Terms of Use of Scheduling-Online Services

IMPORTANT – READ CAREFULLY: YOUR USE OF SCHEDULING-ONLINE SERVICES IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS.

 

INTRODUCTION

IMPORTANT – READ CAREFULLY: BY ENTERING YOUR EMAIL IN THE "ACCEPTANCE FIELD" ON THE REGISTRATION FORM OR BY UTILIZING SCHEDULING-ONLINE SERVICES (“SERVICES”) YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. This is a legal agreement (“Agreement,” and also referred to as the “Terms of Use”) between You and Know CPR LLC, doing business as "Know CPR," that offers Scheduling-Online as one of its services, for use of the Services which You selected or initiated, which may include online scheduling and notification and other services available from time to time (collectively, the “Services”). “You” refers to either (a) the individual or entity that registered and/or provided Know CPR his or her credit card or other payment mechanism for the Services or, (b) if the Services are being purchased on behalf of an entity by an individual authorized to purchase the Services on behalf of such entity, the “You” or, alternatively, “Subscribing Organization” refers to such entity.  If You do not agree with the terms of this Agreement, click the “CANCEL” button and do not use any service supported by the Services or make any other use of the Services.

Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  All such software is solely owned by Know CPR LLC or its suppliers.

1. DESCRIPTION OF SERVICES; STATEMENT OF INTENDED USE

The Services include a web-based scheduling application that includes, but is not limited to, and which can be modified at any time without prior notification by Know CPR, the following features: a group calendar, an online “availability checker” that lets users of a designated website check the availability of a designated service, resource, or facility and request an appointment through an electronic appointment request form, and optionally, notification by email and text message of appointment requests or of newly created, modified, or deleted events posted to your online schedule.  

Know CPR does not charge additional fees for transmitting notices via email and text message.  However, the recipient of the email or text message may be charged fees by their wireless carrier(s) to receive the email, text message or short message, depending on their plan.  Coverage and speed of notification could vary depending on such factors as Internet, network facilities, service providers, and other factors beyond the control of Know CPR.  Know CPR is not liable for any delayed or failed notices to and from the users of its online services.

Know CPR routinely backs up all data posted to the online schedule once every 24 hours.  Previously backed up data will be replaced by the most current version (i.e. each backup overwrites previous versions). Know CPR is not responsible for restoring any “lost data,” but will work with the user to recover data whenever possible, for a per instance fee of $100.  Know CPR encourages its users to download and back up their data routinely. As part of the Scheduling-Online services, for no additional fee, users can download information posted onto their calendar to their computer.

The Scheduling-Online service allows you to control who has access to view and modify your online schedule by letting you assign usernames and passwords to individuals. Those users to whom you have provided usernames and passwords allowing access to your control panel are designated as “Members.”  You can designate some or all of the members as administrators. Administrators are members with access to functional areas in your control panel that affect how it operates. You are solely responsible for the security of your web-based calendar, user names, and passwords. You are by default set as an Administrator.

2. REGISTRATION; BILLING INFORMATION; SITE ADMINISTRATOR

To establish a Scheduling-Online hosted service, you must complete the registration process, and provide accurate and complete customer, contact , and billing information, as requested in the registration form, and promptly update this information so that it is always accurate and complete. All notices from Know CPR will be sent to you at the e-mail address(es) appearing in the “My Details” section of your Scheduling-Online “Control Panel.”  Know CPR will determine the timing, nature, and content of all communications with Administrators, Billing Contacts and Members.

3. REGISTRATION CODE; PASSWORD; SECURITY

Upon registration, the Subscribing Organization will select a username for accessing the Control Panel – where you will update and maintain your private information and scheduling information. This password can later be changed in your control panel.

You, as a company representative, will create your own username and password that will enable you to access the Service and manage your schedules and notices. As the initial user of the Service, your username and password will entitle you to special managerial permissions. Upon successful account creation, or anytime thereafter, you may assign a username, password, and permissions to your employees so they may access their schedule(s) via the World Wide Web (Internet) and perform scheduling functions. You are fully responsible for all actions of employees with email/usernames and passwords and are responsible for the confidentiality and use of usernames and passwords.  You will indemnify and hold Know CPR LLC for all use of the Service and the Site Information, including unauthorized use of the Service or Site Information.

