Terms and Conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the gocpr.com website (“Website”), “https://gocpr.com” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Keep the Beat CPR, LLC (doing business as “Keep the Beat”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Keep the Beat, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

Age requirement

You must be at least 18 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.

Third party services

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Keep the Beat with respect to such other services. Keep the Beat is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Keep the Beat to disclose your data as necessary to facilitate the use or enablement of such other service.

Links to other resources

All course purchasers are required to have access to, or acquire a copy of the American Heart Association Provider Manuals. Links to these manuals are located on our website. Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Services may be “affiliate links”. This means if you click on the link and purchase an item, Keep the Beat will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Keep the Beat or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Keep the Beat. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of Keep the Beat or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Keep the Beat or third party trademarks.

Disclaimer of warranty

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Keep the Beat, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Keep the Beat and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Keep the Beat for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Keep the Beat and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Tennessee, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Tennessee, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

2020 Fieldstone Parkway, Suite 900-312, Franklin, TN 37069

This document was last updated on August 23, 2022

Participant Registration Agreement and Liability Waiver

This Participant Registration Agreement and Liability Waiver Agreement (this “Agreement”) is made effective upon your signature or other electronic acceptance hereto between you and Keep the Beat CPR LLC (the “Company”). For and in consideration of good and valuable consideration, including, but not limited to, CPR and First Aid instruction and certification (the “Services”) provided by the Company, the receipt and sufficiency of which is acknowledged hereby, you hereby understand, agree, warrant and covenant as follows in this (this “Agreement”):

