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American CPR Care Association Terms Of Service

American CPR Care Association (ACCA) provides the services and website located at https://cprcare.com (‘website’).

Regardless of whether or not you register for any of our products or services, by simply accessing or using the website and any content therein (or otherwise indicating your consent, if applicable) you (“the User”) agree to be bound these Terms of Services and the attached Privacy Policy (to the fullest extent the terms in these are applicable to your use and access of the website). If you do not agree, you should stop using this Site immediately.

Please read this Terms of Service Agreement before accessing our website.

This Terms of Service Agreement sets forth the terms of use of the American CPR Care Association Online Service (‘Service’). By using American CPR Care Association’s website, the User at minimum, agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the website. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Registering with American CPR Care Association

The Services we offer require for you to register for an account and provide us with some basic personal information.

The User or person registering will be required to accept the terms by: Clicking a button (“Login’ or “Register” or the like) on registration or login to accept and agree (or to the extent already agreed, confirm acceptance and agreement) to the Terms of Service, the Refund Policy (as found attached below), and the Privacy Policy (as found attached below), when registering for or logging in to access a course at American CPR Care Association. By completing registration for or access to a course, the User is also accepting all pricing and all billing terms displayed on the website, including in the course of registration.

Description of the Product or Service; Use Thereof by User

American CPR Care Association (ACCA) is providing on its website, courses including but not limited to online CPR, AED, First Aid, and Bloodborne Pathogens, ACLS, PALS, HIPPA certification and recertification courses. The User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for the User’s access to the Internet, and (3) pay any fees relate with such connection. Additionally, all individuals signing up for an American CPR Care Association course online warrant that they are at least 18 years of age at the time of purchasing the course. If a course is appropriate for someone less than 18 years of age, an adult purchaser that is at least 18 years of age may purchase a license to use the course for the sole use of a minor within the age range appropriate for the course. Note, however, in all cases that course-registering person purchases a licenses to use a course for someone else, a minor or otherwise, each license purchased (i.e. each User access purchased) shall not be shared with other users, and both the person purchasing the course (i.e., course license) and the person(s) accessing the course shall be subject to the terms of this agreement and its attachments (as and to the fullest extent applicable); moreover, such person registering for a course warrants that both he/she/it, as well as the person using the course, will be subject to and observing of the terms of this agreement (and of the Privacy Policy and any other applicable attachments to this agreement).

Virtual Hands-On Session with Mini Anne

American CPR Care Association will ship out a Mini Anne (manikin) when a User purchases a virtual, hands-on skills assessment session. It is the responsibility of the User to attend their virtual session and return the Mini Anne using the provided return label within 30 days of receiving the item. American CPR Care Association will provide the return box and label. Upon the time that American CPR Care Association does not receive the item back within 30 days, the User will be charged $60.00 for the Mini Anne.

In – Person Training

The User can opt for In-person training session with a live instructor. The User can avail In-person training for the courses at a designated location selected by the User or American CPR Care Association. Once the User is registered for an in-person training after payment, the User will receive an email with the details of the scheduled training. It is also mandatory for the User to complete the online course on the website prior to attending the in-person training.

Only attendance in the training will not qualify the User to be certified. Certification is subject to completion of the training to the satisfaction of the instructors and course requirements. Certification may be denied in case a User is absent for part of the training session. Also, a certificate of completion simply states that the User has successfully completed the required course objectives and has proficiently passed the skills assessment upon examination. It is the employer’s responsibility to assess the employee’s level of skill or knowledge and determine whether an employee is qualified to perform a specific job or function.

During the training program, every effort will be made to assure the User’s safety. In volunteering for this program, the User(s) agree to assume responsibility for their own health and well-being and waive any possibility for personal damage. The User agrees to accept full responsibility for any injuries that may arise due to any major/ minor mishap or any kind of accident or any unforeseen circumstance that arises during the training. By agreeing to these terms, the User waives any rights or cause of any kind of action arising from such unforeseen circumstances and declares that the instructors and American CPR Care Association shall NOT be held liable. The obligations of the Company will terminate once the training is completed or cancelled according to these terms.

American CPR Care Association shall take reasonable and prompt steps to address any technical or equipment failure or interruptions during the training but shall have no liability with respect to it.

