LEARNTASTIC TERMS OF SERVICE
LearnTastic LLC (“LearnTastic”) provides the services and website located at https://learntastic.com (‘website’). Regardless of whether or not you register for any of our products or services, by simply accessing or using the website and any content therein (or otherwise indicating your consent, if applicable) you (“the User”) agree to be bound these Terms of Services and the attached Privacy Policy (to the fullest extent the terms in these are applicable to your use and access of the website). If you do not agree, you should stop using this Site immediately.
Please read this Terms of Service Agreement before accessing our website.
This Terms of Service Agreement sets forth the terms of use of the LearnTastic Online Service (‘Services’). By using LearnTastic’s website, the User at minimum, agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the website. Your continued use of the Services after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Registering with LearnTastic
The services we offer require for you to register for an account and provide us with some basic personal information.
The User or person registering will be required to accept the terms by: Clicking a button (“Login’ or “Register” or the like) on registration or login to accept and agree (or to the extent already agreed, confirm acceptance and agreement) to the Terms of Service, the Refund Policy (as found attached below), and the Privacy Policy (as found attached below), when registering for or logging in to access a course at LearnTastic. By completing registration for or access to a course, the User is also accepting all pricing and all billing terms displayed on the website, including in the course of registration.
Description of the Product or Service; Use Thereof by User
LearnTastic is providing on its website, professional development, continuing education, safety, compliance and other educational courses including but not limited to other certification and recertification courses. .
LearnTastic grants you (as a User) a limited, non-exclusive, non-transferable license to access and view the content for which you have registered and completed the payment, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited. No rights to reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content shall be vested with the User without explicit permission to do so in a written agreement signed by a LearnTastic authorized representative. This also applies to content you can access via any of our APIs (Application Programming Interface). LearnTastic may revoke such license to the User at its own discretion due to legal or policy compliances.
For some courses, the User would be sent the registration details or coupon codes on the registered email id. It will be the User’s responsibility to ensure that the correct email address is provided at the time of the registration. The User may be redirected to a third- party site to complete the courses and get certification. The use of those third-party sites is subject to the acceptance of the terms of use and privacy policies of each site, and LearnTastic is not responsible therein. All Users must review and agree to the said terms of service and privacy policies of such third-parties’ sites.
The User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for the User’s access to the Internet, and (3) pay any fees relate with such connection. Additionally, all individuals signing up for an LearnTastic course online warrant that they are at least 18 years of age at the time of purchasing the course. If a course is appropriate for someone less than 18 years of age, an adult purchaser that is at least 18 years of age may purchase a license to use the course for the sole use of a minor within the age range appropriate for the course. Note, however, in all cases that course-registering person purchases a licenses to use a course for someone else, a minor or otherwise, each license purchased (i.e. each User access purchased) shall not be shared with other users, and both the person purchasing the course (i.e., course license) and the person(s) accessing the course shall be subject to the terms of this agreement and its attachments (as and to the fullest extent applicable); moreover, such person registering for a course warrants that both he/she/it, as well as the person using the course, will be subject to and observing of the terms of this agreement (and of the Privacy Policy and any other applicable attachments to this agreement).
Virtual Hands-On Session with Mini Anne
LearnTastic for some of its courses will ship out a Mini Anne (manikin) when a User purchases a virtual, hands-on skills assessment session. It is the responsibility of the User to attend their virtual session and return the Mini Anne using the provided return label within 30 days of receiving the item. LearnTastic will provide the return box and label. Upon the time that LearnTastic does not receive the item back within 30 days, the User will be charged $60.00 for the Mini Anne.
Disclaimer of Warranties
The website is provided by LearnTastic on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, LearnTastic makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. LearnTastic shall have no liability for any interruptions in the use of this website or how skills learnt from the courses are administered by the User. LearnTastic disclaims all warranties with regard to the course information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable. If a User attains a certification card from LearnTastic, it does not guarantee that the User is “qualified” to perform adult, child or infant CPR/AED, First Aid, ACLS or PALS techniques or how to effectively act if exposed to blood (bloodborne pathogens) or any other skills learnt from other courses on the website. It is the User’s responsibility to ensure that our certificate fulfills their requirements as requested by an employer/institution or state.
Limitation of Liability
LearnTastic SHALL NOT be liable for any damages whatsoever, and in particular, LearnTastic shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, loss of use, or loss of life arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if LearnTastic has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
It is also the responsibility of the User to read, understand and agree to LearnTastic’s Terms of Service, Refund Policy and Privacy Policy before completing registration for a course on the website. Any questions regarding either document should be addressed to [email protected] before marking the box and completing registration.
Indemnification
The User agrees to indemnify and hold LearnTastic, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of the User’s use of the training Service, the violation of this Agreement, or infringement by the User, or other user of the Service using the User’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
LearnTastic reserves the right to modify or discontinue the Service with or without notice to the User. LearnTastic shall not be liable to the User or any third party should LearnTastic exercise its right to modify or discontinue the Service. User acknowledges and accepts that LearnTastic does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. The User acknowledges that we are not responsible for the availability of, or the content located on or through, any third-party site. The User should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. The use of those third-party sites is subject to the acceptance of the terms of use and privacy policies of each site, and LearnTastic is not responsible therein. All Users must review and agree to the said terms of service and privacy policies of such third-parties’ sites.
Disclaimer Regarding Accuracy
The material on this website is offered for educational purposes. Course curriculum and other training material follow national guidelines or have been collected from course resellers.. While LearnTastic makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
LearnTastic makes no warranties or representations whatsoever with regard to any training provided or offered by any course, and you acknowledge that any reliance on representations and warranties provided by any course shall be at your own risk. Users should ask for professional instruction in addition to the material provided on this website. Even if performed properly, LearnTastic does not guarantee that these CPR/AED and First Aid procedures and Bloodborne Pathogens practices or any other skills learnt from other courses on the website will save lives or be effective in real life situations.
Governing Jurisdiction of the Courts Texas
Our website is operated and provided in the State of Texas. As such, we are subject to the laws of the State of Texas, and such laws will govern this Terms of Service, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Texas.
Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Please consult an attorney for any legal advice.
Arbitration and Class Action Waiver
Each party agrees to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and agrees not to sue in court in front of a judge or jury. Each party agrees that each may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both parties agree, the arbiter or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Waiver of Jury Trial
In the event that a dispute between the parties is presented to a court, each party hereby waives any right to trial by jury in any claim, action, proceeding or counterclaim by either party against the other pertaining to any matters arising out of or in any way connected with this Term of Use, the subject transaction, or the relationship of the parties.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2023 LearnTastic, with all rights reserved, or is the property of LearnTastic and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of LearnTastic is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of LearnTastic.
LearnTastic™ and learntastic.com™ are proprietary marks of LearnTastic. LearnTastic’s trademarks may not be used in connection with any product or service that is not provided by LearnTastic, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LearnTastic.
All other trademarks displayed on LearnTastic’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with LearnTastic. American Red Cross and American Heart Association are not affiliated with LearnTastic.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, learntastic.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail 739, Swords Bridge, Dr. Lewisville Texas 75056 By Telephone: +118002637257 By Email: [email protected]
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. The User agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by LearnTastic, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Service Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
