Terms of service

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING CERTAIN LIMITATIONS AND EXCLUSIONS. YOUR USE OF THE WEBSITE AND SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE, YOU MAY NOT USE THE WEBSITE AND SERVICES. 

 

Welcome to Lifework LLC, and its affiliates (collectively, “we,” “us” or “Lifework”). The following constitute the Terms and Conditions to which Customer agrees when ordering any Services from Lifework (Agreement). Lifework reserves the right to review and update these Terms and Conditions periodically. 

For the purposes of this Agreement, references to “you” or “Customer” will refer to the person or entity to whom or to which Lifework will be providing any combination of Services, Products, and Programs. In addition, Lifework and Customer are sometimes collectively referred to herein as the “Parties.” Our website, including, but not limited to, all its features and content (“Website”), is a service provided by Lifework. All Services (defined below) provided by Lifework, whether directly or through the Website, shall be used only in accordance with the following terms and conditions of use (“Terms”). If you have any questions or comments regarding these Terms, please contact Lifework at (530) 384-5172.  

 

1. Prevailing terms and conditions Please note that this Agreement and all other Lifework pre-contractual documentation shall not constitute an offer. All services provided by Lifework are governed by these Terms and Conditions, and if you wish to engage any Lifework Services, we shall provide them only if you accept these Terms. If you offer to engage Lifework under your own terms and conditions, then we shall accept your offer only subject to the Terms and Conditions set out in this Agreement, which shall, if we provide the services you offer to engage, prevail over any other terms and conditions.

 

1. 2. Prices and discounts. The purchase of Services, Products, and Programs are subject to the following:

• the prices set out for the relevant product on our website at the time of purchase; and 

• the purchase of Training Courses and Training Materials includes the granting of a non exclusive, non-transferable license to use the Training Materials and the Documentation on the terms of such license, as specified in the Order. 

Notice of new pricing will be given in advance, but Lifework reserves the right to change prices listed without notice. Discounts may be available on training courses. Any applicable discounts will be laid out in the Order. 

 

1. 3. Services, Products, and Programs. In consideration for the fees paid, Lifework shall provide some or all of the following services: 

• Training and certification 

• Classroom Training  
• Virtual eLearning (Online training) 

• Instructor-led in real time 
• Self-directed by the student 

• Blended Learning (a combination of learning delivery methods) 

Please note that we reserve the right to change the course content of any Training Course at any time and without notice. 

• Products. From time to time, Lifework may make certain Products available for Customer to purchase. The term “Products” means the items described on the Website, as that list may be updated or amended from time to time. All Product purchases are subject to these Terms. 
• Programs. From time to time, Lifework may make certain Programs available for Customer to purchase. The term “Programs” means those programs (other than Services) described on the Website, as that list may be updated or amended from time to time. All Program purchases are subject to these Terms. 
• AED program management (including all regulatory requirements) 
• Equipment installation, maintenance and servicing, and tracking 

• Customer communications and support 
• Software use and support 

 

1. 4. Customer’s Service Requirements. In order for Lifework to accurately provide these Services, Customer agrees to comply with the following requirements, which are collectively referred to herein as the “Service Requirements”: 

1. identify a contact person in your organization who will serve as the main communication conduit between Customer and Lifework (“Customer Contact”), and provide Lifework with the Customer Contact’s e-mail address;  

1. register an Account for Customer on the Website;  

1. provide Lifework with all information and updates required in connection with the Services, or any other information and updates as requested in writing by Lifework;  

1. follow all protocols, policies, procedures and guidelines communicated to you by Lifework, including, but not limited to, these Terms and any manufacturers’ guidelines; and  

1. follow all local, state and federal statutes, rules and regulations applicable to the services, products, and programs provided. If you fail to satisfy any of the Service Requirements 

1. you will immediately assume full responsibility and liability for compliance with all local, state and federal laws associated with the services, products, and programs;  

1. Lifework will be released from all rights, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, suits, debts and demands, of whatever character, in law or in equity, known or unknown, direct or indirect, arising out of or related to the services, products, and programs; and 

1. any warranties made by Lifework with respect to the Services is void.  

Aside from Lifework’ suspension of performance of its obligations under these Terms, the remainder of the Terms, including but not limited to your payment and indemnification obligations, shall remain in full force and effect. 

 

1. 5. Termination. Except as otherwise provided herein, the Terms remain in full effect for the period of the Agreement, including periods in which certain Services may be suspended. Lifework reserves the right, in its sole and absolute discretion, to terminate your use of the Website and Services at any time upon 30 days prior written notice, provided that Lifework may terminate the Agreement and your use of the Website and Services immediately if you fail to pay any fee within 30 days of its due date. You may terminate your use of the Website and Services upon 30 days prior written notice to Lifework at the address listed below. You acknowledge and agree that upon termination, (a) you will no longer have use of the Website and Services, nor will you be entitled to purchase Products or Programs; (b) you will assume all obligations and duties associated with your services, products, and programs; (c) you will return all documents provided to you by Lifework within 30 days of termination; and (d) Lifework will not refund any portion of any fees for services, products, or programs.

