You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Can-Ed app or any other Sierra Nevada Education products or services.
Use of the Can-Ed Service requires that (1) you are 18 or older (2) you have the power and the legal right to enter a binding contract with us, and (3) any account registration information that you provide during the Can-Ed Account sign-up process is true, accurate, and complete, and you agree to maintain it as true, accurate, and complete for as long as your Can-Ed account is active.
1. Usage Agreement
By “Can-Ed” we mean the features and services we make available, including through the mobile application and website branded with Can-Ed and any other Sierra Nevada Education co-branded mobile applications and websites (including affiliates, sub-domains, international versions, widgets, and mobile versions) and/or any mobile applications, websites, or publications with whom we have a relationship.
By “Sierra Nevada Education,” “us,” “we,” and “our,” we mean the company Sierra Nevada Education, LLC, a Nevada company headquartered in Las Vegas, Nevada.
By “Application” or “app” we mean the mobile applications, technology, content, and tools for Can-Ed.
By “Account” we mean your Can-Ed account, which is identified by the email address you used to register in the Can-Ed app. Your Can-Ed account and your Username are distinct. You may change your Username at any time, and you may change your full name and email address at any time, but in either case both remain associated with your Can-Ed Account. People who have a Can-Ed Account are referred to as “Users.”
By “information” we mean facts and other information about you, including actions you take as you navigate through the Can-Ed experience and engage in activities on the Can-Ed app.
By “Profile” or ” Can-Ed Profile” we mean the information you share with others on your account profile.
By “Username” we mean the name you registered at Can-Ed that is used by others to access your Can-Ed Profile.
By “Content” we mean contributions and anything you post on Can-Ed that would not be included in the definition of “information” contained in your Can-Ed Account.
By “Courses” we mean the educational material that Can-Ed offers as a means of providing the User the opportunity to complete and earn a certification.
By “Certification” we mean the collection of educational courses that Can-Ed offers that when successfully completed by the User result in a certificate of completion.
By “Certificate” we mean the official document provided to Users to attest to the successful completion of a Certification.
By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By “you,” “your,” or “User” we mean the individual or entity who is a registered user of Can-Ed with a Can-Ed Account.
By “Buy” we mean purchasing a Can-Ed certification that gives a User the ability to access and interact with the education content on the Can-Ed mobile application
By “post” or “Post” we mean any content you add, upload, reply, contribute, or comment on, regardless of the form of such post, photographic, textual, or any other form of post.
3. Can-Ed Account Registration and Security
As a Can-Ed User you must create a Can-Ed Account. You must register using a real email address so that we can contact you and verify the account. You must verify your account or risk potentially being locked out of your account at some point in the future. If you wish, you may use a private email address that is NOT disclosed to the public. By adhering to the following rules and obligations you assist us in maintaining the security and safety of both the registration process and your Can-Ed Account:
- You will not create multiple Can-Ed Accounts for fraudulent purposes or to mislead people. If you are involved in any such activity, we will take immediate action to terminate all your Can-Ed Accounts.
- You may not create a 2nd or subsequent Can-Ed Account and use it to follow yourself. If you are involved in any such activity, we will take immediate action to terminate all your Can-Ed Accounts.
- You will not provide any false or misleading personal information in a Can-Ed Account or without permission from Can-Ed create an account for anyone other than yourself. If you are involved in any such activity, we will take immediate action to terminate both your Can-Ed Account and the account you create.
- You will not use Can-Ed if you are under the age of 18. If you are discovered to be under the age of 18, your Can-Ed Account will be closed.
- You will keep the contact information for your Can-Ed Account Profile accurate and up-to-date.
- You will not jeopardize your Can-Ed Account by sharing your password, allowing another User to access your Can-Ed Account, or do anything else that might affect your Can-Ed Account security.
Every Can-Ed Account requires the User select a Username, which may be distinct and different from the User’s actual name. This Username is associated with all contributions posted on Can-Ed content and with your Can-Ed profile.
This Username policy governs the parameters for creating your Username.
The Username you assign to your Can-Ed account should help people recognize who you are or what you represent. While we encourage you to select the Username that best identifies you, we ask you to note the following conditions:
- Your Username CANNOT include spaces.
- Your Username CANNOT include special characters such as * % @.
- Your Username CAN include dots (.), underscores (_), or dashes (-) to separate first and last names or words.
All Usernames are the property of Can-Ed. Can-Ed reserves the right to reclaim and/or reassign a Username that violates ANY of the following conditions where the Username:
- Impersonates an individual, entity, or brand in a manner that does or is intended to mislead or deceive others;
- Contains false or misleading information;
- Promotes disruptive or abusive outcomes;
- Was created for the purposes of selling or profiting from your Can-Ed Account;
- In Can-Ed’s sole opinion, includes words we consider obscene or pornographic;
- In Can-Ed’s sole opinion, is in any way inappropriate or offensive.
