Terms and Conditions
Please read this document carefully. This is a legal agreement between you and EMS University LLC. ("EMSU") that governs your use of any EMSU course(s) and any associated software code, documentation or other materials made available by EMSU.
1.1 You cannot transfer, copy, distribute or otherwise share the materials you have printed out or obtained with others, except as provided by the "fair use" doctrine for educational purposes and not for profit.
2.1 Ownership of Course(s). All right, title, and interest (including all copyrights and other intellectual property rights) in the Course in both print and machine readable form belongs to EMSU or its licensors or suppliers. You acquire no proprietary interest in the Course or copies thereof.
2.2 Except as specifically provided in Section 1.1, you are prohibited from downloading, storing, reproducing, transmitting, displaying, publishing, copying, distributing or using the Course(s). You may not modify, adapt, translate or create derivative works of the Course(s) except in accordance with this Agreement or with the prior written consent of EMSU. You may be held legally responsible for any infringement that is caused or encouraged by your failure to abide by the terms of this Agreement.
2.3 You may not remove, redact or otherwise obscure the copyright, trademark or other notices contained in the Course(s).
3.1 Technical Support. You may contact EMSU during regular business hours by telephone, email or fax if you experience difficulties connecting to or using technical features of the Course(s) during the period of time for which you have paid the applicable Course(s) fees.
4.1 Content Support. EMSU provides no support for questions related to the content of the Course(s), except during class itself. EMSU does, however, encourage your content-related feedback, and will forward feedback and inquiries to the Course content developer.
5.1 THE COURSE(S) AND ANY SERVICES PROVIDED IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND EMSU AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMSU, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, AND YOU MAY NOT RELY UPON SUCH INFORMATION OR ADVICE.
6. User Obligations.
6.1 You hereby represent and warrant that the information you have provided on the customer information or registration form is true and accurate.
6.2 You are entirely responsible for any and all activities that occur under your account, and you are responsible to oversee and protect against unauthorized or unlawful use of or access to the Course(s). You shall notify EMSU immediately of any unauthorized use of your account or any other breach of security.
6.3 You will indemnify and hold harmless EMSU and its licensors or suppliers against any and all judgments, settlements, penalties, costs and expenses (including attorneys' fee) paid or incurred in connection with claims due to, resulting from or arising in connection with your actions or negligence, including but not limited to those attributable to any breach of this agreement or any infringement, misappropriation or violation of any copyrights, intellectual property rights or other proprietary rights of any third party.
7. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER EMSU NOR ANYONE ELSE WHO HAS BEEN INVOLVED ON BEHALF OF EMSU IN THE CREATION, PRODUCTION OR DELIVERY OF A COURSE OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGE FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF DATA, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE COURSE, EVEN IF EMSU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EMSU OR ITS LICENSORS OR SUPPLIER'S TOTAL CUMULATIVE LIABILITY FOR LOSS OR DAMAGE UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE COURSE(S).
7.1 Detrimental Reliance. If you rely on this agreement to your detriment, and if it is found that damages exist under this agreement, you are only entitled to no more than amount you paid for the course.
8.1 Termination. These General Terms and Conditions, including the Additional Terms, may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with your applicable price schedule or purchase agreement; all other provisions may be changed by EMSU immediately upon notice.
8.2 Refund Policy.
You agree to be bound to the EMS University Refund Policy.
8.3 Responsibility. You agree that your certification is your sole responsibility. This means that you are solely responsible and provide warranty to EMSU that you meet the criteria to register for the course(s) you choose to register for and that EMSU cannot be held responsible for any oversight, negligence or breech of duty and/or due diligence in this respect. This is an integration clause, meaning that through your registration, you hereby agree that this registration is all-inclusive for this agreement for registration and that no other oral agreement or written agreement prior shall be binding.
8.4. EMS University Guidelines. You hereby agree to be bound to EMS University Standard Operating Guidelines which shall be available upon written request to administrative staff upon reasonable notice at any time and shall be provided within a reasonable time to the student.
9.1 Choice of Law and Forum. This Agreement shall be governed by the laws of the State of Arizona without regard to that body of law known as conflicts of law, and excluding the United Nations Convention on Contracts for the Sale of Goods. You agree that any dispute arising under this Agreement shall be brought solely and exclusively in a court of competent jurisdiction located in the state of Arizona, USA, and agree to submit to personal jurisdiction in the State of Arizona for that purpose.
9.2 Transferability. You may not assign your rights to access and use the Course(s) without the prior written consent of EMSU.
9.3 Complete Agreement. These General Terms and Conditions, and any Additional Terms constitute the complete and exclusive statement of the terms of the agreement regarding the Online Course between you and EMSU. It supersedes and replaces any previous or contemporaneous written or oral agreements and communications relating to the Online Course.
9.4 Waiver/Modification. No waiver or modification of the terms of this Agreement shall be effective unless ratified in writing and signed by both you and EMSU. This Agreement will not be amended or modified by the terms of any purchase order or acknowledgement, regardless of whether EMSU may have accepted or signed the same. Any party's failure to enforce the provisions of this Agreement shall not constitute or be construed as a waiver of any other provisions or rights.
9.5 Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
EMS University LLC
501 South 48th Street, Suite 105
Tempe, AZ. 85281