The Subscribing Organization will notify Know CPR immediately of any known or suspected unauthorized use, activities or disclosure of the Site or any information, or any other breach of security.  Know CPR will not be liable for any failure by the Subscribing Organization or its Members to comply with this Section 3 or any other provision of these Terms. In the event that a dispute arises over the rightful control of any Site, Know CPR will have no obligation to any party to continue to grant access to the Site except under an order from a court of competent jurisdiction.

4. TERMINATION

Know CPR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at reasonable notice to you. You agree that Know CPR shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. Know CPR may specify from time to time the version(s) of related products required in order to use the Service (e.g. supported browsers and versions). Know CPR, in its sole discretion, may terminate, cancel, suspend, limit, discontinue, and/or deactivate (temporarily or permanently) all or any part of the Services, registration code, any password, Site Name, registration, any part or all of the Site, and/or the Subscribing Organization's and/or its Members' access to and use of any part or all of their personally identifiable information (collectively, "Personal Information"), Registration Information, Site Information, the Services and/or the Site, and/or their rights under these Terms (all of the foregoing rights and actions to "Terminate" or a "Termination"), all at any time, including without limitation if (a) Know CPR believes that the Subscribing Organization or a Member has violated or is threatening to violate these Terms or other policy of Know CPR, its Third Party Providers or applicable law, has misused or is threatening to misuse the Services, or has conducted or is threatening to conduct any fraudulent, abusive, or illegal activity, (b) Know CPR believes that the Subscribing Organization or any of its Members has accessed or is attempting to access any part of the Services or Content without authorization, or the Site, or Registration, Site or Personal Information of any other Subscribing Organization, (c) the Subscribing Organization assigns its rights to the Site or the Site Name, (d) Know CPR discontinues the Services or any part thereof for any reason, (e) The subscribing Organization, its Members or Administrators, creates multiple "free trial" sites for the purpose of avoiding subscription fees, (f) the subscribing Organization or a Member makes excessive use of bandwidth, or transmits excessive numbers of e-mails, notices or other transmissions inconsistent with the number of members registered and using the Service in the sole discretion of Know CPR. Know CPR reserves the right to investigate the validity of any complaint presented to it which alleges that any site has been used to conduct fraudulent, abusive or illegal activity, or has been used in any way which violates these Terms. Such investigations may include logging on to the site and/or reviewing any data or information contained therein. Know CPR will not, however, provide any such information to any third party unless required by law or court order.

Termination may be made with or without notice and will be effective immediately. In the event of Termination, Know CPR may remove and/or permanently delete from its servers all of the Subscribing Organization's and its Members' Site Information, Registration Information and Personal Information and all backup copies. Know CPR may (but will not be required to) remove from its servers and/or permanently delete all such Information and/or all backup copies thereof, without further notice and without any liability of Know CPR to the Subscribing Organization, its Members or any third party. Notwithstanding anything in these Terms to the contrary, if Know CPR reasonably believes that the Subscribing Organization or any of its Members has violated or is threatening to violate applicable law or the provisions of Section 4(b) or has conducted or is threatening to conduct any fraudulent, abusive, or illegal activity, Know CPR may, without any notice, refer the Subscribing Organization and/or its Members to appropriate law enforcement agencies, and/or immediately remove and/or permanently delete the Site Information, Registration Information and/or Personal Information as otherwise provided herein. If a Subscribing Organization or its Members are the subject of a Termination, they may not re-register for or continue to use the Services in any manner or for any reason. If the Subscribing Organization wishes to terminate its Site and use of the Services, it must notify Know CPR by sending an email via our contact page at http://scheduling-online.com/contact.asp. For information on this procedure, see our Privacy Statement at http://www. Scheduling-Online.com/privacy.htm.

