- Your Acceptance
Welcome to the Terms of Service for InfantCPR. This is an agreement (“Agreement”) between Fairmont LLC, (“InfantCPR”), the owner and operator of www.infantcpr.com (the “Site(s)” and any “Service(s)”) and you (“you” or “your” or “user(s)”), a user of the Site and Service. This Agreement is legally binding and governs your use of our Site and Service.
Throughout this Agreement, the words “InfantCPR,” “us,” “we,” and “our,” refer to our company, Fairmont LLC and our website, www.infantcpr.com referred to herein as InfantCPR, or our Service, InfantCPR, including any products offered through our service.
- General Disclaimer
You should not solely rely on any content or training material found or purchased on our Site, 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 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. CPR and First Aid 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 training or the potential consequences of such training.
InfantCPR does not offer or purport to offer legal advice. Any legal questions should be referred to an attorney. InfantCPR does note the following general principles, which may or may not apply in any particular jurisdiction. A person must give consent to an offer of assistance before any person attempts to render either CPR or First Aid. If a person is conscious, the rescuer should ask for consent before rendering help. Consent may be implied if the person is unconscious, so badly hurt that the injury is potentially life-threatening, or too ill to respond. A rescuer should attempt to receive permission to render aid from a parent or guardian if the person is a minor or is mentally or emotionally handicapped. If a parent or guardian is unavailable, the rescuer may generally give aid without consent. State “Good Samaritan” laws may provide rescuers with legal protection if the rescuer acts in good faith and is not guilty of gross negligence or reckless or willful misconduct. The scope of protection afforded by these laws varies from state to state; the rescuer should be familiar with the laws of any state in which they are rendering or attempting to render aid.
The actual certificate as printed may vary from the image displayed on this website. The sole purpose of the certificate is to verify that to the best of InfantCPR’s knowledge, the purchaser has successfully completed our online course. The certificate does not represent, warrant or guaranty that the purchaser is properly prepared or equipped to perform CPR or First Aid. InfantCPR’s role is to provide education to the user using generally accepted training guidelines. InfantCPR 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 client’s sole responsibility to ensure compliance with the requirements and standards of any regulatory or licensing body or employer.
- InfantCPR Description of Service
InfantCPR provides online training for CPR and other First Aid techniques.
3.1 InfantCPR Content
InfantCPR may provide to you or make available materials, courses, training, comments, or other content (“InfantCPR Content”) via the Site or Service. The InfantCPR Content is for general educational and informational purposes only. Although InfantCPR is certified to teach courses and provide any content, the InfantCPR Content is not medical advice and should not be substituted for in person training or consultation with a medical or licensed professional. You agree that under no circumstances will InfantCPR be liable for any loss or damage caused your use or access to such InfantCPR Content. It is the responsibility of you to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, including any InfantCPR Content available through our Site and Service. If you have any questions regarding InfantCPR Content please contact a medical professional or licensed professional.
- User Accounts
You may visit our Site without registering. However, you’ll need to sign up for an account to use any of our Services. When creating an account we will collect your name, email, address and credit card information. We may also collect additional information if necessary. If you use any of our paid services, you will submit your credit card information which will be collected, processed and stored by Authorize.net.
- Your Responsibilities
You are responsible for your use of InfantCPR, and for any use of InfantCPR made using your account.
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree to act in a respectful and courteous manner at all times while using our Site and Service;
- You agree that you are solely responsible for any encounters with third parties listed on our Site and Service;
- You agree that any interactions with third parties after using our Site and Service are your responsibility only;
- You agree not to speak hatefully, stalk or otherwise harass other users;
- You agree not to misappropriate any of our intellectual property;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to InfantCPR;
- You agree not to collect or store personal information about other end users;
- You agree not to interfere with or disrupt InfantCPR;
- You agree not to hack, spam or phish us or other users;
- You agree to provide truthful and accurate content;
- You agree to not violate any law or regulation and you are solely responsible for such violations;
- You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Sites or any of our Services;
- You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a thirty party’s website, such as by requesting its removal from a search engine;
- You are expressly prohibited from accessing InfantCPR through a virtual private network or by proxy.
