Stat PD

1. Terms

Welcome to Stat PD! The Rebel Nurse Educators LLC own and operate Stat PD and have adopted the following Terms of Service which govern your relationship with Stat PD and provide important information about your legal rights. These Terms explain the rules you need to follow when you visit our marketplace located at https://statpd.com and related subdomains, any affiliated web pages we may host, and any other services we might offer. The Stat PD Marketplace offers an open platform for healthcare educators and creators to discover, buy, sell, and share their original content for teaching and learning in healthcare. Listings may include electronically delivered files, digital products, videos, and other product types. Stat PD may modify, add, discontinue support for, or limit the availability of any product type. Users of the Stat PD Marketplace include members who have registered for a Stat PD account (“Members”) and visitors who browse the marketplace without registering for an Account (“Visitors”). (Visitors and Members together are our “Users”.) By using our Marketplace as a User or in any other manner, you agree to follow these Terms, including the terms of our Privacy Policy, Copyright & Trademark Policy, and any other terms or policies which are incorporated as part of these Terms.

2. Membership

A. ELIGIBILITY To use buy and sell on Stat PD, you’ll be asked to become a Member. When you create an Account, the information you provide needs to be true and accurate. Don’t provide fake or false information, don’t provide information that violates someone else’s rights, and don’t impersonate someone else. If you’re a healthcare organization, government, business, or other entity, the person whose email address is associated with the Account must have authority to bind the entity to this Agreement. If your Account has been closed by Stat PD, you are no longer eligible to be a Member of our community. B. USERNAME & PASSWORD You’ll be asked to pick a username for your Account. Your username has to be unique and can’t be inappropriate, offensive, or something that violates the rights of someone else. You’ll also be asked to pick a password to protect your Account. Together this information is used to access your Account. It’s your responsibility to keep your login information confidential and you’re responsible for any and all activity that happens under your Account whether or not you authorized it. C. MEMBERSHIP TYPES Buyers. You can join Stat PD as a Buyer to use our Marketplace for purchasing and downloading Listings (“Buyer”). A Buyer Account is owned by the individual whose name and email address are listed on the Account profile. As a Buyer, you’ll be able to make purchases, download purchased listings, post Review, questions, comments, and submit requests for custom products. Joining as a Buyer is free. Buyers may, at any time, upgrade to become a Seller. Sellers. Stat PD offers the opportunity to sell original work on our site. When you become a Seller you can upload the education, tools, and templates you have created and post them for sale. Sellers have all the same features of Buyers plus the ability to upload and sell resources, access sales data, and access additional information and communication features. When a Buyer buys your Listings you get paid a portion of the sale price. Joining as a Seller is free, however there are certain fees associated with selling on Stat PD that determine the ultimate payout to the seller. D. PURCHASES & FEES Purchases, taxes, and fees. Buyers are responsible for paying any amounts due, including any applicable taxes, when making a purchase on Stat PD. When you purchase on Stat PD, you will be charged (in U.S. Dollars) the list price for each item as well as applicable state and local sales taxes as applicable, and any fees associated with your order. By placing an order, you represent and warrant that the billing information you have provided is accurate. Stat PD enables Sellers to collect sales tax on applicable orders in states where they have designated an obligation. Stat PD is not responsible for the information provided by our Sellers and does not guarantee the accuracy of sales tax calculations. Additional information regarding taxes can be found in Section 5. Marketplace Payout. Marketplace Payout defined as the payment you earn for each listing you sell through the Stat PD Marketplace. See Section 5 for additional information on Marketplace Earnings and Payouts. We may, in our discretion, make changes to the Memberships we offer, the privileges and features available to each Membership, as well as the Fees and Marketplace Payout Rates at any time. In advance of any changes to the payout process, we will notify all affected Users at the email address associated with the account in accordance with these Terms. Changes in Marketplace Payouts will be applied to all affected Sellers as of the stated effective date of the change. Sellers are responsible for any other fees or costs they may incur and for collecting and/or paying any applicable income, sales, or other taxes they may be subject to as a result of using our Marketplace and agree to hold Stat PD harmless for any failure to pay applicable taxes when due. E. RELATIONSHIP These Terms are the entire agreement between you and Stat PD, and they govern your relationship with Stat PD. Creating an account on our Marketplace does not create an agency, employment, or partnership relationship between you and Stat PD. Stat PD is not the employer of and does not act as an agent for any Member. F. ACCOUNT CLOSURE Closure by Stat PD. We may, in our discretion, close or suspend the Account of any Buyer or Seller at any time for any reason, with or without notice. Closure by You. You have the right to close your Stat PD account at any time, without notice to us. Discontinue Services. We may change, suspend, or discontinue offering our Marketplace at any time. Any suspension or discontinuation of our Marketplace may mean that your Account, including any Resources or other materials or content you may have purchased, or uploaded to our Marketplace, may not be available to you or to other Users. We are not liable to you for any impact a change, suspension, or discontinuation of our Marketplace may have including the loss of access to any Listing that you have purchased, or loss of income from your temporary or permanent inability to sell Listing through our Marketplace.

