Lifeguard Training NY, LLC

TERMS AND CONDITIONS

1. This Contract Governs Your Purchase and Use of the Platform and Materials

By checking the box and purchasing from Lifeguard Training NY LLC (“the Company,” “We”, “Us” or “Our”), you (“the User,” “You” and “Your”) agree to be bound by these Terms and Conditions and agree that you are either the Participant and over the age of eighteen (18) or You are the authorized legal parent or guardian of the Participant that is under the age of eighteen and You authorize this application and purchase. You agree that You or Participant’s participation in this course is conditioned on compliance with these Terms and Conditions and is subject to revocation by the Company at any time for failure to follow the Terms and Conditions.

2. Purchasing

By purchasing this course, You agree to make payment through the Company’s third-party payment processor. The Company utilizes Square or may use another payment processor to process payments. We do not retain your credit card information. By purchasing through Square, You authorize Square to perform the transaction and agree to its Terms and Conditions, as amended. Purchases are to be paid in full at the time of the order. No order is binding on the Company unless and until the Company accepts Your purchase and We send You an order confirmation confirming the purchase, the selling price and a stated specific course start date.

 
3. Photo Release Policy

You grant the Company permissions to use Your and/or Participant’s likeness or the likeness of the participant, in a photograph, video or other digital media in any and all of its marketing, ads, or  publications, without further approval, payment or other consideration. You understand and agree that all photos will become the property of the Company and will not be returned. You waive any right to inspect or approve the finished product wherein Your likeness appears. You agree Your photo or the Participant’s photo, likeness, and/or testimonial can be taken as You/Participant participate in the course, and can be used for proprietary purposes without further notice. You agree to a perpetual non-revocable royalty-free world-wide license to the Company of such photos and/or testimonials. You hold harmless, release and forever discharge the Company from all claims, demands, and causes of action that You, the Participant, or any persons acting on Your/Participant’s behalf or on behalf of Your/Participant’s estate have or may have by reason of this authorization.

4. Cancellation Policy

In the event You/Participant cancel your purchase of the course within 24-hours, You/Participant are entitled to a 75% refund. In the event Your purchase is not cancelled within 24-hours, You are entitled to cancel but will solely receive a credit towards another course, good for one year from the date of cancellation. In the event that the Company cancels the course, the course will be rescheduled, but no refund shall be offered. The Participant may be terminated from the course without a refund at the sole discretion of the Company. The Participant must pass Skills training, such as CPR, AED, and Lifeguard Skills by 80%. If the Participant fails the course, the Participant may retake the course without further payment.

5. We Can Modify the Terms and Conditions at Any Time

We reserve the right, in our sole discretion, to change, modify, add or remove the terms, conditions at any time.

6. Honor Code

As a condition of participation, You warrant that You/Participant will not use the course, the blended learning platform, the course Website, or its materials for any purpose that is unlawful or prohibited by these Terms and Conditions. Sharing passwords or links with others is prohibited. Recording or reproduction of proprietary videos or materials is prohibited. You represent that only the Participant, will perform the course work. If caught cheating or misbehaving, the Company may terminate your participation without refund.

You agree to comply with all applicable laws, including, but not limited to, all U.S. state laws, Federal laws, privacy laws, intellectual property laws, regulatory requirements, etc. Use of the content provided in the blended learning platform in a reasonable manner is mandatory, and You/Participant may not use the Website in any manner that may damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the platform. You may not obtain or attempt to obtain information or any materials through any means that are not intentionally made available or provided through the platform.

7. Robots, Spiders, and Automatic Copying is Prohibited

You are prohibited from utilizing any robot, spider, other automatic device or manual process to monitor or copy aspects of the website, the blended learning platform, Company materials, or the contents or information contained therein without our prior express written consent. In addition, You and Participant agree You and Participant will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except any information in which the You have an ownership interest) from the Website, Blended Learning Platform, or materials without the Company’s prior express written consent.

8. Website, Materials, and Blended Learning Platform Are Provided “As Is”

Other than as expressly stated in this agreement or as required by law, our Website, Blended Learning Platform, and Materials are provided “as is” and the Company does not make any specific commitments or warranties about Purchases therefrom. In the course of purchasing from the Website, You may submit Your personal data and/or the personal data of the Participant. It is Your responsibility to ensure this information is accurate and up-to-date.

