WEBSITE TERMS OF USE
These Website Terms of Use (these “Terms of Use”) govern access to and use of the websites, web pages, portals, mobile experiences, applications, LMS interfaces, content, and online services operated by SureFire CPR LLC, a California limited liability company (“Company”) and made available under surefirecpr.com (collectively, the “Site”). By accessing or using the Site, creating an account, purchasing services, or clicking to accept these Terms of Use, the user (“User”) agrees to be bound by these Terms of Use.
1. Eligibility and Account Security
User represents that User is legally capable of entering into a binding agreement and, if using the Site on behalf of an entity, has authority to bind that entity. User shall maintain accurate account information, keep credentials confidential, and promptly notify Company of any unauthorized access or suspected security incident affecting User’s account.
2. Permitted Use
Subject to these Terms of Use, Company grants User a limited, revocable, nonexclusive, nontransferable right to access and use the Site for lawful, personal, internal, and authorized business purposes connected with Company’s services. No ownership rights are transferred to User.
3. Prohibited Conduct
User shall not: copy, modify, distribute, sell, sublicense, or exploit the Site or content except as expressly permitted; reverse engineer or attempt to discover source code; circumvent security; use bots, crawlers, scrapers, or automated means without Company’s written consent; transmit malware; interfere with performance; access non-public areas; impersonate another person; violate law; or use the Site in a manner that could create liability or reputational harm for Company.
4. Orders and Service-Specific Terms
Certain purchases, enrollments, subscriptions, or services available through the Site may be governed by additional terms, including Training Terms, release agreements, refund policies, or order-specific forms. In the event of a conflict, the more specific service-specific terms control with respect to the applicable subject matter.
5. Intellectual Property
The Site and all associated software, text, graphics, audio, video, compilations, logos, trademarks, service marks, data, designs, and other content are owned by Company or its licensors and are protected by intellectual-property laws. Except for the limited rights expressly granted, User acquires no right, title, or interest in the Site or any content.
6. User Content and Feedback
If User submits comments, suggestions, reviews, ideas, or other content to Company, User grants Company a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, adapt, publish, translate, distribute, display, and otherwise exploit such submissions for any lawful purpose, subject to Company’s Privacy Policy and any separate written agreement. User represents that User has the rights necessary to grant this license.
7. Communications
By submitting contact information through the Services, including a phone number or email address, User consents to receive electronic communications from Company relating to User’s account, registrations, purchases, scheduling, access credentials, requested information, customer support, safety information, website use, and other service-related matters. User agrees that Company may provide such communications by email, text message, telephone call, website notification, or other reasonable electronic means.
If User separately opts in to receive promotional or marketing text messages or emails, those communications will be governed by the consent language presented at the point of collection, including applicable opt-out rights. User may revoke consent to promotional text messages or unsubscribe from promotional emails as described in the applicable communication or by contacting Company at support@surefirecpr.com. Nothing in these Terms limits Company’s ability to send transactional, operational, or service-related communications as permitted by law.
8. Privacy
Company’s collection, use, disclosure, retention, and processing of personal information is governed by Company’s Privacy Policy and California Notice at Collection, as updated from time to time. By using the Site, User acknowledges having had the opportunity to review those materials.
9. Third-Party Links and Services
The Site may contain links to third-party websites, software, services, or integrations. Company does not control and is not responsible for third-party content, terms, privacy practices, or availability. Inclusion of a link does not imply endorsement.
10. Third-Party Licensed Content
Certain materials, modules, videos, digital resources, forms, and instructional content made available through the Services may be licensed to Company by third parties. Company may not own or control the source content or have the ability to directly alter all such materials. Where Company cannot directly modify licensed materials, Company may provide accessibility and effective communication through alternative means, including supplemental materials, alternative formats, auxiliary aids or services, alternate communication methods, or other reasonable and effective measures as appropriate under the circumstances and to the extent required by applicable law.
11. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, SOFTWARE, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THE SITE WILL BE SECURE, ERROR-FREE, OR AVAILABLE AT ALL TIMES.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS OF USE SHALL NOT EXCEED THE GREATER OF THE AMOUNT PAID BY USER TO COMPANY THROUGH THE SITE IN THE TWELVE MONTHS PRECEDING THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100).