5. ACCESS TO SERVICES; SUPPORT; THIRD PARTY PROVIDERS; RIGHTS

To use the Services, the Subscribing Organization and its Members must obtain and pay any fees for access to the World Wide Web and provide all equipment necessary to make such connection, including a computer and modem or other access device. The Subscribing Organization and its Members may access the Services and the Site only by means of the interface provided by Know CPR. Although the Services and Site are generally accessible worldwide, access may not be available to all persons or in all locations. Know CPR reserves the right to limit access to the Site or the Services by any Subscribing Organization, Member, or person, or from any location. The Services contain links to other World Wide Web sites of Know CPR partners, affiliates, and providers of content or services to Know CPR in delivering the Services or to its Subscribing Organizations as part of the Services (collectively, "Third Party Providers") and to other resources and sites (all such sites collectively, "Linked Sites"). Such links are provided for the convenience of the Subscribing Organization and its Members only, and are not reviewed, monitored or controlled by Know CPR. Know CPR does not endorse, is not responsible for and makes no representation or warranty concerning the reliability or availability of these Linked Sites or the accuracy, reliability, completeness or authenticity of their contents, advertising or products, and is not responsible for web casting or any transmission received from any Linked Site. Use of Linked Sites is subject to the privacy policies, terms of service and other conditions applicable to such Sites. All linking to Linked Sites is at the sole risk of the Subscribing Organization and its Members. Any concerns regarding any Linked Site or its content, products or services should be directed to the administrator or webmaster of such Linked Site.

6. FEES

All fees are payable in US dollars unless invoiced or charged by Know CPR in another currency, in which case the fees must be paid in the currency invoiced. All transmission fees, currency translation fees, wire and bank fees chargeable by or deducted from remittances by any bank, including the transmitting, intermediary or recipient bank are the responsibility of the remitting party (Subscribing Organization). Merchant fees charged by Credit Card Companies and by PayPal assessed to Know CPR, will be absorbed by Know CPR and are expressly not the responsibility of the remitting party (Subscribing Organization).

The Services are provided on a subscription basis. Such subscription charges entitle the Subscribing Organization and its Members to use the Services without any banner advertising or sponsorship advertising within the product. Third party opt-in email or text message or short message services, HTML email that may have sponsors or ads within it, and free subscription offers are not considered advertising or sponsorship advertising for purposes of subscription charges. Subscribing Organizations and its Members agree that should subscription charges not be paid in a timely manner, Know CPR may, in its sole discretion, discontinue service and may remove and/or permanently delete from its servers all of the Subscribing Organization's and its Members' Site Information, Registration Information and Personal Information and all backup copies. Know CPR may (but will not be required to) remove from its servers and/or permanently delete all such Information and/or all backup copies thereof, without further notice and without any liability of Scheduling-Online to the Subscribing Organization,  Subscribing Organizations and its Members further agree that should payment for the Services be made to a third party in connection with its offering of our service, and said third party fails to make payments to Know CPR, Know CPR may, in its sole discretion, discontinue service until such time as the payments are brought current.

The Monthly Subscription Fees are charged in accordance with Know CPR's published prices, that may be changed from time to time.  Subscription Fees will be posted clearly on Know CPR's Scheduling-Online web site (www.Scheduling-Online.com), or on one of its sub-pages.

It is the Subscribing Organization's responsibility to ensure that the billing contact information is complete and accurate at all times. Only a Site Administrator or the designated billing contact person may cancel a site subscription. Cancellation may be made at any time by any Site Administrator or Billing Contact person through an e-mail instruction from either a Site Administrator e-mail account or a Billing Contact person's e-mail account as contained on the Site. Cancellation requests must sent via our contact page at http://scheduling-online.com/contact.asp.  Any cancellation will take effect, for billing purposes, as of the last day of the calendar month in which the cancellation request is received by Know CPR. Upon receipt of a valid cancellation request, Know CPR may deactivate the service and access to all Scheduling –Online calendars and control panels at any time. Unless and until a cancellation request is received by Know CPR, the Subscriber agrees that Know CPR may automatically invoice or charge the credit card on file for the full amount of each succeeding month’s subscription, or in the case of an annual or multi-month subscription, for each succeeding period.

7. THIRD PARTY (PARTNER) SITES

Subscribing Organizations may register for the Scheduling-Online Services through a Partner who may be a reseller of the Services on behalf of Know CPR. In such cases, the Subscribing Organization hereby agrees that Know CPR may provide membership, billing and other necessary contact information, including, but not limited to "personally identifiable member information" to the Partner notwithstanding anything contained in these Terms of Use or the Scheduling-Online Privacy Policy.