9. The Company Makes No Warranties to the Purchaser and/or Participant of Any Kind

Changes are periodically added to the information on our Website, Materials, and Blended Learning Platform. We may make improvements and/or changes in the Materials, Website, and/or Blended Learning Platform at any time. By browsing, clicking on, purchasing, or otherwise utilizing the Website, Materials, and/or Blended Learning Platform, You agree that the Company is not liable for Your or Participant’s use of the Website, Materials, or Blended Learning Platform. The Company strives to keep the Website and Blended Learning Platform up at all times, but makes no guarantee as to any particular up-time.

The Company Makes No Representations and Grants No Warranties, Express or Implied, Either In Fact Or By Operation Of Law, By Statute Or Otherwise, Under This Agreement, And the Company Specifically Disclaims Any Other Warranties, Whether Written Or Oral, Or Express Or Implied, Including Any Warranty Of Quality, Merchantability Or Fitness For A Particular Use Or Purpose Or Any Warranty As To The Non-Infringement Of Any Intellectual Property Rights Of Third Parties Under This Agreement.

You agree that damages, if any, incurred by You or the Participant through use of the Materials, Blended Learning Platform, Website, or through taking the course shall be limited to the purchase price of the Course.

10. Hold Harmless
1. Website and Platform.

To the maximum extent permitted by applicable law, You on behalf of Yourself and Participant hold harmless the Company and/or its agents, employees, owners, or Third-Party content providers, from all liability whatsoever, including from any direct, indirect, incidental, special, or consequential damages or any damages whatsoever including, without limitation, damages for injury or death to Participant, errors, omissions, interruptions, defects, delays, computer viruses, loss of use, data or profits, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses, arising out of or in any way connected with You or the Participant’s participation in the course, use or performance of the Website, use or performance of the Blended Learning Platform, or use of the materials, with the delay or inability to use the Website, Blended Learning Platform, or related services, the provision of or failure to provide services, or from any actions we take or fail to take as a result of email messages or other communications You send Us, or for any information, software, products, and/or services ordered or obtained through the Website, or otherwise arising out of the Use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if We have been advised of the possibility of damages.

 
2. Participate at Your Own Risk.

Participants participate at their own risk. Risk of injury or death, including but not limited to risks deriving from swimming and diving and/or any other activities in or around the pool are hereby waived. Parents, Guardians, and You hold harmless the Company from any and all damages resulting from any injury or death sustained by Participant and including court costs, fees, and reasonable attorney's fees incurred by the Company in defense thereof claim brought relating thereto by any party including a third-party.

 
11. You Are Responsible for Participant’s Safety

You and/or Participant are responsible for Participant’s Transportation to and from the facility where the Course is being held. Failure to arrive on time for in-person courses may prohibit Participant from completing the course. The Company is not responsible for the safety of the Participant while at the in-person facility. You are responsible for the safety of the Participant before the Course begins and after it terminates. If any damages are incurred by the Company deriving from claims brought against the Company regarding the Participant’s safety before or after an in-person course, You here by indemnify the Company for such damages, including all court costs, fees, and reasonable attorney’s fees incurred by the Company in defending any such claims.

12. The Company May Revoke Participant’s Certification

Lifeguard Training NY LLC & American Aquatics and Safety Training have the right to revoke Participant’s certification gained through successfully completing the course at any time in their sole discretion. This includes the right to revoke certification when there is reasonable belief that a Participant has engaged in fraudulent or inappropriate activity, failed to adequately follow the methods taught, or under other circumstances.

13. Intellectual Property

All materials contained in the Blended Learning Platform and Materials provided to Participant are copyrighted property of Lifeguard Training NY LLC or of American Aquatics and Safety Training. No materials of Lifeguard Training NY LLC or of American Aquatics and Safety Training may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. We prohibit the use, reproduction, or posting of any such Materials on any Website, Internet, intranet, extranet, Platform, Social Media Platform, Email, Text, Chat, or other site or computer environment. All trademarks, service marks, trade names and trade dress are proprietary to the Company. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other “hidden text” utilizing Our name, trademarks, materials, or other proprietary information without our prior express written consent. We consider Our copyrights and trademarks to be valuable assets, and take infringement of them seriously.