3. Stat PD Marketplace

A. MARKETPLACE GUIDELINES As a User of our Marketplace, we ask that you be kind, respectful, honest, make informed purchasing decisions, don’t spam or break the law, respect the privacy of others, and use common sense. B. COMMENTS, RATINGS & REVIEWS You may have the option to provide a review of a Listing you have purchased or downloaded for free by providing a rating and a comment (“Review”). Any Review you choose to leave should reflect your honest experience using the Listing for its intended purpose. Sellers may not leave a Review on their own Listings or otherwise attempt to undermine the integrity of our Review system. We may remove a Review for any reason, at any time, without notice and we may ban a Member from leaving future Reviews. C. MONITORING LISTINGS Stat PD has the right, but not the obligation, to monitor any activity and Listings associated with our Marketplace. We may investigate any complaints or reported violations of our policies and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of your Membership, denying access, and/or removal of any Listings on the site.

4. Licensing Policy

A. IN GENERAL License. Stat PD Sellers own and maintain the intellectual property rights of their Listings and grant Buyers licenses to use such Listings for limited use as described in this section. When you purchase a Listing, you are purchasing a license to use the Listings in accordance with the terms of this Licensing Policy. All downloadable and digitally consumed Listings can only be used in accordance with a license, which can either be an “Individual License” or a “Multi-User License.” Your use of any Listings, regardless of license type and whether the license is purchased by you or purchased for you as a gift or on your behalf by your hospital or other entity, is subject to this Licensing Policy and other terms set forth in these Terms. You agree to comply with the terms of this Licensing Policy as well as any additional terms the Seller provides in the Listing, to the extent that such terms do not conflict with these Terms. In the event of any conflict between this Licensing Policy and a Seller’s terms, this Licensing Policy will govern, except that Sellers may grant certain additional rights to their Listings. B. LICENSES An Individual License is a license that may only be used by a single specific individual. Individual licenses are non-transferable and can not be ‘given’ to another individual user or used by a department of professional development practitioners. You can use Listings purchased for personal, educational, and instructional use only. This means you can use the Listing for your own personal purposes and to educate healthcare professionals.You may also print and make copies of downloadable Listings as necessary and provide to your participants. Hard goods and video resources may not be copied, shared, or otherwise reproduced. A multi-user license is a license that may be used by multiple individuals within a department or facility. Multi-user licenses allow for transferability and can be ‘given’ to multiple individual users of the department. This means you can print and make copies of downloadable Listings as necessary. Copies may be made and provided to learners and additional educators. Copies may also be made for supervisors or administrators for review purposes only. Hard goods and video resources may not be copied, shared, or reproduced. With either the individual-user license or the multi-user license you may not use the Listing, in part or in whole, for commercial purposes. This means you cannot sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity.You may not upload the Listings to applications, shared drives or other sites or services in a way that enables access by anyone other than those included in the license agreement. You may not share, send, sell, sublicense, or transfer the Listing to someone else for their own use unless you purchase an additional license for each additional educator you will share it with or the Listing was purchased using a Multi-User License. Each Individual License is for use by one specific educator only. With the multi-user license an individual cannot continue to use a License that has been purchased if they are no longer working with the department in which the multi-user license was purchased. D. LIMITATION ON ACCESS Downloadable Resources. Stat PD cannot guarantee continuous access to any Listings through our Marketplace. For example, if at any time Stat PD stops hosting a Listing for any reason or you or Stat PD terminates, suspends, downgrades, or otherwise limits your Account or access to Stat PD’s Marketplace, your ability to access the Listing through our Marketplace may be terminated. It is your responsibility to maintain and store a copy of downloadable Listing on your device to ensure future access. Digital and Video Resources. If you purchase access to a Listing in the format of streaming video or other non-downloadable formats, your license will expire if you or Stat PD closes your account, or if Stat PD stops hosting the Listing for any reason.

