Terms of Use

 

TERMS and CONDITIONS OF USE for American Health and Safety Training, Inc.

  1. GENERAL TERMS and CONDITIONS OF USE

Thank you for accessing and using our Americanhealthsafety.com website (the “Website”).  This Website is provided on behalf of American Health and Safety Training, Inc. (“AHST,” “we,” “our,” or “us”).  By accessing the Website, you acknowledge and agree: (a) you have read, understand, and have agreed to be bound by, all of the terms and conditions of use, without modification by you, of our Website as provided in these Terms and Conditions of Use (“Terms”); (b) to comply with all applicable laws and regulations; and (c) that you are at least 18 years old, or at least the minimum legal age in the jurisdiction in which you are viewing or using our Website.  AHST may modify these Terms at any time and such modifications are effective upon posting.  No attempts to modify or amend these Terms without AHST’s written consent are binding on AHST.  Your continued access to the Website is your consent to be bound by modifications by AHST.

If you do not wish to be bound by these Terms after you have accessed them, you must exit the Website.

THESE TERMS ARE SUBJECT TO THE PRIVACY POLICY FOR OUR WEBSITE, WHICH IS A PART HEREOF AND THE TERMS OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.

  1. Intellectual Property

Unless otherwise expressly provided, all content, site design, information and materials, text, graphics, photographs, video and audio presentations, interfaces, and the selection and arrangement contained on or downloaded, if any, from this site (“Content”) are the copyrighted work of AHST, its affiliates, suppliers and/or third parties. The Content is protected by copyright laws and may be protected by other intellectual property laws, including patent, trademark laws, and international treaty provisions.

You bear responsibility for establishing procedures for the safety of your communications to us as we cannot guarantee that communications to or from us will be free from viruses, etc., or other code that can be destructive.

  1. Restrictions on Use of Content

You are hereby granted a non-exclusive license to use the Content, but only while accessing this Website, and a limited license to print copies of any Content posted at the Website, but only for your personal use.  Except as expressly provided in these Terms, all rights are reserved.  Except to the extent required for the limited purpose of reviewing material on our Website, electronic reproduction, adaptation, distribution, performance, or display is prohibited.  Commercial use of any of the Content is strictly prohibited.

PERMISSION TO USE OUR WEBSITE TERMINATES AUTOMATICALLY IF YOU BREACH ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OR ANY OTHER AGREEMENT YOU HAVE WITH COACHSAFE.

  1. Third-Party Website

Our Website may contain hypertext links (“Links”) to websites operated by persons or entities other than us (“Third-Party Websites”) as a convenience for our visitors.  WE ARE NOT RESPONSIBLE OR LIABLE FOR THE CONTENT OR OPERATION OF ANY SUCH THIRD-PARTY WEBSITES. A Link from our Website to a Third-Party Website does not imply sponsorship, affiliation, or endorsement of the content on that Third-Party Website or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content on any Third-Party Websites to which you might link from our Website.  If you believe we have provided a Link to a site that contains infringing or illegal content, we may ask that you notify us so that we may evaluate whether (in our sole discretion) to disable it.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY YOUR DEALINGS WITH ANY THIRD-PARTY WEBSITE.

  1. You Authorize Us to Use Your Information

Except for personal, private information provided to us under our Privacy Policy, and any information marked as “Confidential,” any and all contents, data, information or ideas that you publish, distribute, post, or disseminate (“Your Content”) on or through our Website by any means will be treated as non-confidential and non-proprietary, and you hereby grant us and our affiliates an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, adopt, distribute, or publicly display all or any portion of Your Content for any purpose whatsoever, including our use of such material, information, or ideas as content.

  1. You Authorize AHST to Use Your Information as Provided in Our Privacy Policy; Accuracy of Information; Payment of Charges

By signing up for our training classes and programs (the “Services”) through this Website,  you are authorizing us to obtain your personal identifiable information (PII) and/or to provide your PII to those third parties whom we deem necessary to provide you with the Services you have requested and to provide the type of information that we deem is required as an integral part of providing the Services to you, all as set forth in our Privacy Policy.  We take great care in an attempt to use only reputable companies to provide Services. HOWEVER, WE ARE NOT LIABLE FOR THE MANNER IN WHICH SUCH THIRD PARTIES HANDLE YOUR PII OR FOR ANY FAILURE BY SUCH THIRD PARTIES TO PROTECT THE PRIVACY OF YOUR INFORMATION.

By signing up for the Services on this Website, you certify and warrant that all information that you provide to us will be accurate, complete, and current and that you are not and have not knowingly provided us with any false information.