The User understands and accepts that harassment in any manner or form including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others by taking the training in place of someone else is also strictly prohibited

Disclaimer of Warranties

The website is provided by American CPR Care Association on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, American CPR Care Association makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. American CPR Care Association shall have no liability for any interruptions in the use of this website or how CPR/AED, First Aid, or skills learnt from other courses are administered in the event of an actual emergency. American CPR Care Association disclaims all warranties with regard to the course information provided, including 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 a User attains a certification card from American CPR Care Association, it does not guarantee that the User is “qualified” to perform adult, child or infant CPR/AED, First Aid, ACLS or PALS techniques or how to effectively act if exposed to blood (bloodborne pathogens) or any other skills learnt from other courses on the website. It is the User’s responsibility to ensure that our certificate fulfills their requirements as requested by an employer/institution or state.

Limitation of Liability

American CPR Care Association SHALL NOT be liable for any damages whatsoever, and in particular, American CPR Care Association 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 this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if American CPR Care Association 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.

It is also the responsibility of the User to read, understand and agree to American CPR Care Association’s Terms of Service, Refund Policy and Privacy Policy before completing registration for a course on the website. Any questions regarding either document should be addressed to [email protected] before marking the box and completing registration.

Indemnification

The User agrees to indemnify and hold American CPR Care Association, 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 the User’s use of the training Service, the violation of this Agreement, or infringement by the User, or other user of the Service using the User’s computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

American CPR Care Association reserves the right to modify or discontinue the Service with or without notice to the User. American CPR Care Association shall not be liable to the User or any third party should American CPR Care Association exercise its right to modify or discontinue the Service. User acknowledges and accepts that American CPR Care Association does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. The User acknowledges that we are not responsible for the availability of, or the content located on or through, any third-party site. The User should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. The use of those third-party sites is subject to the acceptance of the terms of use and privacy policies of each site, and American CPR Care Association is not responsible therein. All Users must review and agree to the said terms of service and privacy policies of such third-parties’ sites.

If the User is redirected to American CPR Care Association’s website from any other third party site or link, the User will be bound by these terms of service, notwithstanding if the User has registered on any third party site.

Disclaimer Regarding Accuracy

The material on this website is offered for educational purposes. Course curriculum and other training material follow national guidelines or have been collected from publicly available sources. While American CPR Care Association makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

American CPR Care Association 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. Users should ask for professional instruction in addition to the material provided on this website. Even if performed properly, American CPR Care Association does not guarantee that these CPR/AED and First Aid procedures and Bloodborne Pathogens practices or any other skills learnt from other courses on the website will save lives.

Governing Jurisdiction of the Courts Texas

Our website is operated and provided in the State of Texas. As such, we are subject to the laws of the State of Texas, and such laws will govern this Terms of Service, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Texas.

Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees 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 this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008-2023 American CPR Care Association/cprcare.com, with all rights reserved, or is the property of American CPR Care Association and/or third parties protected by intellectual property rights. Any use of materials on the website, 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 American CPR Care Association is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of American CPR Care Association.

American CPR Care Association™ and cprcare.com™ are proprietary marks of American CPR Care Association. American CPR Care Association’s trademarks may not be used in connection with any product or service that is not provided by American CPR Care Association, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits American CPR Care Association.

All other trademarks displayed on American CPR Care Association’s website 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 American CPR Care Association. American Red Cross and American Heart Association are not affiliated with American CPR Care Association.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, cprcare.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail: P.O Box 1278, Coppell, Texas, 75019

By Telephone:1.888.808.9109

Other Terms

If any provision of this Terms of Use Agreement 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. The User agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by American CPR Care Association, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Service Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

REFUND POLICY

If you are not satisfied with the content that we have available within our courses, it is your responsibility to stop using our website. We cannot refund you for a course that you have already completed. Once you pass the quiz and are able to print your wallet card, we will not offer any refunds. We will provide refunds if your employer / institution does not accept our online course, and if this denial can be confirmed.

