Your use of the Site is subject to compliance with these Terms and to any other prior or contemporaneous agreement between Company and you. You also agree to comply with any additional rules, terms, policies, and conditions relating to the products, services, features, materials, and Content (defined below) provided on, or made available through, the Site.
From time to time, we may, in our sole discretion, suspend or discontinue the availability of the Site or of any of its features, materials or Content. We may make improvements, changes, or amendments to the Content, information, services, products, and other materials on the Site, or modify or terminate offerings on the Site at any time, in our sole discretion, subject to applicable laws.
We may update these Terms from time to time, so please review them each time you access or use the Site. If we make material changes to these Terms, we will post a notice of the revised Terms on the Site. Your continued access to or use of the Site after the effective date constitutes your acceptance of the updated Terms.
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive license to access and use the Site for lawful and non-commercial purposes. This may include, for example: obtaining and requesting information about Company and its products, services, and business activities, making purchases, and conducting business or communicating with the Company.
Aside from the limited license described in these Terms, you may not copy, reproduce, distribute, modify, republish, upload, post, publicly display, broadcast, encode, translate, transmit or distribute in any way, such as to any other computer, server, device, website, social media platform, medium or commercial enterprise, all or any part of the Site or Content, without Company’s express prior written consent.
Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or the Content except as expressly permitted by these Terms. All rights not expressly granted in these Terms are reserved for Company.
You agree that you will comply with these Terms and that you will not engage in conduct or communications that: (a) are untruthful, obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening to others, or negatively impact another person’s ability to use the Site or lawfully engage with the Company; (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful components that may, or are intended to, damage, detrimentally interfere with, surreptitiously intercept, or expropriate the Site or any system, data, or personal information; (c) engage in, advocate or encourage any illegal activity; (d) infringe upon, dilute or violate the copyright, patent, trademark, trade secret, right of publicity, intellectual property, or proprietary rights of Company or of any third party; (e) violate the privacy of individuals, including, but not limited to, other users of the Site, Company employees, or customers of Company; (f) engage in, assist, or encourage any conduct, activities, or communications that adversely affect the operation, access, or usability of the Site for any other authorized user; (g) make unauthorized misrepresentations, representations or warranties about the Content, the Site, the Company, or the Company’s products and services; or (h) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not: (i) attempt to gain unauthorized access to any portion or feature of the Site, including our systems, networks, social media pages or servers, including without limitation, by hacking, impersonation, password “mining” or any other illegitimate means; (j) access, acquire, copy, monitor, circumvent, or create derivative works from any portion of our Site, including our systems, networks, social media pages and groups, or servers, to obtain or attempt to obtain any Content, materials, documents, or information through any unlawful means; (k) sell, rent, license, or unlawfully distribute any Content, materials, documents, or information obtained on or through the Site; and (l) copy, adapt, distribute, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any parts thereof, except as expressly permitted herein.
The Site that may be accessed from, displayed on, or linked to or from your mobile device or PC may not be available in all languages or in all countries. We make no representations that the Site and Content are appropriate or available for use in any particular location. To the extent you choose to access the Site, you do so at your own initiative and are responsible for compliance with any applicable laws and regulations. We reserve the right to change, suspend, remove, or disable access to the Site at any time without notice, in our sole discretion. In no event will we be liable for the removal or disabling of access to the Site, whether temporary or permanent. We may also impose limits on the use of or access to the Site or portions thereof, in our sole discretion and without notice or liability.
Information You Provide
You agree that all information, materials, or content you provide to us (“User-Supplied Content”) will be true, accurate, current, not misleading, and complete. You represent and warrant that you have the legal right to provide User-Supplied Content and that it does not violate any third party’s intellectual property, privacy, right of publicity, or other proprietary or ownership rights. Any User-Supplied Content, including without limitation, comments, feedback, submissions, images, photographs, designs, responses to questions, sweepstakes or contest entries, emails, documents, suggestions, or the like will be deemed to be non-confidential, will not be returned, and shall be owned exclusively by Company. We shall have no obligation of any kind with respect to User-Supplied Content. By uploading, sending, posting, submitting, sharing, or otherwise providing any User-Supplied Content, you grant Company an unrestricted, irrevocable, worldwide, non-exclusive license to use, modify, reproduce, display, perform, transmit, and distribute it, in Company’s sole discretion. You agree that Company may freely use User-Supplied Content, including without limitation, ideas, concepts, text, images, drawings, materials, strategies, know-how or other information that you provide us, for any purpose and in Company’s sole discretion, including for use in creating, using, selling, and distributing products, services, or derivative works, worldwide and in perpetuity, without any notice or compensation to you or any third party.