We may suspend or revoke your access if you fail to abide by these rules or at our discretion. If we decide to revoke your access due to a violation of these rules no refunds will be provided.
- Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Service without our prior written permission. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing any content found on InfantCPR including our layout, arrangements and our teaching system. Your copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data or designs, but may also infringe on a third party’s copyright. You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation binding to you beyond the applicable intellectual property laws.
- Your Copyright
Any content submitted by you will be owned by you. However, you agree to grant InfantCPR and its affiliates, representatives and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your content and anything we may make with your content through InfantCPR or any other medium currently invented or invented in the future. We reserve the right to display advertisements and to use your content to advertise and promote InfantCPR. The foregoing license granted by you terminates once you remove your content from our Site.
- COPPA Compliance
InfantCPR and its Services may only be used by persons 13 years of age or older. We do not collect any information from children under 13 years old. If you are under the age of 18 you must have a parent or guardian’s permission to use our Site and Service, you must be 18 years of age or older to purchase any Services from our Site.
- Choice of Law
This Agreement shall be governed by the laws in force in Arizona. The offer and acceptance of this contract is deemed to have occurred in Arizona.
- Access to Our Service and Limited License
Our Site and Service are provided “as-is”. We may at our discretion and without notice to you change, modify, interrupt or terminate our Site and Service. You agree that our Service may not always be error free, continuous or undisrupted. We do not make any representation, warranty or guaranty regarding the use of, the efficacy of or the results of the use of any content found or purchased on our Site or Service, including but not limited to its correctness, completeness, accuracy or reliability.
You agree not to distribute any content found on our Site and Service without our prior written authorization, unless such distribution is through functionality offered by our Service. You agree not to access content through any technology or means other than through our Site or Service or otherwise authorized by us.
After visiting our Site you may be interested in subscribing to our Service. You will be required to submit payment information to do so. To process our payments we will use Authorize.net. Your payment information will be collected and stored with them. You must agree with their terms and conditions before paying for any of our Services. We may also accept payment by direct mail, if you are interested in paying through mail please contact us at firstname.lastname@example.org.
At InfantCPR we want to you to be satisfied with your use of our paid Services. Therefore, if you are unsatisfied with our Service or did not find our training helpful we will gladly refund any money you have paid. In order to obtain a refund you will have to contact us at email@example.com. Please be aware that such refunds are granted at our sole discretion.
Although we may grant you a refund at our discretion, please note that we are vigilant about chargebacks. Chargebacks are only appropriate for certain disputes, such as non-delivery of an item or delivery of an incorrect item. Any use of fraudulent chargebacks to obtain free goods from us is not only a criminal offense, but also strictly prohibited under this Agreement.
We may at our sole discretion offer discounts or promotional codes. Please be aware that any such discounts may be subject to additional terms and conditions.
- Termination and Cancellation
We may terminate or suspend our Service or your account or any other provision of Services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement or your InfantCPR account, you are solely responsible for properly canceling your account, please contact us at support@InfantCPR.com. Cancellation may result in the immediate deletion of your account. However, although your information will be inaccessible, we may keep copies for a commercially reasonable time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
- Limitations on Liability
YOU AGREE THAT ONLY YOU ARE LIABLE FOR ANY CLAIMS, INJURIES , OR HARM CAUSED TO THIRD PARTIES AFTER USING OUR SITE AND SERVICE. IN NO EVENT SHALL FAIRMONT LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CREDITORS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES OR RESULTING FROM ANY ENCOUNTERS WITH THIRD PARTIES AFTER USING OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR PRODUCTS MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE FAIRMONT LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE APPLICABLE IN ALL JURISDICTIONS AND MAY NOT APPLY TO YOU. IN THE EVENT THAT WE ARE UNABLE TO DISCLAIM ALL LIABILITY LIMIT OUR DAMAGES TO THE ACTUAL AMOUNT YOU HAVE PAID TO US FOR ANY SERVICES THROUGH INFANTCPR.COM.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS THROUGH THIS AGREEMENT. INFANTCPR IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF TRAINING OR KNOWLEDGE GAINED FROM OUR SITE.