8. STORAGE/FILE DOWNLOAD/BANDWIDTH LIMITATIONS

Storage space for the Subscribing Organization is currently provided in accordance with the Scheduling-Online price list in effect from time to time, and it may be impossible to store some data or information at the Site due to space constraints. The Subscribing Organization agrees that Know CPR is not responsible or liable for any insufficient storage capacity or the deletion or failure to store data or information. Know CPR reserves the right to limit the file download and/or bandwidth capacity of any or all sites in its sole discretion if it deems such limitation to be in the best interests of the operating performance across all sites. In addition, Know CPR reserves the right to limit the number of e-mails or text messages transmitted from its servers for any individual site or group of related sites on a daily basis in its sole discretion.

9. PRIVACY

Know CPR respects the privacy of its Subscribing Organizations and Members. Please read our Privacy Statement at http://www. Scheduling-Online.com/privacy.htm, which forms part of these Terms.

 

10. SUBSCRIBING ORGANIZATION'S AND MEMBERS' RESPONSIBILITIES; MATURE AUDIENCE SITE DESIGNATION

All Site Information, Registration Information, Personal Information and other information stored, publicly posted or privately transmitted through the Services by the Subscribing Organization or its Members, the confidentiality and privacy of all of the same and of the Site, and all uses of the Services and the Site by the Subscribing Organization and its Members are their sole responsibility. Without limitation, the Subscribing Organization and its Site Administrator(s) are responsible for monitoring the contents, use of and access to the Site and all such Information, and use of and access thereto by Members who are minors. Without limitation, the Subscribing Organization agrees that it and its Members will use the Services and the Site only in accordance with these Terms, and will not use them to:

a. upload, store, post, link to, email or otherwise transmit, distribute, publish or disseminate any Site Information, Content or other information (i) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, objectionable or libelous, or promotes such activity; (ii) that (or the transmission, distribution, publication or dissemination of which) infringes any patent, trademark, trade secret, copyright, or other rights or proprietary rights of any party, violates any contractual or fiduciary relationships (such as inside, proprietary or confidential information); (iii) that is harmful to minors; or (iv) that contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or circumvent any "copy-protect" devices, any other harmful or disruptive program, or any warez, cracks, hacks, associated utilities or other piracy related information;

b. provide inaccurate, incomplete, outdated or misleading Registration Information or e-mail addresses, create a false identity or manipulate identifiers to mislead or to disguise the origin of any information stored on the Site or transmitted through the Services, or impersonate or otherwise misrepresent any affiliation with any person or entity;

c. modify, use, download, publish, upload, post, transmit, transfer, sell, reproduce, create new or derivative works from, license, distribute, perform, display, broadcast, exploit or otherwise copy any portion of the Services, Site Name, or any Content, or any products or other services (including software) obtained therefrom, or permit access to the same by any unauthorized person or entity;

d. interfere with or disrupt any links or click-through URLs provided through the Services, or servers or networks connected to the Services, or violate the regulations, policies or procedures of such servers or networks, or interfere with another Subscribing Organization's or Member's use and enjoyment of the Services;

e. attempt to gain unauthorized access to the Services, Content, other Sites, Registration Information, Site Information or Personal Information, or other computer systems, servers or networks connected to the Services; or

f. violate (intentionally or unintentionally ) any applicable local, state, national or international law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any securities exchange of any jurisdiction, laws regarding the transmission through the Services of technical data or software exported from the United States and/or the country(ies) in which the Subscribing Organizations and/or its Members reside, and laws and regulations regarding online conduct and acceptable content of the Subscribing Organization's and its Members' transmissions, Site and Site Information.

11. ANTI-SPAM POLICY

Know CPR does not condone or allow spam. The Subscribing Organization and its Members may not use the Services, Content, the Know CPR or Scheduling-Online names or servers, the Site Information or the Sites to email or otherwise transmit, distribute, publish or disseminate any unsolicited advertising, survey, promotional materials, "junk email," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or duplicative or unsolicited messages (commercial or otherwise) with respect to the Sites, Site Information or any other business, product or service, and may not use the Site Name as the return address on any unsolicited communication. Without limitation, Subscribing Organizations and Members may not use the notifications features of the Services to send e-mail, text message or short message communications to members or nonmembers unless the recipient has a reasonable basis for wanting to receive such communications.  We encourage Subscribing Organization and its Members to help us enforce this policy. To report a violation, contact us at http://scheduling-online.com/contact.asp. As provided in the Privacy Policy, http://www. Scheduling-Online /privacy, will cooperate with legal authorities in releasing information about Subscribing Organizations and Members who violate this Anti-Spam Policy.

