Terms & Conditions

Malar is here to serve you with the best certification experience possible!

Malar First Aid Learning Center
Terms & Conditions

 

Malar First Aid Learning Center, LLC  provides the services and website located at https://www.malarfirstaid.com/. These Terms of Use and Conditions constitute an agreement (“Agreement”) between you (“you”, “your”, “user”, “client”, “his”, “him”, “their” “her” or “customer”) and Malar First Aid Learning Center (“Malar First Aid Learning Center”, “Malar”, “us”, “we” or “our”) for all products, services (“services”) and websites (“Website(s)”).

Any of the following actions constitute your agreement, without limitation or qualification, to be bound by, and to comply with, the terms of this Agreement: your initialization or purchase of our Services, either by phone, mail or through the Website; or your use of the Website.

1.Malar First Aid Learning Center only provides certification services at your request.

  • THE INFORMATION CONTAINED IN THIS WEBSITE DOES NOT SERVE AS A SUBSTITUTE FOR MEDICAL ADVICE OR TREATMENT. CONSULTATION WITH YOUR DOCTOR OR HEALTHCARE PROFESSIONAL IS ADVISED. IN THE EVENT OF AN EMERGENCY, PLEASE DIAL 911.
  • Your use of the Malar’s website, or purchase of Malar’s services, does not legally bind us or makes us responsible to represent your needs if ever requested or needed.
  • If, at any time, you do not agree to these Terms of Use and Conditions, you will not be able to proceed any further on Malar’s website and will not be able to proceed with any purchase of Malar’s services, and any purchase that you do make will be therefore null and void – in so proceeding, you relinquish your right of any legal suits against us and our representatives’, for any reasons, regarding any materials, faults, or accidents.

2.Malar First Aid Learning Center’s Services– You understand that Malar provides certification training in CPR, AED, First-Aid, Bloodborne Pathogens and Basic Life Support for Healthcare Providers, Workplace Employees and our Community. Malar provides self-training through the materials found on the Website(s) through your own direction. Our services are designed with OSHA, the ECC/ILCOR and The American Heart Association’s guidelines in mind. At no time does Malar represent any person in their certification needs – it is up to our client to choose freely their own path.

3.Certification and Wallet Card

  • Our certificationis given to our customers in good faith that they fully and entirely understand the coursework and all materials provided and have completed the Exam given with a passing grade in order to receive our certificate and wallet card. Only upon Payment will any of Malar’s customers be deemed Certified in the specific area of training. WE RESERVE THE RIGHT TO DISCONTINUE THE VALIDITY OF ANY PERSONS’ CERTIFICATION AT ANYTIME. In the case of receiving a client’s mail as “returned to sender”, we will not not reship to the same address, unless we choose to do so.
  • The Wallet Cardsare given free of charge and can definitely NOT be given at any time as we see fit. The cards are not a purchased item and in not being so, are given as a gift. It is stated that we are not required to give customers cards, however, we do so as a complimentary and by choice.
  • Each certification can only have one individuals name on it. If a purchase is made with more than one individual’s name on the certification then the certificate is invalid. It is the customer’s responsibility to understand these terms prior to making any.
  • Group Certifications: all group certifications will be processed on demand or on a bi-weekly basis.
  • Reminder of Re-Certification– Malar is not responsible for reminding you of your future re-certification or obligations relating to your certification requirements. However, we will reach out, as best we can, via email. On occasion, we will be sending ‘Thank You’, ‘Holiday’, etc. -type emails.
  • E-Verify & Downloadis designed to quickly Verify our clients’ certification and/or Download them, when needed. This tool is designed for our users, users’ affiliates, employer, etc. for the specific reason stated above. In no way is the tool used for any other reason but the aforementioned one.
  • Purchases Made by Your Agent/Representative— You agree and understand that, if an employer, friend or agent acts on your behalf and purchases our service for you or your company, you are therefore bound by all the terms of this agreement herein.
  • Group ordersdo not have a time-limit – if the group coordinator chooses to set a time, then a time-limit will be added. Group orders are non-refundable. All group orders come with FREE shipping as well as a free wallet card. Group orders will have a two-year validity.
  • Refund Policy– Malar guarantees your satisfaction with our services. In the event that your Certification is denied, we will do our very best to resolve your matter, by rectifying the situation. Once the program is purchased, IT CANNOT BE REFUNDED. Once the user has been exposed to the professional content on the Malar website, we cannot offer any refunds.
  • Certificate Disclaimer– The actual certificate, as printed, may vary from the image displayed on the Website. The sole purpose of the certificate is to verify that, to the best of Malar ‘s knowledge, the trainee has successfully completed our online course. The certificate does not represent, warrant or guarantee that the purchaser is properly prepared or equipped to perform any course materials, CPR or First Aid assistance. Malar’s role is to educate the trainee using generally accepted scientific guidelines. Malar’s website does not represent, warrant or guarantee, either explicitly or implicitly, that its certification will comply with the user’s or any third party’s requirements or standards. It is the trainee’s and/or purchaser’s sole responsibility to ensure the compliance with the requirements and standards of any regulatory or licensing body or employer.

