Terms of Use

Last Updated: November 22, 2024

Training Center 911 LLC dba CPR Instructor Academy^TM. (“CPR Instructor Circle^TM,” “we,” “us,” or “our” “Company”) is pleased to welcome you. We invite you to explore and use our websites, including but not limited to trainingcenter911.com, cprinstructoracademy.com, classbyte.com, and circle.cprinstructoracademy.com (collectively referred to as the “Websites”).

We provide access to these Websites to visitors (“Visitors”) and registered users (“Registered Users”), described in Section 1 and collectively referred to as “The Users”, subject to the following Terms of Use, which we may update periodically without prior notice. By browsing the public sections or accessing and using the Websites, you confirm that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference (together, this “Agreement”). If you do not agree to these terms, please refrain from using the Websites.

Any individual who registers with us (a “Registered User”) and intends to purchase a product or service from one of our Websites agrees to abide by this Agreement and the accompanying Terms and Conditions of Purchase governing the specific product or service. Should there be any inconsistency between this Agreement and the Terms and Conditions of Purchase, the latter shall prevail.

1. Description and Use of Our Services

We provide The Users with access to a variety of Services as outlined below, including information about CPR certification courses, training materials, articles, and other content related to CPR instruction. Access to certain features and Service may require a Visitor registering as a Registered User.

Visitors: Visitors are individuals who browse our Websites without registering an account. No login is required for Visitors. They can: (i) access all publicly available content on the Websites, and (ii) contact us via email.

Registered Users: Registered Users have access to all the features available to Visitors, plus additional benefits, including the ability to: (i) purchase products and services through our Websites; (ii) access exclusive content reserved for Registered Users; (iii) create, manage, and update their personal accounts on the Websites; (iv) contribute comments and other material to the Websites (referred to as “Registered User Content”); (v) enroll in our various programs; (vi) subscribe to alerts and notifications; and (vii) join the CPR Instructor Circle community.

Training Center 911 LLC and its brands reserve the right, at their sole discretion, to accept or decline any individual’s registration as a Registered User. Furthermore, Training Center 911 LLC retains the authority to deactivate any account at any time, including, but not limited to, cases where it determines that a Registered User has breached these Terms of Use or the Our Shared Promises section on the CPR Instructor Circle website (circle.cprinstructoracademy.com).

2. Registration and Account Security

To access certain features of our Services, you may be required to register as a Registered User and create an account.

You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your password and identification.
• Notify us immediately of any unauthorized use of your account or other breaches of security.
• Accept all responsibility for any activities that occur under your account.

3. Community Guidelines

By accessing or using the Websites, you agree to abide by these Community Guidelines and acknowledge that:

• You will adhere to all applicable laws while using the Websites and will not engage in any illegal activities.
• You will not upload, share, email, transmit, or otherwise make available content that:
  • Violates any copyrights, trademarks, publicity rights, or other proprietary rights of any individual or organization.
  • Is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of privacy, promotes violence, or constitutes hate speech (i.e., content that attacks or demeans individuals or groups based on race, ethnicity, religion, disability, gender, age, veteran status, sexual orientation, or gender identity).
  • Contains sensitive personal information about another person, such as their email address, postal address, phone number, credit card details, or similar data.
• You will not stalk, threaten, or harass anyone.
• You will not use the Websites for spamming or other commercial purposes.
• If posting content as a Registered User, you will stay on topic.
• You will not use the Websites to gather market research for a competing business.
• You will not impersonate another person or entity or misrepresent your affiliation with any individual or organization.
• You will not disrupt or attempt to disrupt the proper functioning of the Websites through malicious software, devices, or other methods. This includes hacking, data mining, or unauthorized attempts to access data, files, or passwords.
• You will not obscure, block, or interfere with advertisements or safety features (e.g., a report abuse button) on the Websites.
• You will not use automated tools like robots, spiders, or scrapers to access the Websites without prior written permission. However, we do allow public search engine operators to use spiders to create searchable indices of publicly available materials, provided these do not include caches or archives.
• You will not take actions that place an unreasonable or excessive burden on our technical infrastructure, as determined solely by us.
• You will report inappropriate content that violates these guidelines. If you come across such content, let us know, and we will review it.
• You will comply with Our CPR Instructor Circle’s online community guidelines as outlined in the Our Shared Promises section of circle.cprinstructoracademy.com

We reserve the right, at our sole discretion, to restrict or deny access to the Websites or specific portions thereof without notice. Additionally, we may remove any content that violates the Community Guidelines or Our Shared Promises.