12. BACKUP

Scheduling-Online backs up Site Information stored on the Site every 24 hours, and stores the same for a limited time. Subject to the limitations set forth within these Terms, upon the Subscribing Organization's request and payment of the then-current fee, we will make reasonable efforts, but not obligated, to restore Site Information. Scheduling-Online will have no liability for any failure to back up or restore such Site Information, or for interruptions, delay or suspension of access to or unavailability of Site, Registration or Personal Information, or any loss of such Information, data or transmissions.  Scheduling-Online encourages its users to download and backup their information regularly.

13. WARRANTY INFORMATION AND DISCLAIMERS

WARRANTY DISCLAIMER. YOU UNDERSTAND AND AGREE THAT THE SERVICES, AND ANY ASSOCIATED SOFTWARE, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SCHEDULING-ONLINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KNOW CPR MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, THE SITE, OR THAT THE SERVICES WILL MEET ANY SUBSCRIBING ORGANIZATION OR MEMBER REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES AND THE SITE ARE AT THE SUBSCRIBING ORGANIZATION’S AND/OR MEMBER’S SOLE RISK. THE SUBSCRIBING ORGANIZATION AND ITS MEMBERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE SUBSCRIBING ORGANIZATION, THE MEMBER, THE SITE, AND ANY LINKED SITES RESULTING FROM THE USE OF SUCH SERVICES OR WEBSITE. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to either the Subscribing Organization or the Member. In that event, such warranties are limited to the minimum warranty scope and period allowed by applicable law.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KNOW CPR LLC, ITS SUPPLIERS OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES, OR ANY OTHER PECUNIARY LOSS) INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF, OR RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, THE SITE, OR ASSOCIATED SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF SCHEDULING-ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, KNOW CPR MAXIMUM CUMULATIVE LIABILITY AND THE SUBSCRIBING ORGANIZATION’S AND ITS MEMBERS’ EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE SUBSCRIBING ORGANIZATION FOR THE SUBSCRIPTION SERVICES (EXCLUDING ANY PER USE OR PROFESSIONAL SERVICE FEES) IN THE PREVIOUS 6 MONTHS EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. Because some states and jurisdictions do not allow limitation of liability in certain instances, portions of the above limitation may not apply to either the Subscribing Organization or its Members.

15. PROPRIETARY RIGHTS

The Services, this Website, and all Content, and all trademarks, including but not limited to all material distributed or presented to the Subscribing Organization or its Members through the Services by Know CPR or its Third Party Providers or on the Linked Sites, and all rights and intellectual property rights therein, are the sole property of Know CPR, or its Third Party Providers, and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Any comments, suggestions or ideas or other information submitted to Know CPR through this Website, in writing, by e-mail or otherwise to Know CPR will be the property of Know CPR and Know CPR will have all rights therein without any obligation to compensate the Subscribing Organization or its Members. All Site Information will remain the sole property of the Subscribing Organization, its Members or any party with rights therein. Any rights not expressly granted herein are reserved.

All materials published by Know CPR and its Third Party Providers, including but not limited to text, graphics, names, logos, service marks and trademarks, and information contained on any Linked Sites (collectively, the "Content") are the property of or controlled by Know CPR or the party credited as the provider of the Content.

The Subscribing Organization and its Members will respect all proprietary rights of Scheduling-Online and its Third Party Providers in and to the Content, Site Name, Services, and Site, any products or other services obtained therefrom.