13. Indemnification
User shall indemnify, defend, and hold harmless Company from and against third-party claims, losses, liabilities, damages, and expenses, including reasonable attorneys’ fees, arising out of or related to User’s breach of these Terms of Use, misuse of the Site, infringement of another party’s rights, or violation of law.
14. Suspension and Termination
Company may suspend or terminate access to the Site at any time, with or without notice, for security, operational, legal, payment, or breach-related reasons. User may stop using the Site at any time. Termination does not affect accrued rights or obligations.
15. Dispute Resolution
Except for disputes that may be brought in small claims court on an individual basis, and except for claims for injunctive or equitable relief relating to unauthorized access, misuse of credentials, intellectual property, data security, or confidential information, any dispute, claim, or controversy arising out of or relating to this Agreement, the Training Activities, or any injury or incident allegedly connected to the Training Activities shall be resolved by binding individual arbitration and not in court. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. The arbitration shall be administered by JAMS or, if JAMS is unavailable, by another nationally recognized arbitration administrator under its consumer or streamlined rules then in effect, as modified by this Agreement. Unless otherwise required by applicable law or administrator rules, the arbitration may be conducted remotely by video, telephone, documents-only submission, or in Los Angeles county, at Company’s election. THERE SHALL BE NO CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTIONS OR ARBITRATIONS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S INDIVIDUAL CLAIM. If any portion of this class-action or representative-action waiver is found unenforceable, that portion shall be severed, and the remaining arbitration provision shall be enforced to the fullest extent permitted by law.
16. 30-Day Right to Opt Out of Arbitration.
You may opt out of the arbitration agreement set forth in this Section by sending Company a written notice of your decision to opt out within thirty (30) days after the earlier of: (a) the date you first accept these Terms; (b) the date you first register for, purchase, schedule, access, or participate in any Training; or (c) the date you first use any portion of the Services. Your opt-out notice must be personally signed by you and must include your full legal name, physical address, email address, telephone number, and a clear statement that you are opting out of the arbitration agreement. The opt-out notice must be sent only by U.S. mail to 1835 W Orangewood Ave, Ste #105, Orange, CA 92868, Attn: Legal Department, and must be postmarked within the 30-day period. No opt-out notice submitted by any other method, including email, text message, phone, chat, support ticket, or on your behalf by any other person, will be effective. Your decision to opt out will apply only to the arbitration agreement in this Section and will not affect the enforceability of any other provision of these Terms, including the class action waiver, jury trial waiver to the fullest extent permitted by law, forum-selection provisions applicable to non-arbitrable disputes, or any limitation of liability, release, or waiver provisions. If you do not timely and validly opt out in strict compliance with this Section, then you and Company shall be bound to arbitrate all Covered Disputes in accordance with these Terms. Any opt-out notice applies only to the individual identified in the notice and only if submitted separately and individually. No person may opt out on behalf of any other person. An opt-out notice that is incomplete, illegible, unsigned, sent by any method other than U.S. mail, or not timely postmarked shall be null and void. Company’s failure to send any confirmation of receipt shall not invalidate an otherwise effective opt-out notice, but the burden of proving a valid and timely opt-out shall remain with the person asserting it.
17. Governing Law
These Terms of Use shall be governed by the Federal Arbitration Act and, to the extent state law applies and is not preempted, the laws of the State of California, without regard to conflict-of-law rules, except to the extent nonwaivable consumer-protection law requires otherwise.
18. Changes to Terms of Use
Company may revise these Terms of Use from time to time. Revised Terms of Use shall become effective as of the posted effective date. Continued use of the Site after the effective date constitutes acceptance of the revised Terms of Use, except where additional notice or affirmative consent is required by law.
19. General
These Terms of Use constitute the entire agreement between User and Company regarding the Site, except for any applicable service-specific terms. If any provision is unenforceable, the remaining provisions shall remain in effect. Section headings are for convenience only. These Terms of Use may not be assigned by User without Company’s prior written consent.