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.
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
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 WEBSITE, ITS 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
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:
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:
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.
8.5 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.
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:
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.
If you elect to send us a counter notice, to be effective it must be a written communication that includes the following:
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.
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.