16. MISCELLANEOUS

a. Assignment. Neither party may assign or delegate their respective obligations under this Agreement either in whole or in part, without the prior written consent of the other party. Notwithstanding the foregoing, either party may assign their rights and obligations under this Agreement as the result of a merger, consolidation, acquisition or the sale of all or substantially all of the assets of the assigning party and Know CPR may assign its rights and delegate its obligations in whole or in part to an affiliate, provided that either party may terminate this agreement upon 10 days notice, if the assignee can be reasonably considered a competitor of the non-assigning party.

b. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Virginia, as such laws are applied to contracts between Virginia residents wholly performed within Virginia.  Any actions relating to this Agreement shall be brought in Alexandria, Virginia.  

c. Interpretation and Conflicting Terms. This Agreement will be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Know CPR shall not be bound by terms additional to or different from those in this Agreement that appear in Your acknowledgements, purchase orders, quotations, prior understandings, or in any other communications between the parties, unless such terms are expressly agreed to by amendment to this Agreement, and are executed by both You and Know CPR.

d. Force Majeure. Except for Your obligation to pay for the Services rendered, neither party will be responsible for failure of performance due to causes beyond its control. Such causes include (without limitation) accidents, acts of God, labor disputes, actions of any government agency, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion thereof, or any service provider used by Know CPR.

e. Waivers. The waiver of any one breach, default or right granted under this Agreement will not constitute the waiver of any subsequent breach, default or right granted. Any provision of this Agreement held to be illegal or unenforceable will be deemed amended to conform to applicable laws or regulations, or if it cannot be so amended without materially altering the intention of the parties, it will be stricken and the remainder of this Agreement will continue in full force and effect.

f. Use of the Services. You may use the Services only for sessions or meetings in which You are an active participant, and as permitted under the terms and conditions of this Agreement or other written agreements between You and Know CPR. You may not resell, distribute, use on a timeshare or service bureau basis, or otherwise directly generate income from the Services. You will not modify, make derivative works of, disassemble, decompile or reverse engineer the Site, Services or any component thereof.

g. U.S. Export Law. You acknowledge that the Services are subject to U.S. export control laws and regulations. You represent that you are not a citizen of an embargoed country or prohibited end user under applicable U.S. export and anti-terrorism laws, regulations and lists. You will not use, export or allow a third party to use or export the Services in any manner that would violate applicable law, including but not limited to applicable export control laws and regulations.

17. REPRESENTATIONS OF SUBSCRIBING ORGANIZATION

By registering and accepting these Terms, the initial Site Administrator on behalf of the Subscribing Organization and all its Members, and each Member on its individual behalf, hereby represents and warrants to Know CPR that: a. s/he is the duly authorized Site Administrator or Member of the Subscribing Organization and has the authority and legal capacity to register and accept these Terms on behalf of the Subscribing Organization and to bind the Subscribing Organization thereto, and/or to register and accept the same on his/her own behalf and to be bound thereby; b. all Members are at least 18 years of age, or are at least thirteen (13) years of age and have parental permission to establish a Site and/or use and access the Services; c. (i) the Subscribing Organization and its Members are eligible to establish a Site and to become Members, (ii) the Subscribing Organization and its Members accept and agree to be bound by these Terms, and the Subscribing Organization will take all steps necessary to ensure that its Members so accept and are bound by the same, without limitation or qualification, and (iii) the Subscribing Organization and Members will regularly review these Terms, and in the event of any change, the Subscribing Organization's or Member's failure to promptly discontinue use of the Services and Site as provided in Section 4 hereof will be deemed to indicate the agreement of the Subscribing Organization, on its own behalf and on behalf of its Members, and of its Members to accept and be bound by such changes.

18. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent via our contact page http://scheduling-online.com/contact.asp.

 19. COPYRIGHT AND TRADEMARK INFORMATION All trademarks, service marks and logos used on this Website are the property of their respective owners. All contents of this Website are the property of Know CPR, and/or its suppliers. Copyright © 2005 Know CPR All Rights Reserved.

20. MODIFICATIONS OF THE TERMS OF SERVICE

You agree that Know CPR may modify the Terms of Service as necessary to comply with any other agreements that Know CPR is currently bound by or will be bound by in the future, and/or with applicable law, as well as to adjust to changing business circumstances. Your continued use of any of Know CPR Scheduling-Online services shall constitute your acceptance of the Terms of Service with the new modifications. If you do not agree to any of such changes, you may terminate your account and cease all access and use of the Service. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to the Terms of Service

 
   

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