The above stated conditions also apply to the Name you use in your Profile.
In addition to violating any of the above, Can-Ed reserves the right to reclaim and/or reassign any Username where, either intentionally or unintentionally, the Username violates the rights of a business or individual that holds legal claim or trademark on that name; or at the option of Can-Ed the Username should be assigned to an alternative individual or business.
5. Ownership of Posts
If you make any post on Can-Ed you hereby grant Can-Ed a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, global license to publish and use the content of such post without compensation to you.
You must own all of the content in the post, you must have gained a license to the global publication rights to the post, for any post you make on Can-Ed, or the post content must be in the public domain and free to use by you without royalty payments.
Additionally, you understand and agree:
For post content that is covered by intellectual property rights, such as photos, text, and similar content (“Contribution IP Content”), you specifically grant Can-Ed a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Contribution IP Content that you post on or in connection with Can-Ed for the purposes of displaying such Contribution IP Content to the public (“Contribution IP License”). In respect to each portion of the Contribution IP Content, this Contribution IP License officially terminates when you delete your Contribution IP Content pursuant to the terms and conditions of this Agreement, or your Can-Ed Account is terminated except in the case when your content is part of content subscribed to by other Users in which case your Contribution IP License granted to Can-Ed extends to the end of the period during which there are subscribers who have access to experiences containing the Contribution IP Content.
Contribution IP Content that you delete is managed in a manner similar to emptying the recycle bin on a computer. You understand however, that while it will not be available to others, removed content may persist in backup copies for a reasonable period of time.
When you make a post on Can-Ed, it means that you are allowing everyone who subscribes or buys access to use Can-Ed and its affiliated mobile applications and websites to use that post or contribution for their personal use on Can-Ed and its affiliated mobile applications and websites.
While it is a violation of this Agreement that Users download and store a copy of your contribution on their personal devices, it is possible that some users may download some portion and store a copy of your content on their personal devices. It is a violation of the Can-Ed Usage Agreement for Users to create a post based on the same content as other Users, on other 3rd party websites or mobile applications, or in any other way distribute Can-Ed posts. It is your responsibility to report such violations of Contribution IP misuse to Can-Ed and the appropriate law enforcement agencies.
6. Legal Use of Can-Ed by All Users
Although we do not monitor every posting on Can-Ed, our best efforts are made to ensure the legal and safe use of Can-Ed. As such, we ask that you work in partnership with us by fulfilling these obligations to Can-Ed:
- You will not engage in posting content on Can-Ed that promotes unlawful activity.
- You will not engage in any activities to either solicit or offer for purchase any cannabis products, cannabis paraphernalia, or any other cannabis related items.
- You will not upload viruses or other malicious code.
- You will not send or otherwise post commercial communications on Can-Ed unauthorized by the appropriate 3rd party.
- You will not collect or use Users’ content or information inappropriately.
- You will not solicit login information or access an account belonging to another User.
- You will not bully, intimidate, or harass any User, under any circumstances.
- You will not use Can-Ed as a platform for the publication of explicit financial information about other parties.
- You will not post content or encourage a comment on that content that is: hateful, threatening, incites violence; or contains explicit sexual activity or graphic or gratuitous violence. We reserve the right to determine if content containing nudity is in the opinion of Can-Ed explicitly sexual.
- You will not use the Can-Ed platform to engage in anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of Can-Ed.
- You will not facilitate or encourage any action that could be considered an infraction or infringement of this Usage Agreement.
- You will not include links to illegal song, video or other download sites within posts. You may provide a link to a legal download site for song or video material.
- All of our content rules are established by us and we reserve the right to make decisions in respect to specific content on a case by case basis.
7. Mobile Devices, Connectivity, and Data Usage
Mobile Devices: The Can-Ed application is designed for both iOS and Android devices. Use of Can-Ed involves the transmission of information across the networks of your wireless service provider. As such, we cannot guarantee the privacy or security of wireless data transmissions. Refer to your wireless service provider for information about their privacy and security practices.
Connectivity: You agree that you are responsible for the means you use to access the Internet, and that your Internet Service Provider, and other third parties involved in connecting you to the Internet may not perform as intended or desired. Sierra Nevada Education and/or Can-Ed are note responsible for any circumstances beyond our control that prevent the transaction or interfere with the integrity of the transmission, including, without limitation, unavailability of your wireless service, network delays, limitations on wireless coverage, system outages, or interruption of a wireless connection.
Data Usage: Some of the Can-Ed features require Location-based services, which use real-time geo-data from a mobile device or smartphone to provide information and may impact your data usage. Your wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan.