5. Intellectual Property

A. IN GENERAL License. Stat PD Sellers own and maintain the intellectual property rights of their Listings and grant Buyers licenses to use such Listings for limited use as described in this section. When you purchase a Listing, you are purchasing a license to use the Listings in accordance with the terms of this Licensing Policy. All downloadable and digitally consumed Listings can only be used in accordance with a license, which can either be an “Individual License” or a “Multi-User License.” Your use of any Listings, regardless of license type and whether the license is purchased by you or purchased for you as a gift or on your behalf by your hospital or other entity, is subject to this Licensing Policy and other terms set forth in these Terms. You agree to comply with the terms of this Licensing Policy as well as any additional terms the Seller provides in the Listing, to the extent that such terms do not conflict with these Terms. In the event of any conflict between this Licensing Policy and a Seller’s terms, this Licensing Policy will govern, except that Sellers may grant certain additional rights to their Listings. B. LICENSES An Individual License is a license that may only be used by a single specific individual. Individual licenses are non-transferable and can not be ‘given’ to another individual user or used by a department of professional development practitioners. You can use Listings purchased for personal, educational, and instructional use only. This means you can use the Listing for your own personal purposes and to educate healthcare professionals.You may also print and make copies of downloadable Listings as necessary and provide to your participants. Hard goods and video resources may not be copied, shared, or otherwise reproduced. A multi-user license is a license that may be used by multiple individuals within a department or facility. Multi-user licenses allow for transferability and can be ‘given’ to multiple individual users of the department. This means you can print and make copies of downloadable Listings as necessary. Copies may be made and provided to learners and additional educators. Copies may also be made for supervisors or administrators for review purposes only. Hard goods and video resources may not be copied, shared, or reproduced. With either the individual-user license or the multi-user license you may not use the Listing, in part or in whole, for commercial purposes. This means you cannot sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity.You may not upload the Listings to applications, shared drives or other sites or services in a way that enables access by anyone other than those included in the license agreement. You may not share, send, sell, sublicense, or transfer the Listing to someone else for their own use unless you purchase an additional license for each additional educator you will share it with or the Listing was purchased using a Multi-User License. Each Individual License is for use by one specific educator only. With the multi-user license an individual cannot continue to use a License that has been purchased if they are no longer working with the department in which the multi-user license was purchased. D. LIMITATION ON ACCESS Downloadable Resources. Stat PD cannot guarantee continuous access to any Listings through our Marketplace. For example, if at any time Stat PD stops hosting a Listing for any reason or you or Stat PD terminates, suspends, downgrades, or otherwise limits your Account or access to Stat PD’s Marketplace, your ability to access the Listing through our Marketplace may be terminated. It is your responsibility to maintain and store a copy of downloadable Listing on your device to ensure future access. Digital and Video Resources. If you purchase access to a Listing in the format of streaming video or other non-downloadable formats, your license will expire if you or Stat PD closes your account, or if Stat PD stops hosting the Listing for any reason. 4. Intellectual Property A. THE MARKETPLACE AND LISTINGS Except for Listings uploaded or posted by Members, all other aspects of the Marketplace are owned or controlled by Stat PD. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Marketplace. This content is protected by copyright, trademarks, trade secret, and other intellectual property rights. You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute the content in any way to any person, computer, server, Marketplace, or other entity for any commercial purpose without our explicit permission. By commercial purpose we mean that you cannot sell, license, rent, use in your own business or Marketplace, incorporate into marketing materials or presentations, or make other commercial use of our content. B. YOUR CONTENT Rights you grant to Stat PD. Some parts of our Marketplace allow you to upload or post Listings. You retain any intellectual property rights that you hold in that Listing. Stat PD does not take or claim any ownership (copyright, trademark, or otherwise) over your Listings. When you post or upload Listings to our Marketplace, you grant to us limited rights to store, use, display, and provide access to the Listing you post. Stat PD may display and promote your Listings through our Marketplace, through email, and ads on other sites or search engines, and through other marketing campaigns. For these purposes, you grant to us a nonexclusive, irrevocable, perpetual, worldwide, sublicensable license to exercise any copyright, trademark rights, or other rights in and to your Listing necessary to provide our Marketplace to you and our other Users. Rights you grant to others. When a Member purchases a license to use your Listing or downloads free Listings from you, you allow them to use your Listing as described in Section 3 of these Terms above, in accordance with the license type purchased by such Member and any other terms you expressly set forth in writing in connection with such Listings, as long as any additional terms do not conflict with these Terms. For clarity, you may, at your discretion and in accordance with these Terms and any other policies set forth by Stat PD, grant additional rights to purchasers of your Listings, but you may not enforce limitations on such use that are inconsistent with the rights granted in Section 3. Finally, you grant Digital Users the following additional rights with respect to Digital Resources: Digital Users may customize (“Digitize”) Digital Resources using functionality, as available, through Digital Services such as, but not limited to, selecting, combining and rearranging pages from Digital Resources, adding layered content on top of Digital Resources such as layered text or overwriting, interactive elements, layered images, drawings, video or audio files, and creating and appending answer keys to enable grading. Customized elements of Digital Resources, as described in this subparagraph, are digitized content (“Digitized Content”). Digitizing does not permit a Digital User to extract the underlying content within the individual pages of the original Resource. Digital Users may use Digital Resources and Digitized Content for Personal Use in accordance with available Digital Services functionality and integrations, including to share or assign Digital Resources and/or Digitized Content to enable student access and use. Digital Resources (and Digitized Content to the extent Digitized by the Seller) remain the intellectual property of the Seller. C. REPORTING INTELLECTUAL PROPERTY VIOLATIONS We respect the intellectual property rights of others and expect the same from all of our Members. No Member may post any material, information, communication, data, or anything else that infringes on the copyrights, trademarks, or patent rights of someone else. It's our policy to close the Accounts of Members who repeatedly or egregiously violate this policy. Our Copyright & Trademark Policy explains our policy and process for receiving notification and removing potentially infringing material from our Services. That policy is incorporated as part of these Terms.