For Jurisdictions that do not allow us to limit our liability : Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SERVICE AND PRODUCTS IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.
- Representations and Warranties
OUR SITE, SERVICE AND PRODUCTS ARE OFFERED “AS-IS”, INCLUDING ANY ERRORS, BUGS OR OTHER TECHNICAL ISSUES. WE EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED ASSOCIATED TO OUR PRODUCTS. OUR SITE OR SERVICE MAY NOT BE FIT FOR A PARTICULAR PURPOSE AND MAY NOT WORK OR BE APPLICABLE WHERE YOU RESIDE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR THAT OUR SERVICE IS NON-INFRINGING. FURTHERMORE, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE SITE OR SERVICE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED, OR THAT THE SITE OR SERVICE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. FURTHERMORE, INFANTCPR does not make any representation, warranty or guaranty as to the content, sequence, accuracy, timeliness or completeness of the ANY MATERIAL OR CONTENT FOUND ON OUR SITE. SUCH MATERIAL OR CONTENT MAY be UNRELIABLE OR INACCURATE. INFANTCPR does not make any representation, warranty or guaranty regarding the use of, the efficacy of or the results of the use of the ANY MATERIAL OR CONTENT FOUND ON OUR SITE OR PURCHASED THROUGH OUR SERVICE, including but not limited to its correctness, completeness, accuracy or reliability.
You agree to defend, indemnify and hold harmless InfantCPR, its parent corporation, officers, directors, employees, creditors, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the InfantCPR Service;
- your violation of any term of these Terms of Service;
- any claim that your actions caused injury or harm to a third party.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
- Third Party Links
We may link to third party websites from our own website. We have no control over, and are not responsible for, these third party websites or their use of your personal information. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site.
- Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to Phoenix, Arizona. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
- Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, InfantCPR shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified and may contact you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
- California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about InfantCPR must be addressed to our agent for notice and sent via certified mail to: Agent of InfantCPR, 302 E. Fairmont Drive, Tempe, AZ 85282.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
terms last updated: July 10, 2015
- Identifying Information Submitted by You
You will not be required to submit any information when visiting our Site. However, in order to use some parts of our Site and Service you will be required to create an account. When ordering any products we will collect your name, email, address, and credit card information. Please be aware that any credit card information submitted by you will be processed and stored by Authorize.net.
- Non-Identifying Information
Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, interactions with the Site and Service, location, referring URL, browser, operating system, cookie information, usage, data transferred and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party such as your wireless provider, this information alone cannot usually be used to identify you.
- Use of Your Information
We will never sell or transfer your information to third parties without your consent. You agree that we may use your information:
- To enhance or improve our users’ experiences.
- To provide our Service to you.
- To process transactions.
- To contact you and to respond to inquiries.
- To send you emails or newsletters.
- To register your account and allow you to use our Service.
- Accessing, Editing, and Removing Your Information
After creating an account you may be able to edit information submitted through our Site or Service. Simply access your account through the Site and edit any information. Please be aware that you will be unable to opt out of any of our data collection practices.
If you want your information to be removed from our database please contact us at info@InfantCPR.com. Although your information will be inaccessible, we may keep a copy of your user information for a commercially reasonable time for internal and legal purposes. Although some changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such.
- Third Party Access to Your Information
Although you are entering into an Agreement with InfantCPR to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.
- Law Enforcement
- Commercial and Non-Commercial Communications
- Third Parties
InfantCPR may post links to third party websites on our Site or Service, which may include information that we have no control over. When accessing a third party site through our Site or Service, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.
- Security Measures
We take reasonable attempts to protect your information. However, as this is the Internet, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.
- Your California Privacy Rights
- Age Compliance
We intend to fully comply with COPPA and international laws respecting children’s privacy. Therefore, we do not collect or process any information for any persons under the age of 13. If you are under 13 and using our Site or Service, please stop immediately and do not submit any information to us. You must be 18 years of age or older to purchase any products from our Site and Service.
- International Transfer
Last Modified: September 29, 2020