4. Content Posted by The Users

Some of our Websites allow The Users to post and upload their own User Content. By submitting your User Content to the Websites, you explicitly acknowledge and agree that it will be visible to others and that there is no expectation of confidentiality or privacy regarding this content, including any personally identifiable information you may choose to share. You are fully responsible for User Content you upload, post, reference, email, or transmit on our Websites. Training Center 911 LLC shall not bear any responsibility for User Content on their Websites.

You retain ownership of all copyrights and intellectual property rights in your User Content. However, by submitting your content, you grant us, at our discretion, the right to use your User Content, your Sign-In Name, name, likeness, and photograph in our marketing and sales efforts to promote the Websites, products, or Services of Company. This may include displaying your content, name, likeness, or photograph alongside advertisements or other materials, potentially for profit.

By submitting User Content, you represent and warrant to Training Center 911 LLC that your content is your original creation (or that you have the necessary rights to provide it) and that you hold the rights required to grant the use described above. Furthermore, you confirm that your content and its use by the Company, as allowed by this Agreement, does not and will not infringe upon or misappropriate any intellectual property or moral rights, nor will it include libelous, defamatory, obscene material, or content that violates our Community Guidelines and Our Share Promises.

5. Intellectual Property

All content and materials available through our Services, including text, graphics, logos, and software, are the property of the Company or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from any content without our prior written consent.The Websites include various materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other content provided by or on behalf of Training Center 911 LLC dba CPR Instructor Academy (collectively referred to as the “Content”). This Content may be owned by us or by third parties and is protected under both U.S. and international laws. Unauthorized use of the Content may infringe on copyright, trademark, and other applicable laws.

Visitors are permitted to view all publicly available Content strictly for personal, non-commercial use. Registered Users who have purchased products or services may download and view the Content included in those purchases on their own devices, again for personal, non-commercial use. Beyond what is expressly stated in these two scenarios, you are not granted any additional rights to the Content (other than your own Training Center 911 LLC dba CPR Instructor Academy Registered User Content posted to the Websites). Any other use of the Content is prohibited without prior written consent from . We retain all rights, titles, and interests, including intellectual property rights, to the Content. You must preserve any copyright and proprietary notices present in the original Content. You are not permitted to sell, transfer, assign, license, sublicense, modify, reproduce, display, publicly perform, create derivative works of, distribute, or otherwise use the Content for any public or commercial purpose. Posting or using the Content on other websites, social media platforms, or networked computer environments is strictly forbidden.

If you breach any part of this Agreement, your access to and permission to use the Content and the Websites will immediately terminate, and you must destroy any copies of the Content you have made.

The trademarks, service marks, and logos displayed on the Websites (the “Training Center 911 LLC Trademarks”) are registered or unregistered trademarks or service marks owned by Training Center 911 LLC. Service marks appearing on the Websites may be owned by third parties (collectively referred to, along with Training Center 911 LLC Trademarks, as the “Trademarks”). No part of the Websites should be interpreted as granting, whether by implication, estoppel, or otherwise, any license or right to use the Trademarks without prior written authorization for each specific use. Linking to or from any site using the Trademarks is prohibited unless explicitly approved in writing by us in advance. All goodwill resulting from the use of the Training Center 911 LLC Trademarks benefits us exclusively.

The elements of the Websites are protected under trade dress, trademark, unfair competition, and other state and federal laws. These elements may not be copied or imitated, either in whole or in part, by any means, including but not limited to the use of framing or mirroring. The Content may not be retransmitted without our explicit written permission for each specific instance.

6. Fees and Payment

As part of your purchase on the Websites, you agree to pay all applicable fees and taxes to Training Center 911 LLC dba CPR Instructor Academy. We, or our authorized third-party payment processor, will charge the credit card, bank account, or other payment method you provided during registration for the full amount of fees and taxes. By making a purchase, you consent to this authorization. Payments from U.S. mailing addresses will be processed in U.S. dollars, while payments from outside the U.S. or its territories will be processed in your local currency.

You are responsible for ensuring that your billing and credit card information is accurate, complete, and up-to-date. This includes promptly updating your billing details (such as address, card number, and expiration date) and notifying us immediately if your credit card is lost, stolen, or if there is any potential security breach (e.g., unauthorized access to your account credentials). You authorize Training Center 911 LLC to obtain updated or replacement expiration dates for your credit card if it expires. We may also charge any renewal card issued to you as a replacement for an expired card. If your credit card issuer fails to process the payment, you agree to pay any outstanding amounts upon request. Additionally, you are responsible for all collection costs, including attorney fees and related expenses, on overdue balances. Please note that your credit card issuer may charge foreign transaction or related fees, which you will need to pay. We recommend checking with your bank or card provider for details.