The entire content of the Site, including but not limited to text, graphics, data, user interfaces, visual interfaces, photographs, images, artwork, trademarks, logo designs, sounds, videos, music, artwork, and computer code, and the design, structure, selection, arrangement, coordination, expression, and “look and feel” of such content (individually and collectively, “Content”) is owned, controlled or licensed by or to the Company.
All trademarks, service marks, logos, designs, taglines, images, photographs, copyrightable works, trade dress and other trade identities displayed on the Site and used in connection with their operation (individually or collectively, “Intellectual Property”) are owned, controlled or licensed by Company or are the property of their respective owners.
You agree not to use, copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute in any way (including mirroring or framing) to any other computer, server, website, medium or commercial enterprise, any part of the Site or any Content without our express prior written consent. The Site and Content are protected from unauthorized use, copying and dissemination by U.S. and international laws and conventions, including those relating to copyright, trademark, advertising, unfair competition and intellectual property.
Third-Party Sites and Information
Our Site may display links to third-party content such as other websites, online information, documents, product descriptions, photographs, sponsored content, and third-party service offerings. Company has no control over third-party content, nor does it formally sponsor or endorse such content. We encourage you to do your own independent research on third-party offerings that may appear on the Site, in advertising on the Site, or on third-party websites, whether or not such third parties are affiliated with Company. You agree that Company is not responsible or liable for any third-party content, advertising, products, services, or materials available through third-party websites, providers, or resources. You further agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any third-party content, products, services, features or materials available through a third-party website, provider or resource. If a third-party links to any portion of the Site, the third-party agrees pursuant to these Terms not to confuse the public or falsely imply a connection with Company, and further to remove and/or disable such link(s) upon request.
Digital Millennium Copyright Act (DMCA)
Company respects the intellectual property rights of others and users of the Site are expected to do the same. We will investigate reports of alleged infringement and take appropriate action, in our sole discretion, to remove or disable access to material found likely to be infringing. If you believe any Content infringes your copyright, please provide the following information: (a) physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed; (b) description of the copyrighted work that you believe has been infringed; (c) location on the Site of the allegedly infringing material; (d) your address, telephone number and email address and any other pertinent information sufficient to allow us to contact you; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Notices of claimed copyright infringement should include “Notice of Infringement” in the subject line and be sent by email to firstname.lastname@example.org or directed by mail or courier to:
MyCPR NOW LLC
Attn: Copyright Agent
11628 Old Ballas Rd., Ste. 327
St. Louis, Missouri 63141
Electronic Communications, Transactions and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on or through the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by any means other than electronic means.
THE SITE AND CONTENT ARE FOR GENERAL INFORMATION ONLY AND PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE SITE WILL BE APPARENT OR CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE OR CONTENT AND OF ANY ACCESS TO OR USE OF THE SITE AND CONTENT.
WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SITE AND CONTENT, AND THE PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES OR SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (“COMPANY PARTIES”) BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION, FOR PERSONAL INJURY, ILLNESS, INCAPACITY OR WRONGFUL DEATH ARISING FROM OR RELATED TO THE ACTIONS OF ANYONE WHO HAS USED THE SITE OR THE PRODUCTS OR SERVICES ON THE SITE OR HAS RECEIVED A CERTIFICATION FROM MYCPR NOW. COMPANY PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT DISPLAYED ON OR CONTAINED WITHIN THE SITE, OR PRODUCTS, SERVICES OR CERTIFICATIONS OFFERED ON OR THROUGH THE SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
ANY CLAIM UNDER THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED, AND ANY CLAIM IS SUBJECT TO THE LIMITATION OF LIABILITY SET FORTH ABOVE.