14. Indemnification

By purchasing services from this Website and participating in the Course, You and Participant agree to indemnify the Company from and against any and all damages, liabilities, demands, claims, fines, losses, expenses, penalties or costs incurred by the Company due to your proper/Participant’s improper use of the Website, Blended Learning Platform, Materials, or facilities including the reasonable attorneys’ fees and court costs and fees incurred by the Company pertaining thereto. Claims include but are not limited to those arising or resulting in any way from the violation of these Terms and Conditions, services provided, any related act or failure to act, and claims arising from Your use of the Website, Blended Learning Platform, or facilities, including, without limitation, claims related to User infringement of intellectual property rights, including copyright, patent, trade secret, trade mark, artist rights, moral, privacy, publicity or rights under other intellectual property laws.

If You cause a technical disruption of the Website, the Blended Learning Platform, or the systems transmitting the Website to others, whether or not such is intentional, You agree that You are responsible for any and all losses, liabilities, expenses, damages, and costs, including attorney’s fees and court costs incurred by the Company, arising or resulting from the disruption, including but not limited to damages, expenses, and costs incurred by the Company lawsuits brought by third-parties related thereto, reasonable attorney’s, professional fees, and court fees and costs.

 
15. The Company Does Not Guaranty Privacy or Confidentiality of Website Content, Blended Learning Platform Content, or User Up-loaded Content

(Electronic Communications Privacy Act Notice (18 U.S.C. 2701-2711)) The Company makes no guarantee of confidentiality or privacy of any communication or information transmitted on the Website, Blended Learning Platform, or any Third-Party Website linked to it. You agree that We are not liable for protecting the privacy of any information entered into the Website or Blended Learning Platform by You or Participant, including but not limited to e-mail address registration and identifying information, disk space, communications, confidential or trade secret information, or any other content transmitted over networks accessed by the Website or Platform, or otherwise connected with Your use of the Website or Platform.

16. The Laws of the State of New York Govern These Terms and Conditions

To the maximum extent permitted by law, these Terms are governed by the laws of the State of New York and You hereby consent to the exclusive personal and subject matter jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of this website, course, and Blended Learning Platform by You and/or Participant. You also agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the United States District Court for the Eastern District of New York.

17. Time to Bring an Action Under This Agreement is Limited to One Year

You and the Company agree that that any cause of action arising out of or related to Your use of the Website, the Blended Learning Platform the Course or these Terms and Conditions must commence within (1) year from the date that the incident leading to the cause of action first occurs. Otherwise, such cause of action is permanently barred.

18. Survival

The following clauses shall survive termination of this Agreement: This Clause (Clause XVIII), Clause II, III, X – XIII, XIX, XX)

19. By Purchasing the Course, You Electronically Sign This Agreement

You represent and warrant that You have the legal right, power and authority to agree to the Terms and Conditions herein on behalf of itself. Purchaser agrees that clicking to denote acceptance of these Terms and Conditions You are electronically signing as defined by the Electronic Signatures in Global and National Commerce Act (E-Sign)” and the Uniform Electronic Transactions Act (“UETA”). You further agree that You have formed, executed, entered into, accepted the terms of, acknowledged, authenticated, and subsequently agreed that these Terms and Conditions are an electronic record for purposes of E- Sign, UETA and the Uniform Computer Information Transactions Act and are valid, enforceable, binding, have legal effect, and are non- refutable.

20. If A Term Is Not Enforceable Legally, The Rest of The Terms Are Still Enforceable

If any provision of these Terms and Conditions shall be found invalid or unenforceable, the remainder of these Terms and Conditions shall remain enforceable and shall be interpreted so as best to reasonably effect the intent of the Parties.

21. This Website is Accessible to Those With Disabilities

This Website is intended to be compliant with the American With Disabilities Act. The Company recognizes that software is fickle and accessibility could be interfered with unintentionally. Therefore, if You, for any reason, finds the Website inaccessible, You should notify the Company immediately. The Company will take all actions necessary to fix any issues with the Website to make it accessible. By utilizing this site, You agree to first notify the Company of any inaccessibility issues, and You must take all steps on your end to make the site accessible, or else any claim of inaccessibility shall be null and void. You agree that this is reasonable and is not against public policy.

22. Where to Contact Us

If there are any questions regarding these Terms and Conditions, your privacy, or our policies, or you want to provide notice of any incident for any reason, you may contact Lifeguard Training NY LLC via email at admin@lifeguardtrainingny.com

 
23. Entire Agreement

This is the entire agreement between the Parties regarding the purchase of the course. Any other agreements whether written or oral are hereby superseded.