Terms & Conditions
AGREEMENT BETWEEN USER AND Train 321
Welcome to www.train321.com. The Train 321 website (the “Site”) is comprised of various web pages operated by Train 321, LLC. The Site is offered to you conditioned upon your acceptance without modification of the terms, conditions and notices contained herein (the “Terms”). By accessing and using www.train321.com you accept and agree to be bound by the terms and provisions contained herein. Please read the Terms carefully and keep a copy of them for your reference. “Services” means Train 321’s hosted internet accessible learning management solution service, video course material and any and all curriculum or other resources available on a subscription term basis pursuant to the Service Activation Agreement, available under the name Train 321 at www.train321.com. An Authorized User means any individual, company, company employee, contractor, agent or any other individual authorized to access and use the Services, via company’s or individual’s purchased subscriptions, for the purpose specified herein. You are responsible for Authorized Users’ compliance with this Agreement. Train 321 reserves the right to update and change the Terms from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Services after any such changes shall constitute your consent to such changes. Violation of any of the terms below may result in the termination of your Account.
Visiting www.train321.com or sending emails to Home of Training, Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use the Services and Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Train 321 is not responsible for third party access to your account that results from theft or misappropriation of your account. Train 321 and its associates reserve the right to refuse or cancel the service, terminate accounts or remove or edit content in our sole discretion. Train 321 does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
You must not misuse the Services or Site. For example, you must not: (a) copy, modify, host, stream, sublicense, or resell the Services or Site; (b) enable or allow others to use the Services or Site using your account information; (c) use the Site to construct any kind of database; (d) access or attempt to access the Services or Site by any means other than the interface we provide or authorize; (e) circumvent any access or use restrictions put into place to prevent certain uses of the Services or Site; (f) share Content, or engage in behavior that violates anyone’s intellectual property rights (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights); (g) upload or share any Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful; (h) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (i) attempt to disable, impair, or destroy the Services or Site; (j) upload, transmit, store, or make available any Content or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services or Site; (k) disrupt, interfere with, or inhibit any other user from using the Services or Site (such as stalking, Intimidating, or harassing others, inciting others to commit violence, or harming minors in any way); (l) engage in chain letters, junk mails, pyramid schemes, phishing, spamming, or other unsolicited messages; (m) place an advertisement of any products or services in the Services or Site except with our prior written approval; (n) use any data mining or similar data gathering and extraction methods in connection with the Services; or (o) violate applicable law (including, but not limited to, where applicable, COPPA).
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under Train 321’s control and Train 321 is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Train 321 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Train 321 of the site or any association with its operators. Certain services made available on the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Train 321 may share such information and data with any third party with whom Train 321 has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s Authorized Users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
The Service is controlled, operated and administered by Train 321 from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Train 321 Content accessed through www.train321.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Train 321, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Train 321 reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Train 321 in asserting any available defenses.
CPR TRAINING VIDEOS
The CPR training on the Site is not a replacement for completing an authorized and accredited CPR course in your local area
This Site may contain general information about medical conditions and treatments. The information is not advice and should not be treated as such. Our online CPR courses are not a substitute for hands-on CPR training by an accredited training provider and should not be used as such.
LIMITATION OF WARRANTIES
The medical information on this Site is provided “as is” without any representations or warranties, express or implied. Train 321 makes no representations or warranties in relation to the medical information on this Site or in our online first aid course. Without prejudice to the generality of the foregoing paragraph, Train 321 does not warrant that: (1) the medical information on this website will be constantly available, or available at all; or (2) the medical information on this website is complete, true, accurate, up-to-date, or non-misleading.
SEEKING PROFESSIONAL ASSISTANCE
You must not rely on the information on this Site as an alternative to medical advice from your doctor or other healthcare professional. If you have any specific questions about any medical matter you should consult your doctor or other healthcare professional. If you think you may be suffering from any medical condition you should seek immediate medical attention from a qualified healthcare professional. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this Site or in our online first aid course.
OUR CPR CERTIFICATE
Our CPR certificate does not prove competency in any CPR or first aid skill. Our CPR certificate is not recognized by any organizations or training providers. We do not provide any formal CPR qualifications and you must not use our certificate for this. This Site is not a replacement for an authorized and accredited CPR course.
Train 321 reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Broward County, Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Train 321 as a result of this Agreement or use of the Site. Train 321's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Train 321's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Train 321 with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the User and Train 321 with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Train 321 with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
CHANGES TO TERMS
Train 321 reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Train 321 encourages you to periodically review the Terms to stay informed of our updates.
Train 321 welcomes your questions or concerns regarding the Terms &
Train 321, LLC
PO Box 970684
Coconut Creek, FL 33097
Effective as of January 19, 2022