6. Payment, Marketplace Earnings, & Payouts

A. PURCHASING TERMS & REFUNDS Refund Policy. When you create a Listing or make a purchase on Stat PD, you agree to our Refund Policy. Except as provided in our Refund Policy, all sales are considered final and nonrefundable once an order is submitted. We may, in our sole discretion, modify our Refund Policy or, on a case-by-case basis, issue a refund for a reason that falls outside of our Refund Policy. Payment methods and currency. We may offer a variety of payment methods to pay for purchases, such as a credit and debit card, Google Pay, or Apple Pay. We accept payments in United States Dollars (USD). Cash payments and payments in other currencies will not be accepted. We may change or add to our accepted payment methods at any time and we are not obligated to accept payment by any means other than those accepted at the time of your purchase. Promise to pay. When you buy something on Stat PD you represent and warrant that you are authorized to make the purchase and to use the payment method and billing information you have provided. You further agree that Stat PD may charge your payment method the amount due, which will be in USD. We are not responsible for any additional fees you may be charged by your financial institution such as international transaction fees or overdraft fees. B. MARKETPLACE EARNINGS & PAYOUTS Marketplace Earnings. For each sale through the Stat PD Marketplace, Sellers earn the applicable Marketplace Payout. Marketplace Payouts are reduced by the full amount of any Transaction Fees that apply. Payout Account. To issue Payouts, we work with a third party company which processes and transfers funds between us and our Sellers. To receive Payouts, Sellers must have an Account capable of receiving payments with the supported third-party company (“Payment Service”). If you have questions about the status of your Payout Account, please reach out directly to the Payment Service. We make no guarantees about the services offered by any third-party companies including the current or any future Payment Services we may support, and we are not responsible for any payment delays or other complications caused by Payment Services. We may, at our discretion, modify the supported Payment Services at any time, discontinue support for an existing Payout Service, or make additional Payout options available. Payment Service Fees. Payment Services may assess transaction fees when we transfer your Payouts to you. We will deduct from your Payout any transaction fees applied to items sold. These transaction fees are subject to change at the discretion of the Payment Services. We are not responsible for any additional fees or taxes you may incur. C. SALES TAX You are responsible for the collection and/or payment of any sales tax. Stat PD utilizes a third party service to calculate sales tax. Sellers may have the option to use a third party service integrated with the Services (the “Tax Services”) to enable Sales Tax collection for their Stat PD store in jurisdictions where the Seller has designated (through their Account) a Sales Tax obligation. Seller Obligations. By operating as a Seller on Stat PD, and whether or not you opt to use the Tax Services, you hereby agree to the following: Registration. You represent and warrant that you will use the Tax Services only to calculate and collect Sales Tax in jurisdictions where you are registered to collect Sales Tax. Remittance. You represent and warrant that you will remit any collected Sales Tax that Stat PD provides to you to the appropriate taxing authorities in accordance with applicable laws. Product tax codes. You acknowledge and agree that you are responsible for designating the appropriate tax codes for your Listings. Where Stat PD has provided a default product tax code designation, you understand that it’s your responsibility to verify that selection (and modify as may be necessary). Accurate information. You represent and warrant that the information you provide for the calculation and collection of Sales Tax, including but not limited to your street address, is accurate and up to date. No warranties. You acknowledge and agree that Stat PD is not responsible for and cannot and does not guarantee the accuracy or availability of the Tax Services or any other service you use to calculate or collect taxes or to determine the taxability or non-taxability of any transactions. You further acknowledge and agree that when you access the Tax Services or any other third party tax services through the Services or on the Internet, you do so at your own risk. The Tax Services and other Third Party Services are not under Stat PD’s control, and you acknowledge that Stat PD is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such services or resources. You further acknowledge and agree that Stat PD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such services, goods or resources available on or through the Tax Services or any other Third Party Services. Indemnification. You agree to indemnify, defend, and hold harmless Stat PD, its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings (i) brought by third parties related to your use or misuse of the Tax Services or any other tax services you use in connection with the Services; and (ii) brought by any taxing authority, related to your failure to properly remit any taxes which are owed by you in in connection with your use of the Services. 6. Your Privacy A. OUR PRIVACY POLICY The privacy and security of your data and the personally identifiable information you give us is important to us. Our Privacy Policy explains the data we collect from you and how we use it. By using Stat PD Services, you agree that we may use such data in accordance with our privacy policies. B. HOSTED LISTING We don’t control and aren’t responsible for the Listing posted by our Members, including any disclosures of personal information by our Members. However, it’s important to us that our Members respect the privacy rights of others. If you believe that Listing on our Marketplace violates your personal privacy rights, contact us at support@statpd.com.