 

1. 6. Limited Warranties. The success of the Website and the delivery of Services, Products, and Programs depends on the Customer’s compliance with the Service Requirements. Upon Lifework’s receipt of written notification of any problems with the Website and/or Services, Products, and Programs, Lifework, in its sole and absolute discretion, may choose to take corrective action to remedy such problems or give the Customer a refund; provided, however, Customer acknowledges that in no event shall Lifework’s liability exceed the amount of any fees paid to Lifework by the Customer. Without limiting the foregoing, Customer hereby acknowledges and agrees:

 

1. These limited warranties are conditioned upon Customer’s compliance these Terms, including, without limitation, Customer’s compliance with the provisions of Sections 2 and 3, and should Customer fail to comply with these Terms, these limited warranties are void. 

1. Customer’s use of the website and services is solely at customer's own risk. The website and services are provided with all faults on an "as is" and "as available" basis. 

1. Customer acknowledges and agrees that Lifework is not the manufacturer of any Products that may be supplied to Customer under these Terms. As such, Lifework makes no warranties whatsoever, and expressly disclaims any implied warranties, with respect to any Products. Customer shall look solely to the manufacturer of such Products for any warranty claims related to such Products. 

1. Lifework warrants that any Programs that it supplies directly (i.e., not through a third-party) will be provided consistent with generally accepted standards in the relevant field. Customer acknowledges and agrees that Lifework may provide Programs through third-parties. With respect to Programs provided through third-parties, Lifework makes no warranties whatsoever, and expressly disclaims any implied warranties. Customer shall look solely to provider of such Programs for any warranty claims related to those Programs. 

1. Except as set forth in this section 4, Lifework makes no representation or warranty of any kind, express or implied, with respect to any services, products, or programs. Lifework expressly disclaims all implied warranties of noninfringement, merchantability, and fitness for a particular purpose. 

 

1. 7. Customer shall indemnify, defend and hold harmless Lifework and its affiliates, successors and assigns, from any and all liabilities, claims, and expenses, including, but not limited to, attorneys’ fees and costs, that arise from Customer’s violation of the Terms or Customer’s use of the Website, Services, Products, or Programs. Lifework reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with Lifework in asserting any available defenses.

 

1. 8. Intellectual Property. Customer shall not use Lifework’s name, trademark, trade name, service mark or logos (whether registered or not), in any manner whatsoever without Lifework’s prior written consent. Customer acknowledges that Lifework has copyright rights in all of its written and online materials, and Customer shall not copy or distribute those materials without a license, or otherwise infringe on Lifework’s copyright rights.  Customer’s use and/or receipt of the Website and Services in no way limits Lifework’s right, title and interest thereto, including, but not limited to, any copyright and patent rights.

 

 

1. 9. Limitation of Liability. Lifework’s maximum liability under these Terms will not exceed the amount of the fees paid by Customer for the Service, Product, or Program with respect to which the claim of liability relates. Lifework will not be liable for any indirect, special, incidental, consequential or exemplary damages that result from the use of, misuse of, failure to use, inability to use or reliance upon the Website and Services, or from the products or programs. Customer’s rights may vary from state to state. Some states do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

 

1. 10. Events Outside Our Control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control. Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

 

1. 11. If Lifework fails, at any time during the term of this License, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

1. 12. Notice. Any notice required or permitted to be given by either party to the other under these Terms shall be in writing.

 

1. 13. Survival. Sections 7, 8, and 9 herein shall survive the expiration or earlier termination of this Agreement.

 

1. 14. Miscellaneous. These Terms constitute the entire agreement between you and Lifework with respect to the Website, Services, Products, and Programs, except for an Order or Annual Fee Agreement, and supersede all prior oral and written agreements. Section headings used in these Terms are for convenience only and shall not be used in interpreting its provisions. If Customer is an existing customer of Lifework, these Terms are not intended to replace or modify your existing Service Agreement with Lifework until such existing Service Agreement terminates and/or is not renewed by Lifework, in which case these Terms shall apply. Lifework reserves the right, in its sole and absolute discretion, to update or revise the Terms at any time without providing notice to Please check the Terms periodically for changes. Customer hereby acknowledges and agrees that your continued use of the Website and Services following the posting of any changes to the Terms constitutes acceptance of those changes. If any provision of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the Parties’ original intentions. These Terms are not intended to create, nor shall they be interpreted or construed to create, any third party beneficiary rights in any person not a party hereto. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules. The exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Website, Services, Products, and Programs shall be initiated and maintained only in the state or federal courts located in Delaware.

Customer hereby submits to the exercise of personal jurisdiction and venue of such courts for the purpose of litigating any such claim or action. Lifework will deliver all notices or other communications required by these Terms or permitted as part of your use of the Website, Services, Products, and Programs to the Customer Contact at the e-mail address provided. All notices or other communications sent by you to Lifework shall be addressed to:  

 

Lifework Education Inc. 

PO Box 43489 

Cleveland, Ohio 44143