This Agreement (“Agreement”) is between Safe Now, LLC (“Safe Now”), the owner and operator of www.safenowcpr.com, www.safenowacls.com, www.safenowbls.com, www.safenowpals.com, and www.safenowfirstaid.com (collectively, the “Sites”) and the provider of the Services sold on those Sites (collectively, “Services”) and you (“you” or “your” or “user(s)”), a user of the Sites and Services. This Agreement governs your use of our Sites and Services.
By using or accessing our Sites and using any of our Services, you acknowledge and agree to these terms and conditions and agree to be bound by this Agreement. We may amend our terms and conditions from time to time. If you do not agree to these terms and conditions please stop using our Sites and Services immediately. Users of our Services must be 13 years or older. If you are under the age of 18 please have a parent or guarding supervise you while using our Sites or any of our Services.
You should not solely rely on any content or training material found or purchased on our Sites, 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. Emergency response procedures, including, but not limited to, CPR, ACLS, PALS, BLS, and First Aide should be performed as set forth in the Safe Now training materials that are part of the Services. Safe Now does not offer or purport to offer legal advice. Any legal questions should be referred to an attorney. Safe Now does note the following general principles, which may or may not apply in any particular jurisdiction.
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 to any person.
The actual certificate as printed may vary from the image displayed on the Sites. The sole purpose of the certificate is to verify that to the best of Safe Now’s knowledge, the purchaser has successfully completed our online course and training. The certificate does not represent, warrant, or guaranty that the purchaser is properly prepared or equipped to perform any emergency response procedures.
Safe Now’s role is to provide education to the user using generally accepted training guidelines. Safe Now 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.
Safe Now provides online training for emergency response procedures.
You may visit our Sites without registering. However, you will need to sign up for an account to use any of our Services. When creating an account we will collect your name, email address, physical 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 that will be collected, processed and stored by Stripe.
We may suspend or revoke your user account or access to our Sites if you fail to abide by these rules or at our discretion. If we decide to revoke your user account or access because of a violation of these rules you will not be entitled to a refund of any fees that you paid to us related to the Sites and Services.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Services without our prior written consent. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing any content found on Safe Now including our layout, arrangements and our teaching system. Any unauthorized copying by you 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 of the Agreement 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.
You will own any content submitted by you to the Sites. However, you agree to grant Safe Now and its members, managers, 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 Safe Now, the Sites, 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 Safe Now. The foregoing license granted by you terminates once you remove your content from our Sites.
Safe Now 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 Sites and Services, and you must be 18 years of age or older to purchase any Services from our Sites.
Our Sites and Services are provided “as-is”. We may, at our discretion and without notice to you, change, modify, interrupt, or terminate our Sites and Services. You agree that our Services 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 Sites or Services, including, but not limited to, its correctness, completeness, accuracy, or reliability.
Once you have registered on our Sites and rendered payment to us, you will have access to our training materials. We grant you a revocable, non-exclusive license to access our Sites and to use any of our Services. This license grant is subject to compliance with our Terms of Service. Using our paid Services does not grant you an ownership interest in any of our Services – you merely receive the same license listed above to use our paid Services. We may terminate your ability to access our Sites and Services if you breach this Agreement or at our discretion. We also reserve the right to terminate your access to Safe Now and the Sites at any time without explanation. If you breach this Agreement, you will not receive any refunds of monies paid to the Company related to the Services. Any failure by us to terminate your access does not act as a waiver of your conduct.
You agree not to distribute any content found on our Sites and/or Services without our prior written authorization, unless such distribution is through functionality offered by our Services. You agree not to access content through any technology or means other than through our Sites or Services or otherwise authorized by us.
After visiting our Sites you may be interested in subscribing to our Services. You will be required to submit payment information to do so. To process our payments we will use Stripe. 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 Safe Now we want to you to be satisfied with your use of our paid Services. Therefore, if you are unsatisfied with our Services or did not find our training helpful we will gladly refund any money you have paid. In order to obtain a refund you must 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. In addition to the refund policies set forth above, Safe Now will provide you a refund of any monies paid for the Services if your employer does not deem the Safe Now emergency response certification acceptable.
We may at our sole discretion offer discounts or promotional codes related to the sale of the Services. Please be aware that any such discounts may be subject to additional terms and conditions.
We may terminate or suspend our Services or your account or any other provision of Services to you at our discretion without explanation and notice, though we strive to provide a timely explanation in most cases. If you wish to terminate this Agreement or your Safe Now account, you are solely responsible for properly canceling your account. Please contact us at firstname.lastname@example.org to do so. Cancellation may result in the immediate deletion of your account with us. 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, will 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 we may not charge you taxes 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.