1. Eligibility to Register. You represent and warrant that you are (i) the registrant that will be utilizing the Services and are at least eighteen (18) years of age, or (ii) the parent or legal guardian of a registrant between thirteen (13) and seventeen (17) years of age that will be utilizing the Services. You represent and warrant to the Company that you have full legal authority to complete this registration on behalf of yourself and/or any party you are registering. [Note if you are a resident of TN, a parent cannot sign a liability waiver on behalf of a minor, but can sign a liability waiver on his/her own behalf and effectively waive certain expenses (i.e., medical expenses) incurred on behalf of a minor child.]
2. ACKNOWLEDGEMENT OF RISKS. YOU RECOGNIZE AND ACKNOWLEDGE THAT THERE ARE CERTAIN RISKS OF PHYSICAL INJURY INVOLVED IN USING THE SERVICES, AND THAT A REGISTRANT SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT SOME SERVICES MAY BE PROVIDED ON PUBLIC ROADS AND IN FACILITIES OPEN TO THE PUBLIC AND UPON WHICH HAZARDS ARE TO BE EXPECTED. USE OF THE SERVICES CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY, RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES, INCLUDING DEATH. AND YOU AGREE TO ASSUME THE FULL RISK OF INJURIES, INCLUDING DEATH, DAMAGES OR LOSSES WHICH MAY BE SUSTAINED BY THE REGISTRANT AS A RESULT OF UTILIZING THE SERVICES.
3. WAIVER OF CLAIMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY KNOWINGLY, VOLUNTARILY, IRREVOCABLY, UNCONDITIONALLY AND FOREVER ACQUIT, RELEASE AND FOREVER DISCHARGE AND COVENANT NOT TO SUE THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), PENALTIES, FINES AND JUDGMENTS (AT EQUITY OR AT LAW, INCLUDING STATUTORY AND COMMON) AND DAMAGES OF ANY KIND OR NATURE OR DESCRIPTION WHATSOEVER ARISING OUT OF, OR CONNECTED WITH, THE USE OF THE SERVICES BY THE REGISTRANT OR ANY SUBSEQUENT ACTIVITIES THEREFROM, WHETHER THEY RELATE TO INJURIES TO MYSELF OR OTHERS.
4. You further agree to indemnify, defend and hold harmless the Released Parties from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of registrant’s use of the Services.
5. Limitation of Liability; Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY RELEASED PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, ITS CONTENT OR PRODUCTS, OR ANY OF ITS THIRD PARTY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF THE RELEASED PARTIES UNDER THIS AGREEMENT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SERVICE.YOU EXPRESSLY AGREE THAT USE OF THE COMPANY’S MATERIALS, COURSES AND/OR OTHER SERVICES IS AT YOUR SOLE RISK. THE SERVICE AND ITS INFORMATION, CONTENT, MATERIALS AND PRODUCTS IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE COMPANY DOES NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
6. Other Disclaimers. CONTENT ON THE SERVICE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON THE SERVICE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON THE SERVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCT INFORMATION ON THE SERVICE IS ACCURATE OR COMPLETE, AS INFORMATION MAY BE PROVIDED BY PRODUCT MANUFACTURERS OR SUPPLIERS, AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON THE SERVICE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC CONCERN OR QUESTION ABOUT A PRODUCT.
7. Consent to Electronic Communication. The Company would like to communicate with you using electronic means. By clicking the “I Agree” button at checkout, and continuing to use this site, this tells the Company: (a) you agree to receive any electronic communications from the Company for any purpose; (b) you agree that any notices, agreements, disclosures or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including that these communications be in writing; and (c) you agree that the Company may also use electronic signatures and obtain them from you on any electronic communication. When the Company sends electronic communication, it may come in the form of an update to the Company’s website, as an e-mail or text, or through other electronic means. When you sign-up for the Services, the Company will request your e-mail address and mobile telephone number. The Company requests this information in order to send you class confirmation text messages and information about the Services. By clicking the “I Agree” button below, you are telling the Company that you consent and agree to accept and receive electronic communications from the Company, including via e-mail, text message, calls and push notification to the telephone number and/or e-mail address that you provide to the Company. As part of this consent, the Company, or someone on the Company’s behalf, may send you communications generated by automatic telephone dialing systems and/or deliver prerecorded messages, which may include (i) class confirmation messages; (ii) communications about use and updates to the Services; and (iii) other information concerning the Services. The Company does not charge you when it communicates with you via text message, but your phone carrier may apply standard text messaging charges and data rates. It is your responsibility to provide the Company with an accurate and complete e-mail address and other contact information and to maintain and update promptly any changes to this information. You can update your contact information at any time by contacting the Company at support@gocpr.com. You may withdraw your consent to receive electronic communications from the Company at any time and for any reason by contacting the Company at support@gocpr.com. A withdrawal of your consent to receive electronic communications will be effective only after the Company has had a reasonable period of time to process your withdrawal. Your agreement to this Section 7 is not a condition to any purchase.
8. Applicable Law; Consent to Jurisdiction. The Company’s sites (excluding linked sites) and Services are controlled by the Company from its offices within the State of Tennessee, United States of America. By accepting this Agreement, both you and the Company agree that the statutes and laws of the State of Tennessee, without regard to the conflict of laws principles thereof, will apply to all matters relating to this Agreement or other use of the Company’s sites. You agree that exclusive jurisdiction for any dispute with the Company resides in the courts of Williamson County in the State of Tennessee and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Williamson County in the State of Tennessee in connection with any dispute, including any claim involving a Release Party or the Company’s telecommunication providers and content providers.
9. Entire Agreement. This Agreement, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us with respect to the Services.
10. Amendment. This Agreement may only be added to, modified, or waived by a non-preprinted document clearly understood by both the Company and you to be an amendment, addendum or waiver, as the case may be, and signed by an authorized representative of each party.
11. Severability. You further expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Tennessee and that if any provision of this Agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
12. ACCEPTANCE. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

Contacting us

If you have any questions regarding the information we may hold about you or if you wish to exercise your rights, you may use the following data subject request form to submit your request:

Submit a data access request

If you have any other questions, concerns, or complaints regarding this Policy, we encourage you to contact us using the details below:

2020 Fieldstone Parkway, Suite 900-312, Franklin, TN 37069

We will attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by applicable data protection laws.

This document was last updated on August 8, 2022