NOTHING CONTAINED ON THE SITE OR ANY COURSE MATERIALS OR INSTRUCTIONS ARE INTENDED AS MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE SITE, AND PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, ARE NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS.
Institute of Exercise Improvement, LLC, a Missouri limited liability company, d/b/a MyCPR NOW™ (“MyCPR NOW”) owns and operates that certain website located at https://www.cprcertificationnow.com (the “Site”).
Please read this Terms of Service Agreement before using the Site.
This Terms of Service Agreement (these “Terms”) sets forth the standards of use of the Site by you (“You” or Your”), and the MyCPR NOW products and services. By using the Site, You, at minimum, expressly agree to these Terms. If You do not agree to these Terms, You should immediately cease all usage of the Site. MyCPR NOW reserves the right, at any time, to modify, alter, or update these Terms without prior notice to You. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Site, products and services after amendments to these Terms constitutes an acknowledgement and acceptance of the Agreement and its modifications. These Terms may not be amended or modified by You.
In consideration of Your use of the Site, You represent that You are of legal age to form a binding contract, which is eighteen (18) years of age in the United States. You agree to provide true, accurate, current and complete information as required on the Site.
Description of Products and Services
The Site provides Adult CPR/AED, Child & Infant CPR/AED, Pet First Aid/CPR (feline and canine only), First Aid, First Aid for Severe Bleeding and Blood borne Pathogens certification-related products and services. You must be at least 18 years of age before using the Site or purchasing a product or service through the Site. MyCPR NOW may, from time to time, add, modify or cease offering any product or service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Site, or any Site content or any course-related information or materials.
MyCPR NOW DOES NOT OFFER OR PROVIDE REFUNDS ON PURCHASES OF ANY MyCPR NOW PRODUCTS OR SERVICE, FOR ANY REASON. ALL SALES
Disclaimer of Warranties
The Site and the information and instruction provided in connection therewith are provided by MyCPR NOW on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, MyCPR NOW makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site or any products, services or information in terms of correctness, completeness, accuracy, reliability, or otherwise. MyCPR NOW shall have no liability for how Adult CPR/AED, Child & Infant CPR/AED, Pet First Aid/CPR (feline and canine only), First Aid, First Aid for Severe Bleeding and Blood borne Pathogens is administered in the event of an actual emergency.
MyCPR NOW disclaims all warranties with regard to the products, services and information provided, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
If You attain a certification card from MyCPR NOW, it does not guarantee that You are “qualified” to perform adult, child or infant CPR/AED, First Aid, First Aid for Severe Bleeding, Pet First Aid, or to effectively act if exposed to blood (blood borne pathogens). It is Your responsibility to ensure that any course or certificate fulfills Your requirements as requested by an employer/organization, state, municipality or other political subdivision.
MyCPR NOW makes no warranties or representations whatsoever with regard to any training provided or offered by any course, and You acknowledge that any reliance on representations and warranties provided by any course shall be at Your own risk. You should ask for professional instruction in addition to the material provided on the Site. Even if performed properly, MyCPR NOW does not guarantee that these CPR/AED and First Aid procedures and Blood borne
Pathogens practices will save lives.
Limitation of Liability
MyCPR NOW SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MyCPR NOW SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF LIFE ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MyCPR NOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
You agree to indemnify and hold MyCPR NOW, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Your use of the Site, or any product or service offered or sold by MyCPR NOW, the violation of this Agreement, or infringement by You, of any intellectual property or any other right of any person or entity.
Modifications and Interruption
MyCPR NOW has the right to modify or discontinue the Site and related products and services with or without notice to You. MyCPR NOW shall not be liable to You or any third party should MyCPR NOW exercise its right to modify or discontinue the Site, or any product or service. You acknowledge and accept that MyCPR NOW does not guarantee continuous, uninterrupted or secure access to the Site, or any MyCPR NOW product or service, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of MyCPR NOW’s control.
Governing Jurisdiction of the Missouri, USA Courts
The Site is operated and provided in the County of St. Louis, State of Missouri, USA. As such, You are subject to the laws of the State of Missouri, and such laws will govern these Terms, without giving effect to any choice of law rules. MyCPR NOW makes no representation that the Site, or any MyCPR NOW products or services, are appropriate, legal or available for use in other locations. Accordingly, if You choose to access the Site You agree to do so subject to the internal laws of the State of Missouri. This Site is designed, operated and intended only to be used for individual located within the United States of America.
Compliance with Laws
You assume all knowledge of applicable laws and are responsible for compliance with any such laws. You may not use the Site, or its products or services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Please consult an attorney for any legal advice.
Arbitration and Class Action Waiver
Each party agrees to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and agrees not to sue in court in front of a judge or jury. Each party agrees that each may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both parties agree, the arbiter or judge may consolidate more than one person’s claims or
otherwise preside over any form of a representative or class proceeding.
Waiver of Jury Trial
In the event that a dispute between the parties is presented to a court, each party hereby waives any right to trial by jury in any claim, action, proceeding or counterclaim by either party against the other pertaining to any matters arising out of or in any way connected with this Term of Use, the subject transaction, or the relationship of the parties.
Copyright and Trademark Information
All content included or available on the Site, including site design, course materials (including any provided outside of the Site), text, graphics, interfaces, and the selection and arrangements thereof is ©2019 www.cprcertificationnow.com, with all rights reserved, or is the property of
MyCPR NOW and/or third parties protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MyCPR NOW is strictly prohibited. You agree that You will not use any robot, spider, or other automatic device, or manual process to monitor or copy any pages or other content of the Site without prior express written permission of an authorized officer of MyCPR NOW.
MyCPR NOW™ and www.cprcertificationnow.com™ are proprietary marks of MyCPR NOW. MyCPR NOW’s trademarks may not be used in connection with any product or service that is not provided by MyCPR NOW, in any manner that is likely to cause confusion among customers, or in any manner that disparages, criticizes or discredits MyCPR NOW.
All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the web sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with MyCPR NOW. American Red Cross and American Heart Association are not affiliated with MyCPR NOW.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, www.cprcertificationnow.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
11628 Old Ballas Road, Suite #327
St. Louis, Missouri 63141
Attn: IP Department
By Email: firstname.lastname@example.org
If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms and any other agreements referenced herein may be assigned by MyCPR NOW, in its sole discretion, to a third-party successor, including in the event of a sale of assets or business of MyCPR NOW, or in connection with a merger, acquisition, consolidation or restructuring of the business of MyCPR NOW. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between You and MyCPR NOW.