9. Advertising, Song, Video, and Merchandise Policy
Can-Ed has a strict policy on advertising, movie, TV program, song, video, merchandise, and the solicitation or advertising of ANY cannabis related products or paraphernalia as stated below:
Users are not permitted to place ads in the content of their Profile or in the information that they elect to post to the Can-Ed content, which advertises or solicits movies, songs, videos, or other merchandise and in particular with respect to cannabis products, cannabis paraphernalia, or any other cannabis items, unless specifically approved by Can-Ed. Can-Ed reserves the right to review any such approved advertisements from time to time, and to remove them at any time at Can-Ed‘s sole discretion. Any ad approved by Can-Ed that is posted by Users of Can-Ed is not an endorsement of the ad by Can-Ed.
Can-Ed has a strict policy against illegal download websites for movies, songs or video material. Can-Ed will take immediate action to remove any such illegal content.
9. Respecting the Rights of Others
We encourage you to respect the rights of others; and as such, expect that you will adhere to the following conditions:
- Should you post ANYTHING on Can-Ed that we believe violates this Usage Agreement, we can and will remove it.
- You will refrain from any action on Can-Ed that infringes or violates someone else’s rights or otherwise violates the law with respect to posting content or comments.
- You will not use our copyrights or trademarks (including Can-Ed and the Can-Ed logos) or any confusingly similar marks or other people’s intellectual property, without written permission.
- You will refrain from posting confidential information on Can-Ed, including someone else’s identification documents or sensitive financial information.
- In the event that Can-Ed determines that any User has violated the law or posted content to which they do not own the copyright or have not made the legal disclosure required for this content from 3rd parties, then we, at our sole discretion, may immediately remove the content.
- Should you repeatedly infringe on other people’s rights in terms of intellectual property or confidentiality, we will disable your Can-Ed Account.
- When you post any content on your Can-Ed Account you must confirm your ownership of the content you post or identify the owner who has given you the right to post such content.
10. Commenting on Posts
Can-Ed allows Can-Ed Accounts to ‘comment’ on any posts submitted by other Users. When a comment is posted, the comment may contain the commenter’s Can-Ed Account name and profile picture.
To comment on a post, you must have an active account on the Can-Ed app.
11. Free to Open a Can-Ed Account
Subject to the rules associated with age restriction to access Can-Ed, Can-Ed is entirely free for any User to create an Account.
12. User In-App Purchases
Users may complete In-App Purchases of Certifications as often as they wish. An In-App purchase of a Certification gives the user full access to all courses associated with that certification and access to the associated Chat room. Users can continue to access the courses, even after completing the courses.
We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
Can-Ed reserves the right to limit your access or delete your Can-Ed Account if you violate the specific terms and conditions or the spirit of this agreement, or in any way create risk or possible legal exposure for us. If this occurs, we will notify you by email or by message the next time you attempt to login to your Can-Ed Account. In all such cases, this agreement shall terminate, but the following provisions will still apply: Sections 2, 3, 4, 5, 6, 8, 13, 14, 15, 16, 17, and 18.
Any claim, cause of action, or dispute (“Dispute”) you have with us arising out of or relating to this Usage Agreement, Sierra Nevada Education, or Can-Ed will be resolved exclusively in a state or federal court located in Clark County, Nevada, USA. The laws of the State of Nevada will govern this Usage Agreement, as well as, any Dispute that might arise between You and Sierra Nevada Education or Can-Ed without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Clark County, Nevada for the purpose of litigating all such claims.
Should any person or entity bring a claim against us related to your actions, content, or information on Can-Ed, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including but not limited to reasonable legal fees and costs) related to such claim.
We make no warranty that the Can-Ed Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. WE ARE PROVIDING CAN-ED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee that Can-Ed will be safe or secure. Sierra Nevada Education is not responsible for the actions, content, information, or data of third parties and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or Can-Ed, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or Can-Ed will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Sierra Nevada Education’s liability will be limited to the fullest extent permitted by applicable law.
16. Users Outside the United States
Can-Ed has been designed to engage with Users globally and our intent is to make every effort to respect local laws. As a User of the Can-Ed platform, you consent to having your personal data transferred to and processed in the United States.
17. Miscellaneous Provisions
This Usage Agreement makes up the entire agreement between the parties regarding Can-Ed and supersedes any prior agreements.
If any portion of this Usage Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Usage Agreement, it shall not be considered a waiver.
Any amendment to or waiver of this Usage Agreement as posted on the City Connect Website must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Usage Agreement to anyone else without our consent.
All our rights and obligations under this Usage Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Usage Agreement shall prevent us from complying with the law.
This Usage Agreement does not confer any third-party beneficiary rights.
19. Written Communication
Sierra Nevada Education, LLC is a Delaware Limited Liability Company with its registered address in Nevada.
All written communication to Sierra Nevada Education, LLC should be directed to:
Sierra Nevada Education, LLC
1930 Village Center Circle Suite 3
Las Vegas, NV 89134
Last update: July 2019
© 2019 Sierra Nevada Education, LLC