YOU AGREE THAT ONLY YOU ARE LIABLE FOR ANY CLAIMS, INJURIES, OR HARM CAUSED TO THIRD PARTIES AFTER USING OUR SITES AND SERVICES. IN NO EVENT WILL SAFE NOW, ITS MEMBERS, MANAGERS, EMPLOYEES, OFFICERS, DIRECTORS, 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 KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES OR SITES OR RESULTING FROM ANY ENCOUNTERS WITH THIRD PARTIES AFTER USING OUR SERVICES OR SITES, (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 OR SITES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES OR SITES 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 THROUH THE SERVICES OR SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAFE NOW IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL 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 YOU AGREE THAT YOUR DAMAGES ARE LIMITED TO THE ACTUAL AMOUNT YOU HAVE PAID TO US FOR ANY SERVICES PURCHASED THROUGH THE SITES AND THAT YOU ARE NOT ENTITLED TO PUNITIVE DAMAGES ARISING OUT OF ANY BREACH OF CONTACT CLAIM AGAINST SAFE NOW.
IN THE EVENT OF ANY PROBLEM WITH THE SITES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS THROUGH THIS AGREEMENT. SAFE NOW 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 SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO, TORT CLAIMS OR ANY OTHER NON-CONTRACT CLAIM.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, 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 Safe Now’s negligence or that of its members, managers, officers, directors, 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 WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU ALSO WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THIS RELEASE. YOUR ABILITY TO USE OUR SERVICES AND PRODUCTS IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.
OUR SITES, SERVICES 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 AND SERVICES. OUR SITES OR SERVICES 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 SERVICES OR THAT OUR SERVICES ARE NON-INFRINGING.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES OR SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE SITES OR SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE SITES OR SERVICES WILL BE CORRECTED, OR THAT THE SITES OR SERVICES IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.
FURTHERMORE, SAFE NOW 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 SITES. SUCH MATERIAL OR CONTENT MAY be UNRELIABLE OR INACCURATE. SAFE NOW 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 SITES OR PURCHASED THROUGH OUR SERVICES, including, but not limited to, its correctness, completeness, accuracy, or reliability.
You agree to defend, indemnify and hold harmless Safe Now, its members, managers, officers, directors, employees, creditors, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, ad/or expenses (including but not limited to attorneys’ fees and costs) arising from:
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, expenses 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.
You will not be required to submit any information when visiting our Sites. However, in order to use some parts of our Sites and Services 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 Stripe.
Whenever you visit our Sites, we may collect non-identifying information from you, such as your IP address, interactions with the Sites and Services, location, referring URL, browser, operating system, cookie information, usage, data transferred and Internet Services Provider. Without a subpoena, voluntary compliance on the part of your Internet Services Provider, or additional records from a third party such as your wireless provider, this information alone cannot usually be used to identify you.
We will never sell or transfer your information to third parties without your consent. You agree that we may use your information:
Additionally, we may give your information to law enforcement if we are compelled to by a court order, if there has been a violation of any US laws, EU laws, or if a violation of this Agreement has occurred.
After creating an account you may be able to edit information submitted through our Sites or Services. Simply access your account through the Sites 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 email@example.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.
Although you are entering into an Agreement with Safe Now to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.
Throughout the course of our provision of our Services to you, we may delegate our authority to collect, access, use, and disseminate your information. It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Agreement. For this reason, you agree that for every authorization that you grant to us in this Agreement, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our Sites or its underlying files or systems.
You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you. The following is a non-exhaustive list of other entities that we may store, share, or transfer your information with:
You agree that we may disclose your information to authorities if compelled to by a court order. Additionally, you agree that we may disclose your information if we reasonably believe that you have violated a US law or the terms of this Agreement or if we believe that a third party is at risk of bodily harm or death.
In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, such as instances where we believe your publications violate any law of the United States or any other country having jurisdiction over us, our Sites, or Services.
You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under the conditions listed in this section of the Agreement whether it is to individuals or entities and to any state or federal authorities within the United States, or elsewhere.
By providing your contact information to the Sites, which forms our basis of communication with you, you waive all rights to file complaints concerning unsolicited emails from us because you have agreed to such communication. You may unsubscribe from certain communications by notifying Safe Now that you no longer wish to receive these solicitations. We will endeavor to remove you from our database where you have the right to request this under this Agreement or applicable law. If you wish to opt out of certain communications, please contact us at firstname.lastname@example.org.
Safe Now may post links to third party websites on our Sites, which may include information that we have no control over. When accessing a third party website through our Sites or Services, 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.
Please be aware that these policies do not create rights enforceable by third parties. Safe Now bears no responsibility for the information collected or used by any advertiser or third party websites. You must review their terms of services to understand how their information collection practices work.
We take reasonable attempts to protect your information. However, because 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.
Safe Now permits residents of the State of California to use its Services, and complies with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Agreement address requirements of the Californian privacy statutes. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at email@example.com with any questions.
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 Sites or Services, 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 Sites and Services.
Your information may be transferred to – and maintained on – computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. We may transfer personal information to the United States or elsewhere and process it there. If your consent to this Agreement is followed by your submission of such information represents your agreement to that transfer.
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, Safe Now will 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 Sites and Services. It is solely your responsibility to review any changes to this Agreement as they are made from time to time.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Safe Now must be addressed to our agent for notice and sent via certified mail to: Agent of Safe Now, P.O. Box 26928, Scottsdale, Arizona 85255.
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.
The laws of Arizona govern this Agreement and it will be interpreted, enforced and governed by Arizona law. The offer and acceptance of this contract is deemed to have occurred in Arizona.
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, expenses, 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, expenses and disbursements.
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