7. Indemnity

You agree to indemnify, defend, and hold harmless Stat PD, its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our Services, including but not limited to any breach of these Terms, violation of any federal, state, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.

8. Limitation of Liability & Warranty Disclaimer

Our Marketplace. We work hard to ensure that our Marketplace is always available and working properly, but disruptions do occur from time to time and we can’t guarantee that any or all features will always work, or that our Marketplace will be continuously available. Stat PD is constantly working to improve our Marketplace for all of our Users. We may update or change available functionality at any time. We make no guarantees to Users respecting the findability or searchability of any Listing offered through our Marketplace. We make no guarantees about how much any Seller may earn or whether the level at which a Seller is earning is likely to continue into the future. YOU AGREE THAT THE MARKETPLACE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STAT PD (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OF THE MARKETPLACE. WE MAKE NO GUARANTEES RESPECTING THE AVAILABILITY OF THE MARKETPLACE, THE SECURITY OF THE MARKETPLACE AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION, THE CORRECTION OF ANY DEFECTS OR ERRORS, EXISTENCE OF ANY VIRUSES OR OTHER HARMFUL MATERIALS, OR ANY OTHER GUARANTEES. YOU AGREE THAT STAT PD (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR USE THE MARKETPLACE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MARKETPLACE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE MARKETPLACE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. STAT PD’S LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO (A) THE TOTAL AMOUNTS PAID BY YOU TO STAT PD DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS THE LESSER AMOUNT. Content. The Listings and Communications uploaded or posted by our Users on our Marketplace. Stat PD does not produce, approve, post, or upload Listings or Communications. The Content you see on our site and any views, opinions, or assertions presented are those of the Users who posted the Content and do not reflect the opinions, or the official policy or position of Stat PD. Stat PD makes no representations or warranties as to the quality, accuracy, effectiveness, legality, appropriateness, or other aspects of any Content. Interactions with other Users. You may have the ability to communicate, interact, or otherwise connect with other Users through our Marketplace. It is your responsibility to take precautions when sharing any information about yourself with another User or anyone else, and you release Stat PD from any liability that may arise out of your interactions with another User of our Marketplace. Third Party Content. As you use our Marketplace, there may be links, ads, or other ways for you to visit other Marketplaces not owned or controlled by Stat PD. When you access third party services, you do so at your own risk. Stat PD cannot and does not make any representations or warranties about other Marketplaces or services. Third Party Services. The Marketplace may permit you to link to other services, or use other services or resources on the Internet in conjunction with our Marketplace (“Third Party Services”). When you access Third Party Services, you do so at your own risk. Third Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third Party Service.

