Welcome to CPR Near Me® (CPRNM) and cprnearme.com (“the Platform”). These Terms and Conditions (“Terms”) govern your use of our Platform, a directory for training providers to list their life-saving health and safety training locations. By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, do not use the Platform. CPR Near Me® provides the services and website located at cprnearme.com. These Terms constitute an agreement (“Agreement”) between you (“user”) and CPR Near Me, LLC (“CPRNM”, “us”, “we”, “our”) for all products, services, and websites.
Agreement to Terms
By initiating or purchasing our Services via telephone, mail, or the Website, or by using the Website, you agree to be bound by these Terms.
- CPRNM Services: CPRNM provides search and online certification services at your specific direction.
- Medical Disclaimer: The information on this Website is not a substitute for medical advice or treatment. Consult a healthcare professional for medical advice. In case of emergency, dial 911.
- Legal Disclaimer: Use of CPRNM’s website or services does not create a legal obligation for us to represent your needs. If you do not agree to these Terms, discontinue use of the website and services.
Disclaimer
You understand that CPRNM’s website does not guarantee that files available for download will be free of viruses or other harmful code. You are responsible for implementing safeguards to satisfy your requirements for data accuracy and for maintaining external means for data recovery. CPRNM is not responsible for any internet-related risks.
The Content on the site is not complete or up-to-date and should not replace written reports or notices from CPRNM.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. CPRNM DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. CPRNM DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE FUNCTIONING OF THE SITE OR CONTENT.
Limitation of Liability
CPRNM, its subsidiaries, affiliates, licensors, service providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages arising out of the use or inability to use the Site, even if CPRNM has been advised of the possibility of such damages. The collective liability of CPRNM and its affiliates is limited to the amount paid by you, if any, for access to the Site.
Warranty and Indemnification
You represent and warrant that your use of the CPRNM website will comply with applicable laws and this Agreement. By using the CPRNM website, you agree to indemnify and hold CPRNM harmless from any claims, damages, losses, liabilities, and costs, including attorneys’ fees, arising from your use or misuse of the CPRNM website.
Limitations on Use
The content on this website may not be copied, distributed, republished, posted, or transmitted without prior written consent from CPRNM, except for personal use. You agree to use the CPRNM website only for lawful purposes and in a manner that does not infringe on the rights of, or restrict, other users. Prohibited actions include uploading harmful or illegal content, impersonating others, sending unsolicited advertising, and reverse engineering the website.
Communication Services
CPRNM may provide forums, message boards, and other communication services. You agree to use these services only for lawful and appropriate communications.
Miscellaneous
- Severability: If any part of this Agreement is found unenforceable, the rest remains in effect.
- Termination: We may terminate this Agreement or your access to the website at any time.
- Choice of Law: This Agreement is governed by the laws of the State of Nevada, and disputes will be resolved in Nevada courts.
- Entire Agreement: These Terms constitute the entire agreement between you and CPRNM regarding the use of the website and services.
Privacy Policy
Your use of the Site constitutes acceptance of our Privacy Policy, which details how personal information is collected and used.
Intellectual Property Infringement
If you believe that your intellectual property rights have been infringed, please contact us with the following information ([email protected]):
- A description of the copyrighted work or other intellectual property that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Platform.
- Your address, telephone number, and email address.
DMCA Notification Guidelines
If you believe your copyright is being infringed, submit a DMCA notice to our Designated Agent. Counter-notices must comply with the DMCA requirements.
Definitions
- Platform: Refers to CPR Near Me®, CPRNM, and cprnearme.com.
- Training Provider: An individual or entity listing training locations on the Platform.
- User: Any individual or entity using the Platform.
- Student: An individual seeking training services on the Platform.
Account Registration and Responsibilities
- Eligibility: Users must be at least 18 years old.
- Account Information: Training Providers must provide accurate information and keep it updated.
- Account Security: Training Providers are responsible for their account security.