YOU WILL INDEMNIFY, DEFEND AND HOLD COMPANY AND ITS AFFILIATES, PARTNERS, EMPLOYEES, AGENTS AND SUBSIDIARIES, HARMLESS FROM ALL LIABILITIES, CLAIMS, DEMANDS, ACTIONS, SUITS, PROSECUTIONS, PROCEEDINGS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF APPLICABLE LAW, AND ANY CLAIM INVOLVING ALLEGED INFRINGEMENT, VIOLATION OR MISAPPROPRIATION OF THIRD-PARTY RIGHTS BY YOU. IF WE ARE OBLIGATED TO RESPOND TO A THIRD-PARTY SUBPOENA OR OTHER COMPULSORY LEGAL ORDER OR PROCESS, YOU WILL ALSO REIMBURSE US FOR REASONABLE ATTORNEYS’ FEES AND FOR COSTS AND EXPENSES INCURRED IN CONNECTION THEREWITH.
These Terms, and any disputes related to these Terms, the Site, the Content, and the products and services offered on and through the Site, will be governed by and construed according to the laws of the State of Missouri, USA, without regard to conflicts of laws principles.
Dispute Resolution and Binding Arbitration
ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE PARTIES SHALL FIRST ATTEMPT IN GOOD FAITH TO RESOLVE ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT. JUDGMENT ON ANY ARBITRATION AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
NOTWITHSTANDING THE FOREGOING, THE OBLIGATION TO ARBITRATE WILL NOT BE BINDING WITH RESPECT TO ANY CLAIMS OR DISPUTES RELATING TO MYCPR NOW’S INTELLECTUAL PROPERTY, REAL PROPERTY, OR REQUESTS FOR TEMPORARY RESTRAINING ORDERS, PRELIMINARY OR PERMANENT INJUNCTIONS, OR OTHER PROCEEDINGS IN A COURT OF COMPETENT JURISDICTION TO OBTAIN INTERIM OR PERMANENT RELIEF, SUCH AS WHEN DEEMED NECESSARY BY SAID COURT TO PRESERVE THE STATUS QUO OR PREVENT IRREPARABLE INJURY OR DAMAGE PENDING RESOLUTION BY ARBITRATION. THE ARBITRATOR(S) SHALL AWARD TO THE PREVAILING PARTY, IF ANY, AS DETERMINED BY THE ARBITRATOR(S), ALL OF ITS COST AND FEE. "COSTS AND FEES" SHALL MEAN ALL REASONALBE PRE-AWARD EXPENSES OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR(S), ADMINISTRATIVE FEES, TRAVEL EXPENSES AND COURT COSTS, EXPERT WITNESS FEES, CONSULTANT FEES AND ATTORNEYS’ FEES.
IF FOR ANY REASON ARBITRATION DOES NOT OR CANNOT APPLY, THE PARTIES AGREE THAT THE VENUE FOR ANY DISPUTE OR CLAIM ARISING OUT OF THIS AGREEMENT SHALL BE IN THE STATE AND FEDERAL COURTS LOCATED IN ST. LOUIS COUNTY, MISSOURI.
Class Action Waiver
TO THE EXTENT ALLOWED BY LAW, YOU AND MYCPR NOW AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, COURT OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND THAT NEITHER YOU NOR MYCPR NOW WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR ANOTHER THIRD PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND MYCPR NOW FURTHER AGREE THAT NO ARBITRATION PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO SUCH ARBITRATION OR PROCEEDING.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
Any failure by MYCPR NOW to enforce any right or provision under these Terms, in whole or in part, will not constitute a waiver of future enforcement of that right or provision.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
We will provide notices under these Terms by: (i) sending a message to the email address or other contact methods you provide to us; or (ii) by posting to the Site. It is your responsibility to keep your email address and contact information current and to take steps to keep your Site credentials confidential. Any notices you wish to provide to us shall be made as follows: by personal delivery, overnight courier, or registered or certified mail to MYCPR NOW at 11628 Old Ballas Rd., Ste. 327, St. Louis, Missouri 63141. We may update the email address or physical address for notices to us by posting a notice on the Site.
Last Updated: 3-26-2023