4.Disclaimer

You understand that Malar’s website cannot and does not guarantee or warrant any files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other codes that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints in order to satisfy your particular requirements for accuracy of data input and output, and for maintaining an external mean, other than this site, for any reconstruction of any data that might be lost. Malar does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Malar.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. MALAR DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. NCPRF DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MALAR DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MALAR MAY MAKE CHANGES OR IMPROVEMENTS TO IT AT ANY TIME. YOU, AND NOT MALAR, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. MALAR MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS REGARDING SUCH CONTENT.

5.Limitation of Liability

MALAR WEBSITEITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT OR INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, WHICH INCLUDE, WITHOUT LIMITATION, ANY LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST DATA AND BUSINESS INTERRUPTION, OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF, OR OF THE INABILITY TO USE, THE SITE, , EVEN IF MALAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE COLLECTIVE LIABILITY OF MALAR AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

6.Warranty and Indemnification

You represent and warrant that your use of the Malar website and the information, content and materials contained therein, as well as information or materials received from a Malar representative will, at all times, comply with applicable laws, rules, regulations and this Agreement. By using the Malar website, you agree to indemnify, hold harmless, and defend Malar First Aid Learning Center, Malar, its subsidiaries, divisions, affiliates, officers, directors, employees, successors, agents, contractors, and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in regards with (i) your use or misuse of the Malar website; (ii) a dispute you might have with us; (iii) your breach of the Terms of Use and Conditions; or (iv) your violation of any law or the rights of a third party. You agree to cooperate fully and as reasonably required, in the defense of any claim. Malar reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, for which you will remain responsible for indemnifying and holding Malar harmless.

7.Limitation on License

The material and content accessible from this site, and any other Website-owned, operated, licensed, or otherwise controlled by the Web Site Owner (the “Content”) is the proprietary information of the Web Site Owner or the party that provided or licensed the Content to the Web Site Owner, whereby such providing party retains all right, title, and interest in the Content.

The license granted to you in these Terms of Service is restricted as follows:

  1. Limitations on Copying and Distribution. The Content of this website may not be copied, distributed, republished, uploaded, posted, or transmitted, in any way, without the prior written consent of the Web Site Owner, except for your ability to print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content other than expressly provided in these Terms of Use, violates the Web Site Owner’s intellectual property rights. Neither title nor intellectual property rights are therefore transferred to you by accessing this website.
  2. Limitations on Use.You agree to use the Malar website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use of the Malar website by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any other person and the transmission of obscene and or offensive content or disruption of normal the flow of dialogue within this website. As a condition to your use of the Malar website, you agree not to:
  • upload, post, e-mail, transmit, or otherwise make available any information, materials, or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, or offensive; or that infringes another’s rights, including any intellectual property rights;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or obtain, collect, store, or modify personal information about other users;
  • upload, post, e-mail, transmit, or otherwise make available to any user of the Malar website any unsolicited or unauthorized advertising, promotional materials, ‘junk mail,’ ‘spam,’ ‘chain letters,’ ‘pyramid schemes,’ or any other form of solicitation;
  • modify, adapt, or hack the Malar website or falsely imply that some other site is associated with the Malar website; or
  • use the Malar website for any illegal or unauthorized purpose. You must not, in the use of the Malar website, violate any US laws or laws in your jurisdiction (including but not limited to copyright and trademark laws).
  1. Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Website or any materials accessed through the Website,
  2. Website Rules.

Malar website may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You hereby agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you hereby agree that you will not post, send, submit, publish, or transmit in connection with this site any materials which might:

  1. interfere with or disrupt the Website or its operation;
  2. be vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing;
  3. be unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;
  4. encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
  5. harm minors;
  6. impersonate any other person or entity, whether actual or fictitious, or that misrepresent your affiliation with any entity;
  7. contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site.

8.Miscellaneous.

8.1 Severability – If any portion of this agreement is found to be unenforceable or void by a court of law, then the provision that is found to be void or unenforceable shall be deemed severable from the remaining provisions of this Agreement. Furthermore, severability shall not affect the validity or enforceability of the remaining provisions of this Agreement.

