Terms and Conditions
- The Relias Media service is provided by Relias Learning LLC (herein “Relias”).
- Communication Preferences. By using the Relias Media service, you consent to receiving electronic communications from Relias relating to your account. These communications may involve sending emails to the email address provided during registration, including notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information). 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.
- Subscription, Billing and Cancellation
- Ongoing Subscription. Your Relias Media subscription will last a minimum of one (1) year with installment payments. You must have Internet access and provide Relias with a current, valid, accepted method of payment (which may be updated from time to time, "Payment Method") to use the Relias Media service. You will choose your installment frequency from the options provided by Relias. We will bill the subscription fee installments to your Payment Method. After the first year of your subscription, your subscription shall renew automatically on a monthly basis. You must cancel your subscription before it renews, after one year, in order to avoid billing of the next installment’s subscription fees to your Payment Method.
- Recurring Billing. By starting your Relias Media subscription and designating a Payment Method, you authorize us to charge you subscription installment period payments at the then current rate. You acknowledge that the amount billed each installment period may vary for reasons that may include changing or adding to the plan to which you initially subscribed, and you authorize Relias to charge your Payment Method for such varying amounts, which may be billed per installment period or in one or more charges.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS OF TIME. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at Relias’ sole discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods. You may edit your Payment Method information within the Relias Media website. If a payment is not successfully settled, due to Payment Method expiration, insufficiency of funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
- Cancellation. You may cancel your Relias Media subscription at any time after the one-year minimum term. If you cancel prior to the duration of the one-year subscription, you will still be billed for the entire year. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL- SUBSCRIPTION PERIODS.
- Relias Media Service
- Passwords & Account Access
- The subscriber who created the Relias Media account and whose Payment Method is charged is referred to here as the Account Owner. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
- You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Relias Media website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Relias reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. Relias is not obligated to credit or discount a subscription for holds placed on the account by either a representative of Relias or by the automated processes of Relias.
- Disclaimers of Warranties and Limitations on Liability
- THE RELIAS MEDIA SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE RELIAS SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. RELIAS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE RELIAS MEDIA SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL RELIAS, 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.
- 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.
- Intellectual Property
- Trademarks. Relias Media is a registered trademark of Relias, LLC.
- Claims of Copyright Infringement. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Relias Media service, please notify us.
- Governing Law
- Arbitration Agreement
- If you elect to seek arbitration or file a small claim court action, you must first send to Relias, by certified mail, a written Notice of your claim ("Notice") to
Attn: Relias Media Legal Notices
1010 Sync St, Suite 100
Morrisville, NC 27560
If Relias 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 Relias, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Relias and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Relias may commence an arbitration proceeding or file a claim in small claims court.
- 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 Relias receives notice at the Notice Address that you have commenced arbitration, Relias will promptly 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.
- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "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 Relias and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
- 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 sufficient to explain 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 Relias’s last written settlement offer made before an arbitrator was selected (or if Relias did not make a settlement offer before an arbitrator was selected), then Relias will pay you the amount of the award or US$1,000, 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.
- YOU AND RELIAS 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 Relias 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. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.