- Termination: We may suspend or terminate accounts with inaccurate information.
Use of the Platform
- Service Description: The Platform lists training locations; it does not provide training services directly.
- No Endorsement: We do not endorse any Training Provider.
- Verification: Students should verify training locations independently.
Subscription and Fees
- Subscription Plans: Training Providers can choose from various subscription plans.
- Payment: Subscription fees are non-refundable and due in advance.
- Cancellations: Subscriptions can be canceled at any time but are non-refundable.
- Class Listing Fees: Fees are charged per class listed to prevent spam.
Features and Services
- Leads: Flat-rate pricing covers all leads.
- Location Profiles: Detailed profiles can be created for each location.
- Marketing and SEO: Listing on the Platform offers SEO benefits and increased exposure.
- Analytics: Training Providers can monitor clicks and leads.
- CPR Near Me® Badge: Providers can use the CPRNM badge™ on their websites.
Content and Conduct
- Provider Content: Training Providers are responsible for their content.
- Prohibited Content: Do not post false, misleading, defamatory, or unlawful content.
- Content Removal: We may remove content that violates these Terms.
Intellectual Property Rights
- Ownership: All content, trademarks, service marks, logos, and intellectual property displayed on the Platform are owned by CPRNM or its licensors. You do not acquire any ownership rights by using the Platform.
- License: CPRNM grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial use in accordance with these Terms.
- Restrictions: You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Platform or any content offered through the Platform.
User Conduct and Obligations
- Prohibited Activities: You agree not to:
- Use the Platform for any illegal or unauthorized purpose.
- Circumvent, disable, or otherwise interfere with security-related features of the Platform.
- Upload, post, or transmit any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Engage in any activity that interferes with or disrupts the Platform or its services.
- Compliance: You must comply with all applicable local, state, national, and international laws and regulations when using the Platform.
Payment Terms
- Payment Methods: CPRNM accepts various payment methods, which will be specified during the subscription process. You agree to pay all charges incurred in connection with your chosen payment method.
- Billing and Invoices: All billing information provided must be truthful and accurate. If you provide false or fraudulent billing information, CPRNM reserves the right to terminate your access to the Platform.
- Disputes and Chargebacks: If you dispute any charges, you must notify CPRNM in writing within thirty (30) days after the date of the disputed charge. Failure to notify CPRNM within this period will result in the waiver of your claims related to such charges.
Confidentiality
- Confidential Information: During your use of the Platform, you may receive confidential information of CPRNM. You agree to maintain the confidentiality of such information and not disclose it to any third party without CPRNM’s prior written consent.
- Exceptions: The confidentiality obligation does not apply to information that is publicly known, rightfully received from a third party, or required to be disclosed by law or court order.
Modifications to the Terms
- Right to Modify: CPRNM reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on the Platform.
- Notification: It is your responsibility to review these Terms periodically. Your continued use of the Platform after any modifications indicates your acceptance of the updated Terms.
Governing Law and Dispute Resolution
- Arbitration Agreement: Any disputes arising out of or relating to these Terms or the use of the Platform will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
- Class Action Waiver: You agree that any arbitration or proceeding will be limited to the dispute between you and CPRNM individually. You acknowledge and agree that you waive the right to participate in a class action.
- Jurisdiction: This Agreement will be governed by the laws of the State of Nevada without regard to its conflict of law principles. Any legal action or proceeding related to this Agreement will be brought exclusively in the state or federal courts located in Las Vegas, Clark County, Nevada.
Termination and Suspension
- Termination by User: You may terminate your account at any time by providing written notice to CPRNM.
- Termination by CPRNM: CPRNM may suspend or terminate your access to the Platform at any time, with or without cause, and without notice.
- Effect of Termination: Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Force Majeure
- Definition: CPRNM will not be liable for any failure to perform its obligations under this Agreement if such failure results from any cause beyond CPRNM’s reasonable control, including but not limited to acts of God, war, terrorism, strikes, supply shortages, or governmental regulations.