9. Changes to these Terms

We may make changes to these Terms from time to time. Whenever the changes we’re making are material to you, we’ll attempt to notify you before those changes go into effect so that you can choose whether or not to continue using our Marketplace. To notify you, we may send a message to the email address we have for your Account, we may post notifications around our Marketplace, or we may use other communication methods to reach you. This includes periodic changes to our Privacy Policy, Copyright & Trademark Policy and any other policies which are incorporated as part of these Terms. The notice will include the date on which the changes will be effective. Continuing to use our Marketplace after the changes go into effect serves as your acceptance of the changes.

10. Other Terms

A. DISPUTES WITH Stat PD In the case of a dispute between you and Stat PD arising out of these Terms or your use of our Marketplace, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. Binding Arbitration. You and Stat PD agree that any dispute arising out of or relating to these Terms or your use of our Marketplace will be settled through binding arbitration, conducted by the American Arbitration Association (AAA) and in accordance with their Commercial Arbitration Rules. Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in the AAA rules. To the extent permitted under AAA rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration, and that other procedural rights such as discovery and appeal are not available in an arbitration. YOU AND STAT PD EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW. Disputes will be settled on an individual basis.YOU AND STAT PD EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in Iowa to protect the party’s intellectual property rights pending completion of the arbitration. Governing Law. These Terms are governed by the laws of the state of Iowa, and the laws of the United States of America without regard to principles of conflict of law, and regardless of where you are located in the world. Venue. Stat PD is located in Iowa. Any dispute subject to Binding Arbitration will take place in Iowa. For any other judicial action that may arise between you and Stat PD, or for which our Binding Arbitration clause is found not to apply, both you and Stat PD agree to submit to the venue and personal jurisdiction of the state and federal courts located in Iowa. B. NO WAIVER Any failure by Stat PD to enforce any right or provision of these Terms does not constitute a waiver of that right or provision and will not limit our right to act or enforce these Terms against subsequent or similar breaches. C. SEVERABILITY If any part of these Terms is deemed invalid, unenforceable, or illegal, that part which is unenforceable is severed from the Terms, and will have no impact on the enforceability of the remainder of these Terms. D. GOVERNMENT AGENCIES & PUBLIC ENTITIES If you are a federal, state, or local government or government agency in the United States and are using Stat PD in your official capacity, the following amendments to these Terms apply: Federal Governments & Entities. If you are a federal government or federal government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” do not apply to your official use of the Services only to the extent that they are inconsistent with federal laws or regulations. Stat PD will not use your name, seals, trademarks, or the fact that you’re a member of our Services to purposefully state or imply an endorsement of our Services. Stat PD will use your name, seals, trademarks, and the fact that you’re a member of our Services as necessary in the regular operation of our Services and to deliver our Services to you and to other Members. State and Local Governments & Entity. If you are a state or local government, or state or local government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” will apply to your official use of the Site and the Services only to the extent permitted by your jurisdiction’s laws.

11. Survival of Terms

The following provisions survive if you cease using our Marketplace or your Account is closed by you or by Stat PD for any reason: Visitors. If you continue to access our Services as a Visitor, any Terms that apply to Visitors still apply to you. Intellectual Property Rights. You still have to respect our intellectual property rights as described in Section 4.A, and if you’ve posted Content, you’re bound by Section 4.B. Rules for Listing Resources. If you’ve sold Listings, our rules requiring continued access to your Listing for Members who have previously purchased or downloaded them still apply. This means, if you’re hosting any Listing content through a third party, access through that third party host must be maintained. Rules for Purchasing and Downloading Resources. After your Account is closed, you have to follow the licensing rules about how you can use Listings you’ve purchased or downloaded and who you can share them with, our Refund Policy. Privacy Policy. Section 6 of these Terms and the terms of our Privacy Policy continue to apply, including data we collect from Visitors if you continue to visit our Marketplace, how we treat and use your Account information after your Account is closed, and how you can report Content that you believe violates your privacy rights. Earnings and Payouts. Any final Payouts due to you are subject to these Terms and will be paid in accordance with Section 5. Disputes with Stat PD. Any legal action that might arise between you and Stat PD related to your use of Stat PD is governed by the provisions of Section 10 of these Terms. Warranty Disclaimer, Limitation of Liability, and Indemnity (Section 7 and Section 8). Stat PD’s warranty disclaimer remains in effect, you cannot hold Stat PD liable for losses or damages due to your use of Stat PD, and you still have to defend Stat PD against legal action arising from your use of the Marketplace.

12. How to Contact Us

You can reach us by emailing support@statpd.com

Terms and Conditions