You agree to pay all charges incurred by users of your credit card, debit card, check or other payment method, as well as for use of your account by others, including, without limitation, employees, used in connection with a transaction with us, at the prices in effect when such charges are incurred. You shall pay any applicable taxes, charges, fees, duties and assessments, if any, relating to any such transactions or other monetary transaction interactions arising out of your use of our Website.

Please carefully review our Privacy Policy.  Your use of the Website is your consent to our Privacy Policy.

  1. No Representation, Warranty, or Guarantee

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: THE CONTENT ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED BY US; WE DISCLAIM THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS.

WE DO NOT MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE USE OF, THE EFFICACY OF, OR THE RESULTS OF THE USE OF THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS CORRECTNESS, COMPLETENESS, ACCURACY OR RELIABILITY.  WE DO NOT MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR THAT THE CONTENT MAY BE RELIED UPON FOR ANY REASON.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Non-Affiliation

We and all persons and entities involved in creating, producing, and delivering this Website and the Content are not associated with, or affiliated with, or endorsed by the American Heart Association, American Red Cross, or any other training or regulatory entity providing education or certification in CPR, First Aid, or AED.

  1. Limitation of Liability/Indemnity

THE CONTENT ON THIS WEBSITE HAS BEEN DEVELOPED AND BASED ON A VARIETY OF INFORMATION AVAILABLE TO THE GENERAL PUBLIC.  WE HAVE MADE REASONABLE AND GOOD FAITH EFFORTS TO ENSURE THE ACCURACY AND VALIDITY OF ALL MATERIAL PRESENTED IN THIS WEBSITE.  UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT OR IN TORT OR UNDER ANY LOCAL, STATE, OR FEDERAL LAW, STATUTE, ORDINANCE, REGULATION OR PROVISION, ARISING OUT OF OR RELATING TO THE USE OF THIS WEBSITE OR THE SERVICES ORDERED BY USING THIS WEBSITE, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE.

TO THE ABSOLUTE AND FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY HOLD COACHSAFE AND ITS AFFILIATES AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES AND REPRESENTATIVES, HARMLESS FROM ANY LIABILITY WHATSOEVER, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THIS WEBSITE OR THE SERVICES ORDERED USING THIS WEBSITE; (B) SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE; (C) ANY LIABILITY FOR DAMAGES OR INJURY TO YOU OR ANY OTHER PERSON, PROPERTY OR BUSINESS; (D) ANY CLAIM BASED ON ANY INCLUSION OR OMISSION OF CONTENT ON THIS WEBSITE; (E) ANY CLAIM BASED ON OUR PROCUREMENT, COMPILATION OR DELIVERY OF THE CONTENT ON THIS WEBSITE; (F) ANY CLAIM BASED ON ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT OR THE DELIVERY, REGARDLESS OF HOW CAUSED; (G) ANY CLAIM BASED ON DELAYS, INTERRUPTIONS OR INCOMPLETENESS IN THE DELIVERY OF THE CONTENT; AND (H) ANY CLAIM BASED ON ANY ACTION OR INACTION ARISING OUT OF, RELATING TO, OR RELYING UPON THE CONTENT OF THIS WEBSITE OR SERVICES OBTAINED OR ORDERED USING THIS WEBSITE.

  1. Indemnity for Violation of Terms

You agree to indemnify us and our  respective affiliates from and against all claims, demands, liabilities, losses, expenses, damages and costs resulting from any violation of this or any other agreement between AHST and you or any other person authorized by you to have access to this Website.

  1. Miscellaneous Legal Provisions

We may discontinue our Website at any time and for any reason, without notice.  We may modify these Terms at any time.  We may change the Content, operation, or any and all other features of our Website at any time for any reason, without notice.  We may discontinue or restrict your use of our Website at any time for any reason, without notice, at our sole discretion.

The language of all parts of these Terms and our Special Terms and Privacy Policy shall in all cases be construed as a whole, according to their fair meaning, and not strictly for or against any party.  The interpretation, application, and effect of these Terms shall be governed by the laws of the State of California without regard to conflict-of-law principles.  The parties hereto submit and consent to the jurisdiction and venue of the state court in the County of Contra Costa, California for any claims or legal actions by one party against the other arising out of the relationship between the parties contemplated herein (whether or not arising under these Terms).  Use of our Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of these Terms, the prevailing party in such action shall be entitled to recover attorneys’ fees.

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of our Website.

If any provision in these Terms is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with law enforcement requests or requirements.

All rights not expressly granted herein are hereby reserved.