- Notice: CPRNM will notify you of the occurrence of a force majeure event and its impact on performance as soon as reasonably possible.
Notices
- Method of Notice: CPRNM may provide notices to you via email, regular mail, or postings on the Platform.
- Receipt of Notice: Notices will be deemed received by you within twenty-four (24) hours of posting on the Platform or sending via email, and within three (3) business days of mailing.
Data Protection and Privacy
- Data Collection: We collect personal information such as name, email address, phone number, and payment information. By using the Platform, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.
- Data Usage: We use your personal data to provide and improve our services, process payments, communicate with you, and for other operational purposes.
- Data Security: We implement reasonable security measures to protect your personal information from unauthorized access, use, or disclosure. However, we cannot guarantee absolute security.
- User Rights: You have the right to access, correct, or delete your personal information. To exercise these rights, please contact us at [email protected].
Third-Party Links and Services
- Third-Party Links: The Platform may contain links to third-party websites or services that are not owned or controlled by CPRNM. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
- No Endorsement: The inclusion of any third-party link does not imply endorsement by CPRNM of the website or any association with its operators.
- Third-Party Services: Any dealings with third parties (including advertisers) included within or accessible via the Platform, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. CPRNM shall not be responsible or liable for any part of any such dealings or promotions.
User-Generated Content
- Responsibility for Content: Users may post reviews, comments, and other content; submit suggestions, ideas, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable.
- License to Use Content: By posting content, you grant CPRNM a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
- Content Removal: CPRNM reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
Feedback and Submissions
- Feedback: If you provide CPRNM with any feedback or suggestions regarding the Platform, you hereby assign to CPRNM all rights in such feedback and agree that CPRNM shall have the right to use and fully exploit such feedback and related information in any manner it deems appropriate.
- No Compensation: You will not be entitled to, nor will you receive, any compensation or reimbursement of any kind from CPRNM for your feedback.
Advertising and Marketing
- Advertising Rights: CPRNM reserves the right to display advertisements in connection with your content and to use your content for advertising and promotional purposes.
- No Endorsements: Display of advertisements does not imply endorsement by CPRNM of any advertised products or services.
Listings Without Ownership
- Free Listing Period: Listings provided without verified ownership shall be displayed at no charge, under the following conditions.
- Right to Modify or Remove Listings: We reserve the exclusive right to remove or modify any listing at any time and for any reason without prior notice to the listed party.
- Owner-Initiated Modifications or Removal: If the listing owner requests removal or modification of a listing, such requests shall be honored promptly, subject to verification of the requestor’s ownership of the listing.
- Account Ownership and Free Trial Period: Upon creation of an account and claim of ownership over a listing, the listing owner may be granted a complimentary trial period, during which they may manage their listing directly. The terms and duration of this trial period are subject to our discretion.
Mobile Application
- Additional Terms: If you access the Platform via a mobile application, additional terms and conditions may apply, including those provided by the application store or platform (e.g., Apple App Store, Google Play).
- Updates: CPRNM may provide updates to the mobile application that must be installed for continued use.
Service Availability
- No Guarantee: We do not guarantee that the Platform will always be available, uninterrupted, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of the Platform for business and operational reasons.
- Maintenance: Scheduled maintenance may occur from time to time, during which the Platform may be unavailable. We will endeavor to inform you of any scheduled maintenance in advance.
Electronic Communications
- Consent to Electronic Communications: By using the Platform, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Platform.
- Legal Requirement: You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Amendments to Services
- Service Modifications: CPRNM reserves the right to modify or discontinue, temporarily or permanently, the Platform or any features or portions thereof without prior notice.
- User Obligations: You agree that CPRNM will not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform or any part thereof.
If you do not agree to these Terms, immediately stop using the website. By using CPRNM services or the website, you acknowledge that you have read these Terms and agree to be bound by them.