8.2 Termination of This Agreement – You hereby understand and agree that Malar may terminate this Agreement, Use of this website and your Certification for any reason and at any time upon notice. Malar and its employees have sole discretion to refuse to provide services to you and are not liable to you for any damages or loss that may result from our refusal to provide you with services.

8.3 Choice of Law – These Terms of Use and Conditions will apply in any dispute of any sort that might arise between you and Malar, Malar First Aid Learning Center, or its subsidiaries, divisions, or affiliates shall be governed by and construed in accordance with the laws of the State of Israel. You hereby consent to the jurisdiction of such courts and irrevocably waive any objection, including but without limitation to any objection to the laying of venue or based on the grounds of Choice of Law non conveniens, which you may now, or hereafter, have to the bringing of any such action or proceeding in said jurisdiction. In addition, you expressly waive any right to a jury trial in any legal proceeding against Malar, Malar First Aid Learning Center, or its subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms of Use and Conditions. Any claim or cause of action you have in respect to use of the Malar website must be commenced within six months of the claim’s rise.

8.4 Entire Agreement – These Terms of Use and Conditions constitute the entire agreement between you and Malar regarding the access, purchase of services and use of the Malar website and collected sites – malarfirstaid.com DeliveredHealth.org Healthcare-Provider-CPR.com FreeCPRCertificationOnline.com.

8.5 Articles – All articles are for informational purposes only. Regarding medical treatment, always seek the advice of a professional medical personnel. In case of a medical emergency, immediately call a physician or 911. Malar does not endorse any specific tests, physicians, products, procedures, opinions on its Website. The information in the articles should be considered, or used as a substitute for, medical advice, diagnosis, sole prevention or treatment. All articles are provided “as is”.

8.6 Non-affiliation – Malar is an independently-owned and operated Website and are not associated with, affiliated with or endorsed by other providers.

8.7 No-Reliance – You should not solely rely on the Material, but should rather seek other opinions before taking or failing to take any kind of action which could or could not lead to any injury, harm, death or damage of any kind. If CPR information is provided, CPR and First Aid procedures should be performed only on persons who require them, and generally under the supervision of a licensed professional. Do not attempt or practice these techniques on anyone that does not need them. Performing these procedures when they are not needed could result in serious injury or even death. These procedures might not save every person performed on, even when they are properly performed. CPR and First Aid instruction should not be viewed by children or adults who will not be able to fully understand the Materials and/or their potential consequences.

8.8 Local Laws and Regulations Disclaimer – Malar does not represent, warrant or guarantee, either explicitly or implicitly, that its certification will comply with the user’s or any third party’s requirements or standards. It is the trainee’s sole responsibility to ensure the compliance of the certification with the requirements and standards of any regulatory or licensing body or employer. Users of Malar are advised to contact their local or state licensing agency which has the authority to regulate CPR and First Aid Certification.

9.Link to Privacy Policy.

You hereby understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information in the Website requires the submission, use and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information of the Website, you hereby acknowledge and agree that your use of the Website will constitute acceptance of the personal identifying information collection and use practices contained in the privacy policy posted on the Website.

10.DMCA Notification Guidelines.

It is our policy to respond to clear notices of alleged copyright and trademark infringement on any of our websites that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512(c)(3).

Malar respects the intellectual property of all others and demands that its Users do the same. If you believe your copyrights are being used without authorization on the Website, please submit a notification to us according to the following DMCA Guidelines.

You may submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent by mail or e-mail as set forth below.

In addition, we will promptly terminate, without notice, the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof, and you believe that any content hosted on our Website infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Copyright Agent with the following information, in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Network are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit our copyright agent to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  4. Information reasonably sufficient to permit our copyright agent to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Please note that our copyright agent will send a copy of such notices to both the individual that uploaded the allegedly infringing content and the creator of the social network where the content appears.

  1. Counter-Notification

If you elect to send us a counter notice, to be effective it must be a written communication that includes the following:

  1. A physical or electronic signature of the User.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which our copyright agent may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Our copyright agent only accepts counter-notices that meet the requirements set forth above and are received from the email address associated with the our copyright agent account you used to upload the content within 10 business days of our forwarding you the DMCA notice. You may submit your Counter Notification by sending it to our Designated Agent by mail or e-mail as set forth below in Section C.

  1. Designated Copyright Agent

The Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached here.

For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other communications related to the Website should be directed to the Website Creator. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

IF YOU DO NOT AGREE TO THE TERMS OF USE AND CONDITIONS HEREIN, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE. BY USING THE MALAR’S SERVICES OR ACCESSING THE COMPANY’S WEBSITE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.

 

 

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