If American CPR Care Association certification does not comply with your requirements American CPR Care Association will issue a full refund. The User will need to email American CPR Care Association at [email protected] within 30 days of course payment. Once the User has paid for the course he/she will have full access to the course content and will be able to determine if it fulfills his/her requirements. In the email please include: your full name, mailing address, email address, name of the rejecting company, phone number for rejecting company, email for rejecting company, and reason refund requested.

Virtual Hands-On Session with Mini Anne

Users can also choose to purchase a hands-on CPR skill evaluation with a live instructor through our Mini Anne program. If User opts to purchase this training session a manikin will be shipped to the User. The Hands-on Training fee includes the Mini Anne manikin, shipment for the manikin (exclusions will apply, i.e., Hawaii, Puerto Rico and Alaska) and the video conference training. If you wish to reschedule your session timing, you can do so by clicking on the invitation and picking another date or you must contact the sales team 24 hours prior to the session to avoid a $10 re-scheduling fee. If you miss the session, you can schedule another timing for an additional $10. In the event that you opt to return your Mini Anne manikin, we will not be responsible for the return shipping charges and a $10 shipping fee will be deducted from your refund.

PRIVACY POLICY

(Also provided on the American CPR Care Association website at www.cprcare.com)

This document describes the privacy policies practiced by American CPR Care Association, as it applies to their customers and offered services. It covers the collection, use and disclosure of personal information that may be collected by American CPR Care Association anytime you interact with American CPR Care Association, such as when you purchase American CPR Care Association’s courses, visit our website, or when you request our customer support/information. For your understanding please read the following to learn about our information practices, what information we collect, how it is used, to whom we disclose this information, and how we protect your information.

Introduction

At American CPR Care Association we recognize that protection of your privacy is important. This document outlines the personal information we receive and collect when you use American CPR Care Association’ services. We hope that this will answer your questions and enable you to determine if you would like to share your personal information with us.

Personal Data That We Collect

The services we offer require for you to register for an account and provide us with some basic personal information.

Data you provide: American CPR Care Association collects personal information when an interested individual registers to take an online course on the website; or if the individual voluntarily provides this information. This information is used to provide proper certification for individuals who pass our courses.

Email communication: When you send American CPR Care Association an email (or other communication), we may retain these to fully process your requests, and record purposes.

Web cookies: When you visit American CPR Care Association one or more times a cookie – a small file of text sent by a server to a web browser; after which a message is sent back to the server each time the browser requests a page from the server – may be stored in your computer. Most browsers are setup to accept these cookies, but you can reset your browser to refuse or clear cookies.

Other sites: This privacy policy applies only to pages and services owned by American CPR Care Association We have no control over sites that may appear as search results or links from our services. These other sites may be results of Web cookies or existing files on your computer, which may also be extracting information from you.

How We May Use Your Personal Data

We will use your personal information for printing and mailing out your official certificate and wallet card, after you have successfully completed the course. We will also use this information to report Continuing Education or other credit hours.

The billing information you provide will be used by authorize.net to compensate (pay) for American CPR Care Association’s training services; after you have consented to pay. We may also use your personal information with third parties, when/if required by legal processes. We will use this information to contact you if we have any questions regarding the courses you enrolled in, incorrect mailing/email address, or in correspondence of support, technical problems, & etc..

We will maintain your personal information (except billing information) as needed for company records.

Note: The User can decline to provide us with personal information. However, American CPR Care Association’s services will not properly function or function at all as a result.
Privacy Protection We will not share or sell your personal information without your consent, unless ordered by law.

We will have record of the billing information you provide to on the American CPR Care Association’s Web site; however this information can only be accessed by authorize.net.

We take security measures to protect against misuse, loss and/or data alteration by our system. However, we are not liable for any personal information that you submit to American CPR Care Association. All the information that you provide to American CPR Care Association is submitted at your own risk.

We are not held liable if there is a security breach on authorize.net.

Privacy Questions

If you have questions or concerns about American CPR Care Association’s Privacy Policy please email us at [email protected]

Personal information is what we collect when you first register with American CPR Care Association and any information you provider to receive Continuing Education or other credit hours. This includes your first and last name, mailing address, e-mail address, phone number, billing information, professional license numbers and previous course history. Your name, address, and e-mail address is used for your official course completion certificate and wallet card. Any billing information that is provided is directed to authorize.net only

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