Notwithstanding the termination or expiration of these Terms, the terms of paragraphs 4, 5, 6, 8 and 9 shall survive.

These Terms, our Special Terms and Privacy Policy, as modified from time to time by ASHT, constitute the entire and final Terms regarding our Website and its Content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to our Website.

  1. II. SPECIAL TERMS OF USE

 

You are also subject to the following special terms of use (“Special Terms”) if you have registered and completed one of our online health and safety training courses through this Website.  The Special Terms are subject to our Website General Terms of Use and Privacy Policy, the terms of which are incorporated herein by reference.  All capitalized words are either defined herein or on the Website General Terms of Use or the Privacy Statement.

  1. No Reliance

No one should rely solely on the Content of this Website or the information learned from our online training courses, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death, or damage of any kind.  CPR, First Aid, and AED procedures and protocols should be performed only on persons who require them and generally under the supervision of a licensed professional.  Do not attempt or practice these techniques on anyone who does not need them.  Performing these procedures and techniques when they are not needed can lead to serious injury and even death.  These procedures may not be effective even when they are properly performed.  CPR, First Aid, and AED instruction or awareness training should not be viewed by children or adults who will not fully understand the Content and its potential consequences.

  1. No Legal Advice

We do not offer or purport to offer legal advice on this Website nor through our Services.  Any and all legal questions should be referred to a qualified attorney.  We stress the importance of knowing and understanding the local, state or other jurisdiction’s “Good Samaritan Laws” and consent procedures prior to rendering aid to anyone in any circumstance.  As a general rule, a person must give consent to an offer of assistance before the rescuer renders aid.  If a person is conscious, the rescuer should ask for consent prior to rendering aid.  “Implied Consent” may occur when a person is unconscious or unable to respond due to a potentially life-threatening injury.  A rescuer should attempt to receive consent from a parent or legal guardian if the injured person is a minor or is mentally handicapped.  If a parent or guardian is unavailable, most states’ laws permit the rescuer to render aid without verbal consent.  In all cases of rendering aid to an injured person, you must do so as an act of good faith and not commit acts of gross negligence or willful misconduct.  “Good Samaritan Laws” vary among the states, so you should familiarize yourself with your state’s laws.  To do this, it is best to visit your state’s official website and search for “good Samaritan laws” to ensure you have access to the most current information regarding your state. It is your obligation to review the laws of your state and ensure that you comply with them.  Further discussion and related links may be found at: http://firstaid.about.com/od/medicallegal/f/07_good_sam_law.htm and also at Wikipedia: http://en.wikipedia.org/wiki/Good_Samaritan_law We are not responsible for the content of the link or the accuracy of its compilations of the laws of a particular state.

  1. Certification Disclaimer

The sole purpose of the certificate we issue is to verify that to the best of our knowledge based on the information available to us, you, the enrollee, have successfully completed our online training course.  The certificate does not represent, warrant, or guarantee that the enrollee is properly prepared or equipped to perform CPR, First Aid, or AED operations or assistance with an AED of any type.  Our role is to provide education and awareness training for sports-related treatment for injuries and cognitive psycho-motor skills for CPR, First Aid, and AED.  We do not represent, warrant, or guarantee, either explicitly or implicitly, that certification by us will comply with the enrollee’s or any third party’s requirements or standards.  It is your sole responsibility to ensure our certification will comply with the requirements and standards of any regulatory or licensing body, sports association or employer.

  1. Dissatisfaction

If you are dissatisfied with our online courses or the Website for any reason, then your sole and exclusive remedy is to discontinue accessing and using the Website.  Except where we fail to fulfill our obligations as outlined on the “course outline” or “course cost” sections, absolutely no refunds of any kind will be issued.  As set forth in greater detail below, the “Money-Back Guarantee” has certain limitations.

  1. Money-Back Guarantee

In the event that our certification does not comply with an enrollee’s certification needs or requirements which were previously made known to us in writing before you start our training, we agree to issue a full refund, provided that the following conditions are met: (1) the client submits a request for a full refund in writing within 30 days of confirmed registration by fax to 925-274-0106; (2) the client provides proof satisfactory to us that we were notified in writing of the specific requirements needed by the client and an explanation in detail as to how our course materials failed to meet such requirements.  Any exceptions to #1 and #2 above may be granted at the sole discretion of AHST.

We reserve the right in our sole discretion to deny any and all claims or requests for a refund which are determined in good faith to be fraudulent or in any way intended to abuse or take advantage of the “Money-Back Guarantee.”  Our determination and decision will be final.

  1. Modifications to Terms

You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. We encourage you to review these Terms each time you use this site.