CPR Near Me (“CPRNM”)
Terms & Conditions
CPR Near Me provides the services and website located at www.cprnearme.com. These Terms of Use and Conditions constitute an agreement (“Agreement”) between you (“you”, “your”, “user”, “client”, “his”, “him”, “their” “her” or “customer”) and CPR Near Me, LLC (“CPRNM”, “us”, “we” or “our”) for all products, services (“services”) and websites ("Site(s)” or “Website(s)").
Any of the following actions constitute your agreement, without limitation or qualification, to be bound by, and to comply with, the terms of this Agreement: your initialization or purchase of our Services, either on the telephone, mail or through the Website; or your use of the Website.
You understand that CPRNM's website cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. CPRNM does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by CPRNM.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. CPRNM DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. CPRNM DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CPRNM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND CPRNM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT CPRNM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. CPRNM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
CPRNM WEBSITE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, WHICH INCLUDE, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST DATA AND BUSINESS INTERRUPTION, OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, , EVEN IF CPRNM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE COLLECTIVE LIABILITY OF CPRNM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE.
You represent and warrant that your use of the CPRNM website and the information, content and materials contained therein, as well as information or materials received from a CPRNM representative will at all times comply with applicable laws, rules, regulations and this Agreement. By using the CPRNM website, you agree to indemnify, hold harmless, and defend CPRNM, LLC, its subsidiaries, divisions, affiliates, officers, directors, employees, successors, agents, contractors, and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the CPRNM website; (ii) a dispute with us; (iii) your breach of the Terms of Use and Conditions; or (iv) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. CPRNM reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding CPRNM harmless.
The material and content accessible from this site, and any other Website owned, operated, licensed, or otherwise controlled by Website Owner (the “Content”) is the proprietary information of Website Owner or the party that provided or licensed the Content to Website Owner, whereby such providing party retains all right, title, and interest in the Content.
The license granted to you in these Terms of Service is restricted as follows:
CPRNM website may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
9.1 Severability – If any portion of this agreement is found to be unenforceable or void by a court of law, then the provision that is found to be void or unenforceable shall be deemed severable from the remaining provisions of this Agreement. Furthermore, severability shall not affect the validity or enforceability of the remaining provisions of this Agreement.
9.2 Termination of This Agreement – You understand and agree that we may terminate this Agreement, Use of this website and your Certification for any reason and at any time upon notice. Healthery and its employees have sole discretion to refuse to provide services to you and are not liable to you for damages or loss that may result from our refusal to provide you services.
9.3 Choice of Law – These Terms of Use and Conditions will apply in any dispute of any sort that might arise between you and CPRNM, or its subsidiaries, divisions, or affiliates shall be governed by and construed in accordance with the laws of the State of Nevada. Any action brought to enforce this Agreement or matters related to the CPRNM's website or CPRNM, LLC will be brought in either the state or federal courts of Las Vegas, Clark County, Nevada; provided, however, that notwithstanding anything contained in these Terms of Use and Conditions to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of Choice of Law non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. In addition, you expressly waive any right to a jury trial in any legal proceeding against CPRNM, LLC, or its subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms of Use and Conditions. Any claim or cause of action you have with respect to use of the CPRNM's website must be commenced within one (1) half-year after the claim arises.
9.4 Entire Agreement – These Terms of Use and Conditions constitute the entire agreement between you and CPRNM regarding the access, purchase of services and use of the CPRNM website and collected sites - Healthery.com DeliveredHealth.org Healthcare-Provider-CPR.com/ NationalCPRFoundation.com FreeCPRCertificationOnline.com.
9.5 Articles – All articles are for informational purposes only. Regarding medical treatment always seek the advice of a physician. If you think you may have a medical emergency, call your doctor or 911 immediately. CPRNM does not endorse any specific tests, physicians, products, procedures, opinions on this site. Nothing in the articles should be considered, or used as a substitute for, medical advice, diagnosis, sole prevention or treatment. All articles are provided "as is".
9.6 Non-affiliation – CPRNM is an independently owned and operated website and are not associated with, affiliated with or endorsed by the American Red Cross® or the American Heart Association®.
9.7 No-Reliance – You should not solely rely on the Material, 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. If CPR information is provided, CPR and First Aid procedures 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 that does not need them. Performing these procedures when they are not needed could result in serious injury or death. These procedures will not save everyone even when they are properly performed. CPR and First Aid instruction should not be viewed by children or adults who will not fully understand the Materials and their potential consequences.
9.8 Local Laws and Regulations Disclaimer – CPRNM does not represent, warrant or guaranty, either explicitly or implicitly, that its certification will comply with the user's or any third party’s requirements or standards. It is the student's sole responsibility to ensure compliance with the requirements and standards of any regulatory or licensing body or employer. Users of CPRNM are advised to contact their local or state licensing agency that has authority regulate CPR and First Aid Certification.
You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information in the Site requires the submission, use and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information of the Site, you acknowledge and agree that your use of the Site will constitute acceptance of the personal identifying information collection and use practices contained in the Privacy Policy posted on the Site.
It is our policy to respond to clear notices of alleged copyright and trademark infringement on any of our websites that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512(c)(3).
CPRNM respects the intellectual property of all others and demands that its Users do the same. If you believe your copyrights are being used without authorization on the Website, please submit a notification to us according to the following DMCA Guidelines.
You may submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent by mail or e-mail as set forth below.
In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers." If you are a copyright owner or an agent thereof, and you believe that any content hosted on our website infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Copyright Agent with the following information in writing:
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please note that our copyright agent will send a copy of such notices to both the individual that uploaded the allegedly infringing content and the creator of the social network where the content appears.
If you elect to send us a counter notice, to be effective it must be a written communication that includes the following:
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Our copyright agent only accepts counter-notices that meet the requirements set forth above and are received from the email address associated with the our copyright agent account you used to upload the content within 10 business days of our forwarding you the DMCA notice. You may submit your Counter Notification by sending it to our Designated Agent by mail or e-mail as set forth below in Section C.
The Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
via email to [email protected]
For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other communications related to the Website should be directed to the Website Creator. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
IF YOU DO NOT AGREE TO THE TERMS OF USE AND CONDITIONS HEREIN, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE. BY USING THE CPRNM SERVICES OR ACCESSING THE COMPANY’S WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
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