Agreement Regarding Use of the AHA My Cards System (version 1.4, last modified January 2014)

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CLICKING "I AGREE" OR USING THIS SITE. WHEN YOU CLICK "I AGREE," IT MEANS YOU ACCEPT ALL OF THESE TERMS THE SAME AS IF YOU SIGNED THIS AGREEMENT, EVEN IF YOU HAVE NOT READ THEM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, CLICK "I DO NOT AGREE" AND EXIT THIS WEB SITE. THESE TERMS MAY CHANGE, SO IT IS UP TO YOU TO MAKE SURE YOU AGREE TO THE TERMS IN THIS VERSION EVEN IF YOU HAVE AGREED TO PRIOR VERSIONS OF THIS AGREEMENT.

1. Ownership. This web site and the logos, service marks, page design, images, written information, audio, video, animations, training materials, illustrations, software functions and features provided through it ("the Services") belong to the American Heart Association, Inc. ("AHA") and its vendors and licensees, unless expressly indicated otherwise, and are provided strictly for AHA's convenience. Any users of the Services agree that the Services are provided for the limited purpose of facilitating the user's ability to electronically store, manage and provide verification to third parties of the user's electronic AHA Course Completion Cards and that AHA retains all rights, title and interests, including copyright and other proprietary rights, in the Services and all material, including but not limited to text, images, and other multimedia content and data on the site unless expressly indicated as belonging to another. You agree that your use of the Services does not give you any rights in or to any of the Services other than your limited right of use as described in this Agreement which may be terminated by AHA at any time for any reason.

2. Privacy. The Services are not authorized or intended for use by any person under the age of 18 years without permission from a parent or other authorized adult. Use of the Services is also partly governed by AHA's standard online Privacy Policy, which is available at that link. User agrees that the terms of AHA's standard online Privacy Policy are incorporated into this Agreement. User agrees that AHA may use all information provided by user on this web site for the purpose for which user provides the information, such as to complete a transaction or register the user for a program or communication at the user's request. You agree that we may share your information to anyone you request AHA to send it (such as to a local Training Center, a learning management system, or your employer, e.g.) as a convenience to you. You specifically agree that AHA may use non-identifying information about your use of the Services in an aggregated form for any legitimate business purpose. YOU AGREE THAT AHA HAS NO DUTY TO PROTECT PERSONAL, MEDICAL, PRIVATE OR OTHER CONFIDENTIAL INFORMATION THAT YOU SHARE ABOUT YOURSELF WITH ANYONE OTHER THAN AHA (SUCH AS THROUGH SOCIAL, NOTIFICATION OR INTERACTIVE FEATURES THAT MAY BE OFFERED THROUGH OR ACCESSED WHILE USING THIS SITE) AND THAT YOUR CHOICE TO DO SO IS YOUR OWN VOLUNTARY ACT. Of course, AHA reserves the right to disclose your private information when required by law or legal process to do so.

3. Restrictions on Use. Users of the Services agree that they will not copy, license, sell, transfer, make available or otherwise distribute any part of the Services to any entity or person, or modify, reverse-engineer, or disable the digital rights management features of any of the Services, without prior written authorization from AHA. User agrees to use its best efforts to stop any unauthorized copying or distribution immediately after such unauthorized use becomes known to user. Without limiting its remedies for breach of this Agreement, AHA reserves the right to end any relationship with any user who violates these terms and may or may not issue refunds of any amounts paid to AHA for the Services or any other products or services. User warrants that all information provided to AHA through the Services are accurate and that the person providing the information and making application is legally able to enter this Agreement, authorized by the entity the user represents to enter this Agreement, and permitted under the laws of the user's local jurisdiction to do so.

4. AHA Course Completion Cards. "Course" in this Agreement means any training and educational material offered through this web site. "Course Completion Card" in this Agreement means a digital record that represents completion of a Course. Course Completion Cards are only issued by authorized Course providers and for a limited duration. You are responsible for your own Course Completion Card and cannot give the Course Completion Card to anyone else. By using the Services to manage one or more Course Completion Cards, you agree that you have voluntarily chosen to participate in the My Cards program and will abide by this Agreement.

5. NO WARRANTY. THE SERVICES ARE PROVIDED BY AHA ON AN "AS IS" BASIS WITH NO WARRANTIES OF ANY KIND. AHA makes every effort to verify the information and functionality provided but makes no warranties regarding the completeness, accuracy, reliability or availability of the Services. AHA is not responsible for the availability, reliability, accuracy or information provided on any web sites or in any materials that may be linked to this web site that are not controlled by AHA. User agrees that AHA, by permitting user to participate in and use the training materials available through this web site, is not agreeing that user will be able to complete or earn a course completion card as having satisfactorily accomplished the training offered or be able to perform the skills covered by the training. User has no right to certification by AHA or any of its licensees, affiliates or related parties, and AHA has no duty to grant a course completion card to user, even if user already is or has been issued a card for the same skill in the past.

6. Limitation of Liability. In no event shall AHA be liable to any user of the Services or any other person or entity for any direct, indirect, special, exemplary, punitive or consequential damages, including claims such as lost profits or costs to replace or cover, based on breach of warranty, contract, negligence, strict liability, tort, lost opportunity, or otherwise, arising under this Agreement or any performance under this Agreement, whether or not they or it had any knowledge, actual or constructive, that such damages might be incurred. User agrees that AHA's maximum liability under this Agreement shall not exceed the amount user paid AHA for the Services over the preceding 12 month period alone. In places where the limitations in this paragraph may be restricted, our liability will be limited to the greatest extent permitted by law.

7. Indemnification. User releases and shall indemnify, defend and hold harmless AHA and its vendors, affiliates, licensees, agents, employees, directors and volunteers, as well as each of their officers, volunteers, employees, and agents, against any claim, damages, loss, liability, suit, penalty, fee or expense arising out of the user's use of the Services or breach of this Agreement. You are not authorized to enter any settlement that may adversely affect an indemnitee's rights or legally obligate an indemnitee without that indemnitee's prior written approval.

8. Conflict with Other Agreements. This Agreement applies solely to the limited purposes for which the Services are provided on this specific web site. User may be required to agree to other terms in other documents for other purposes in order to do business with or receive products or services from AHA not provided on this particular web site. Nothing in this Agreement is intended to conflict with or supersede the provisions of any other contract with AHA except for the specific Services provided by AHA through this web site.

9. Miscellaneous. This Agreement contains the entire agreement between the user and AHA relating to the Services. No waiver or failure to enforce AHA's rights under this Agreement shall be a waiver or bar to enforcing any of AHA's rights under this Agreement. Should any part of this Agreement be declared unlawful, void, or unenforceable, the remaining parts shall remain in effect and enforceable. This Agreement shall be governed by the laws of the State of Texas, USA, without regard to its conflicts of laws provisions. You may terminate this Agreement at any time by deleting your account and ceasing use of the Services. User's obligations under paragraphs 1-7 shall survive termination of this Agreement.