7. Termination

We reserve the right to terminate or suspend your access to our Services, without notice, for conduct that we believe violates these Terms, Our Shared Promises, or is harmful to The Users or the Company.

8. Warranties & Limitation of Liability

THE WEBSITES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY GUARANTEES OF ANY KIND, INCLUDING ASSURANCES THAT THE WEBSITES WILL FUNCTION WITHOUT ERRORS OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS ARE NOT LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM DATA LOSS OR BUSINESS INTERRUPTIONS CAUSED BY YOUR INABILITY TO USE THE WEBSITES OR CONTENT, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FOR ANY DIRECT DAMAGES RESULTING FROM YOUR USE OF THE WEBSITES OR CONTENT, OUR LIABILITY WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID US FOR PURCHASES MADE IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE WEBSITES MAY INCLUDE TYPOGRAPHICAL ERRORS, TECHNICAL INACCURACIES, OR OMISSIONS. EXCEPT AS REQUIRED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY SUCH ERRORS OR INACCURACIES. ADDITIONALLY, THE WEBSITES MAY REFERENCE CERTAIN PRODUCTS OR SERVICES THAT MAY NOT BE AVAILABLE IN EVERY LOCATION. A MENTION OF A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT GUARANTEE ITS AVAILABILITY IN YOUR AREA. WE RESERVE THE RIGHT TO UPDATE, CORRECT, OR IMPROVE THE WEBSITES AT ANY TIME WITHOUT PRIOR NOTICE.

9. Representations, Warranties and Indemnification

(a) As The Users, you represent, warrant, and agree that:

• You own or have the appropriate licenses, rights, permissions, and consents to all trademarks, trade secrets, copyrights, or other proprietary, privacy, and publicity rights related to your User Content, as well as any other works you include in it. Additionally, you have all the rights necessary to grant the permissions outlined in this Agreement.
• The use of your User Content, as outlined in this Agreement, will not infringe upon or violate the intellectual property, privacy, publicity, contractual, or other rights of any third party.
• You will not submit any User Content to the Website that violates our Community Guidelines, Our Shared Promises, or any other provision of this Agreement.

(b) You agree to defend, indemnify, and hold harmless us, along with our officers, directors, employees, agents, successors, licensees, and assigns, from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands. This includes, but is not limited to, reasonable legal and accounting fees, arising from:

• Your breach of this Agreement.
• Your improper use of the Content or the Websites.
• Your violation of any third-party rights, including but not limited to copyright, trademark, property, publicity, or privacy rights.

We will notify you of any claim, lawsuit, or proceeding and provide assistance (at your expense) in defending against it. However, we reserve the right to take over the exclusive defense and control of any matter subject to indemnification under this section, at your expense. If this occurs, you agree to cooperate with any reasonable requests we make to assist in our defense of the matter.

10. Binding Arbitration

If a dispute arises under or relates to this Agreement, the Content, or the Websites (each referred to as a “Dispute”), either party may choose to resolve the dispute exclusively through binding arbitration governed by the Federal Arbitration Act (“FAA”). Once a party elects arbitration, this choice is final and binding on the other party. IF ARBITRATION IS SELECTED BY EITHER PARTY, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THE CLAIM IN COURT OR HAVE A JURY TRIAL, EXCEPT THAT EITHER PARTY MAY FILE THE CLAIM IN LOCAL SMALL CLAIMS COURT IF PERMITTED BY THE COURT’S RULES AND IF WITHIN ITS JURISDICTION. ARBITRATION DIFFERS FROM COURT PROCEEDINGS, AND RIGHTS RELATED TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. All disputes will be resolved by a neutral arbitrator jointly chosen by the parties, and the arbitrator’s decision will be final, subject to a limited right of appeal under the FAA. In addition, and without waiving any other remedies available under this Agreement, we may seek interim, equitable, provisional, or injunctive relief from any court with jurisdiction as necessary to safeguard our rights and property while arbitration is pending.

11. Miscellaneous

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Our failure not to act on or enforce any provision of this Agreement shall not be interpreted as a waiver of that provision or any other provision in this Agreement. Any waiver by us will only be valid if it is in writing, and such a waiver will not apply to any other or future instance. Unless explicitly agreed to in writing by both you and us, this Agreement represents the complete understanding between us regarding its subject matter and replaces all prior or concurrent agreements, whether written or oral, related to that subject matter. The section headings are included for convenience only and carry no legal significance. This Agreement will extend to and benefit our successors, assigns, licensees, and sublicensees.

Contact Us

If you have any questions about these Terms, please contact us at:

Training Center 911 LLC
1400 Tierra Verde Loop NW
Los Lunas NM 87031
terms[at]cprinstructoracademy.com (replace [at] with @)

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