and Conditions of Use
Please read this document carefully.
This is a legal agreement between you and EMS University LLC. ("EMSU")
that governs your use of any EMSU online course and any associated software
code, documentation or other materials made available by EMSU (collectively
referred to in this Agreement as the "Online Course").
1.1 You are granted a nonexclusive,
nontransferable, limited license to access and use the Online Course for the
duration of time for which the applicable fees, if any, have been paid.
1.2 You are granted a nonexclusive, nontransferable,
limited license to print out materials from the Online Course solely for your
own, individual use. You may not copy, distribute or otherwise share the
materials you have printed out with others.
1.3 By creating an account, you agree to allow EMSU to
use your email address to send you email reminders regarding registration and expiration of your
certification. You may opt out by logging into your account and deleting the account.
2.1 Restrictions. The Online
Course is licensed to only you. In no event may you share your login,
password or use of the Online Course with another person, or transfer, rent,
sell, or otherwise dispose of the Online Course on a temporary or permanent
basis without the prior written consent of EMSU.
3.1 Ownership of Online Course.
All right, title, and interest (including all copyrights and other intellectual
property rights) in the Online Course in both print and machine readable form
belongs to EMSU or its licensors or suppliers. You acquire no proprietary
interest in the Online Course or copies thereof.
3.2 Except as specifically provided in
Sections 1.1 and 1.2, you are prohibited from downloading, storing,
reproducing, transmitting, displaying, publishing, copying, distributing or
using the Online Course. You may not modify, adapt, translate or create
derivative works of the Online Course 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.
3.3 You may not remove, redact or otherwise
obscure the copyright, trademark or other notices contained in the Online
4. 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
Online Course during the period of time for which you have paid the applicable
Online Course fees.
5. Content Support.
EMSU provides no support for questions related to the content of the Online
Course. EMSU does, however, encourage your content-related feedback, and
will forward feedback and inquiries to the Online Course content
6. Limited Warranty.
6.1 EMSU represents and
warrants that it has the right and authority to make the Online Course
available to you.
6.2 While EMSU endeavors to make web
access to the Online Course available to you 24 hours per day, 7 days per week
except for regularly scheduled downtime periods, EMSU reserves the right to
change its availability policy from time to time, and EMSU does not warrant
that the Online Course will be uninterrupted, nor does it warrant any
particular feature of the Online Course. EMSU personnel are available to
maintain and/or repair the Online Course only during regular business hours.
6.3 EXCEPT AS OTHERWISE PROVIDED IN SECTION
6.1, THE ONLINE COURSE 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
7. User Obligations.
7.1 You hereby represent and warrant
that the information you have provided on the customer information or
registration form is true and accurate.
7.2 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
Online Course. You shall notify EMSU immediately of any unauthorized use
of your account or any other breach of security.
7.3 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.
8. 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 THE
ONLINE 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 ONLINE 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 ONLINE
9.1 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. All current subscribers to the Online Course will be
notified by of any such changes by e-mail. Continued use of the Online
Course following any change constitutes acceptance of the change.
9.1.1 Refund Policy.
A. Except as otherwise provided by the program specifically, the general refund policy shall be according to the refund schedule which is provided according to duration and withdrawal deadline to receive a 100% refund back:
B. Cancelled classes: In the event that class is cancelled, students are entitled to a 100% refund irrespective of the table above.
|Duration of Class
||Withdrawal Deadline to Receive 100% Refund
|1-10 calendar days
|11-50 calendar days
|51-100 calendar days
|101+ calendar days
C. Non-Attendance, Non-Access, & Non-Acceptance: Non-Attendance and/or non-access of a course or courses is not a valid or excusable reason for obtaining a refund. Refunds will not be granted for such a reason if provided. In addition, non-acceptance of any certification provided within or as a result of taking a course shall not constitute a valid reason for a refund. This policy pertains to online courses as well as in-person courses in all programs.
D. Process: Students must fill out a refund request form in order to have the refund processed. This form along with other information provided by the student, general refund policy in this policy and specific program guidelines shall be taken into consideration when making the decision regarding whether a refund shall be processed or not.
E. Exceptions: Exceptions are not generally granted, except for extremely extenuating circumstances.
F. If you have paid for the course or otherwised agreed to purchase the course and the course was activated, the withdrawal deadline has passed.
Contact us at (800) 728-0209, email us at firstname.lastname@example.org, or meet us in Live Chat Support to obtain a request for refund form.
9.2 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
You may not assign your rights to access and use the Online Course without the
prior written consent of EMSU.
9.4 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.
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
9.6 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
319 E Garfield St
Tempe, AZ. 85281