), and entry of any personal information into this site(s), you are consenting to the collection, use, and transfer of your personal information as outlined in this Privacy Policy. If you are located outside the United States, your use and entry of personal information into this site constitutes your consent to the transfer of your personal information into the United States. Although we do not normally collect any sensitive personal information (such as ethnicity or race, religious beliefs or medical conditions), your entry of any such sensitive information on this web site is your express consent to the collection, use and transfer of such information.

COLLECTION, USE AND SHARING OF PERSONAL INFORMATION

Collection

CNA 365 Platform is committed to protecting the privacy of all personal information collected on this and all CNA 365 Platform Sites. Personal information may be collected during the login and registration process to access portions of the Site(s) and other functions and features. CNA 365 Platform may collect identifiable information including, but not limited to: name, address, phone number, fax number, email address, employer, title, user ID and passwords, IP address, photos, video, audio, text, and any other data (regardless of form). Any demographic information collected is generally used on an aggregate anonymous basis for various analyses conducted by CNA 365 Platform in regards to our web site(s) and related materials. CNA 365 Platform does not use any personal information for such scientific studies or research.

Use

CNA 365 Platform uses personal information to provide the highest quality and service of CNA 365 Platform products to all our customers, users, and visitors to the website(s). Personal information may be collected in conjunction with any online employment applications, or so that CNA 365 Platform may contact you, provide materials to you upon request, register your account and exam, send relevant correspondence via email or postal mail, or for any other purpose personal information is collected. Through CNA 365 Platform's website(s) we offer the option to opt out and have your information removed from the appropriate list.

Sharing

CNA 365 Platform will not sell, rent, trade or lease your personal information to others unless we have requested to do so and have received your permission, provided that you authorize CNA 365 Platform to disclose your personal information to others under the following circumstances: We may, and you authorize CNA 365 Platform to, transfer your personal information to any CNA 365 Platform affiliate (or business partner or agent acting on our behalf) worldwide for purposes described herein. Such CNA 365 Platform affiliates, business partners, and agents will be under the same obligations as is CNA 365 Platform under this Privacy Policy. We may be required to transfer your personal information by law or under a court order or in connection with an organizational change, such as a merger or acquisition by another company or the sale of CNA 365 Platform's assets. If CNA 365 Platform, in its sole discretion, determines that that a transfer is necessary to protect the rights, property, or personal safety of CNA 365 Platform, this site, or its users, then we may also share your personal information.

Parties Who Receive Information and How it is Used

Corporate Contractors

Personal information, exam information and job demographics are disclosed to corporate and university clients who have used CNA 365 Platform's system to deliver exams to their job or student candidates. Personal information and exam information are never disclosed to candidates or unauthorized thirds parties, unless required by law.

Third Parties

In regards to licensure testing candidates, licensee updates may be disclosed to licensing agencies, regulatory boards, state governments or professional associations for their files and records. CNA 365 Platform will only disclose information to entities or third parties that are authorized by CNA 365 Platform. However, in certain states, personal information, exam information, and licensure and licensee updates information are considered public information and can be accessed by third parties for a cost. CNA 365 Platform may also disclose personal and licensure/licensee information under certain circumstances where CNA 365 Platform has reason to believe that disclosing such information is necessary to identify, contact, or bring legal action against anyone who may be causing injury to, or interfering with, CNA 365 Platform's rights or property, other site(s) users, or any others that could be harmed by such activities, or as otherwise required by law.

Marketing

CNA 365 Platform and its third-party affiliates may communicate with registered users and customers through email and other methods periodically. CNA 365 Platform and its third-party affiliates will use their best efforts to only communicate with persons who “opt in” to such communications or with persons whose information is already deemed public information by their licensing authorities and will cease communicating with any customers who “opt out” of such communications.

COPYRIGHT

▲ All content in this Site(s), including, but not limited to, Site(s) layout, design, images, programs, text, graphics, logos, button icons, audio clips, downloads, interfaces, data compilations, software, code, logarithms, and other information (collectively, the “Content”) is the property of CNA 365 Platform and its affiliated companies or licensors and is protected by United States and international copyright and other intellectual property laws.

You may not copy, display, distribute, modify, publish, post, reproduce, store, transmit, “mirror”, create derivative works from, or sell or license all or any part of the Content, products or services obtained from this Site(s) in any medium to anyone, without the prior express written permission from CNA 365 Platform.

You may print or download Content from the Site(s) only for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices and do not post the Content on any network or broadcast in any media. You are not permitted to modify any Content that you access from your use of this Site(s). You may not engage in systematic retrieval of Content from the Site(s) to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from CNA 365 Platform.

CNA 365 Platform and CNA 365 Platform will respond to any notices of alleged copyright infringement that comply with applicable law and are properly provided to Us. It is CNA 365 Platform's sole discretion to terminate the rights of any User who uses Our Site and Content (or any part thereof) and infringes on the intellectual property rights and the rights of others. Please contact legal@CNA 365 Platform for any questions, concerns, or notices.