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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
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20.
MODIFICATIONS OF THE TERMS OF SERVICE
You agree that
Know CPR may modify the Terms of Service as necessary to comply with
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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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