Terms of Use

Background

The Web Site provides a venue for (1) the public to simplify their search for certified AED, CPR, First Aid, and other safety instructors; (2) providing training opportunities to certified, quality safety instructors. We only accept instructors from nationally recognized safety training organizations. Life Support Solutions or the Company is not a certifying organization.

Scope of Services

Life Support Solutions ("LSS") facilitates the search, contact, and scheduling of training courses between students and the instructors. LSS finds students for instructors. We actively advertises for and gathers student requests for training courses using the Web Site. We do not control the actual transactions between student(s) and instructor. Accordingly, we do not set or endorse: (i) the course price, contract terms, quality of the training performed; (ii) the availability of the training material, cards/certificates, or instructional manuals; (iii) the ability of the instructor to schedule the course; or (iv) the ability of the student(s) to schedule or complete the course successfully. Notwithstanding the previous sentence, LSS does screen and verify certification of all registered instructors and provide the student(s) an opportunity to complete a questionnaire in order review the instructor and the training they provided.

Referral Submissions

As a user, you are responsible for your own communications and are responsible for the consequences of your submission. You agree not to do the following things: post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of referral submissions posted. Instructors acknowledge that any reliance on material posted by other users will be at your own risk.

Instructor Information

When you register for the Web Site, you will be asked to provide the Company with certain information including, without limitation, certification type and training experience (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws.

You will be required to provide relevant information and documentation to attest to your training experience and certification. This information and your identity must be verifiable by the Company.

Registration and Password

Instructors are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of your registration or password.

Other User-submitted Information

The Company may offer public or non-public areas within this Web Site, message boards, or chat rooms. The Company acts as a passive conduit for these online user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms of Use, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication.

You grant the Company the loyalty-free, perpetual, irrevocable, and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part). Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

Relationship and Obligations of Parties

Life Support Solutions provides services for students and instructors. All parties are independent contractors through Life Support Solutions with respect to all matters arising out of this Agreement. No instructor shall be considered the employee, agent, partner or joint venturer of Life Support Solutions and Life Support Solutions shall not be considered the employer, agent, partner or joint venturer of any instructor. Instructors are independent agents, companies, or organizations certified in their area of training.

Students agree to hold harmless and indemnify Life Support Solutions for any and all liability arising from a submitting a referral. Students are under no obligation accept an instructor's training offer; students may continue to request additional offers singularly upon refusal of previous instructor offer.

Instructors agree to hold harmless and indemnify Life Support Solutions for any and all liability arising from receiving or accepting a student referral. Instructor are under no obligation accept any referral offers.

Specific Prohibited Uses

LSS Sites may be used only for lawful purposes by individuals/students seeking safety training. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:

• Posting any incomplete, false or inaccurate information which is not your own.
• Using the LSS database for any purpose other than seeking training opportunities, including but not limited to using the information in the database to sell or promote any other products or services.
• Framing of or linking to any of the Web Site Content or information available from this Web Site.

Payment Terms

Students are NOT charged for our services. LSS is not a billing company and you will not be invoiced or charged for requesting an instructor. Instructor pricing is not set by LSS.

Instructors agree to pay to Life Support Solutions a "Referral Fees" (as defined below). "Referral Fees" shall be a flat fee for each referral you accept in exchange for our services. Such Referral Fees shall be based on the associated membership level and shall be due to Life Support Solutions from time of referral acceptance. Life Support Solutions reserves the right to change the Referral Fees at any time. Any change in the Referral Fees will be reflected in the Referral Fees computed and displayed at the time of referral receipt. You hereby agree and acknowledge that such Referral Fees shall be non-refundable.

Instructors are responsible for their own billing and reporting of any taxes.

Limitation of Liability

The Company does not warrant that the Web Site will operate error-free and its server are free of computer viruses or other harmful mechanisms. If your use of the Web Site content results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs. The Web Site content are provided on an "as is" basis without any warranties of any kind. The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the Web Site content, services, software, text, graphics, and links.

In no event shall LSS be liable to you or any other user for any special, indirect, consequential, or punitive damages pursuant to this agreement, including but not limited to, loss of profits, loss of business opportunities, or loss of goodwill, even if advised of the possibility of such damages.

In the event that you have a dispute with one or more users (including students and instructors), you release us from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, arising out of or in any way connected with the Web Site, the Services, or such dispute. You waive the provisions of any state law limiting or prohibiting a general release.

Links to Other Sites

The Web Site contain links to third party Web Sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web Sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web Sites. If you decide to access linked third party Web Sites, you do so at your own risk.

Termination

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site; termination of your registration or ability to access this Web Site; and/or cancellation of any other service provided to you by the Company, upon any breach by you of these Terms of Use or if the Company is unable to verify or authenticate any information you submit to the Web Site.

Indemnity

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any material you provide to the Web Site, (ii) any Web Site Content that you use or (iii) your breach of the terms of these Terms of Use. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

General

These Terms of Use are governed by the laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Boston, Massachusetts. If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. No changes to these Terms of Use shall be made except by a revised posting on this page.

Life Support Solutions is a trade marked service of the Bettina Small Company, all content, software, and images are property of Bettina Small Company. No use of the service, software, and content without previous written permission.

Assignment

Bettina Small Company (Life Support Solutions) has the right to transfer or assign this Agreement and the rights hereunder to any other person or entity without your consent. You do not have the right to assign or transfer this Agreement or any rights hereunder to any other person or entity without our prior written consent. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.