AHA Digital Sales Terms of Sale
Terms of Sale
Last Updated May 10, 2024
1. Definitions
AHA: the words “AHA,” "us," "we," "our," “Seller,” and “licensor” refer to the American Heart Association, Inc.
Buyer: includes customers, licensees, and purchasers.
Content: refers to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained in a Product.
License: refers to the right granted to you to access course content and Subscriptions.
Product(s): refers to any courses, media, eBooks, books, USBs, training supplies, and other items offered through the Website. References to the Products also include any and all mirror, equivalent, comparable, replacement, substitute, or backup Products we make available to you in digital or electronic form.
(a) Physical Products include items such as, but not limited to, books, DVDs, portable drives such as USB thumb drives, training supplies and other items offered through the Website in physical form.
(b) Digital Products include eLearning courses, media, and eBooks.
i. The AHA does not guarantee continuous access to purchased Digital Products for any specific duration. Access to eLearning courses may remain available for up to 2 years following activation of the course license, unless a different term is specified on the product description page. For any Digital Products purchased on Professional Education Hub, activation of the course license is the date of purchase. Following release of a new edition of a Digital Product, the AHA typically allows access to the previous edition for a transitional period, which may extend for up to a year. This transitional period is intended to offer users adequate time to complete their courses or transition to the new edition. AHA reserves the right to revoke access to Digital Products at any time due to course discontinuation, updates, or any other reason within AHA’s discretion. AHA will inform Users of such changes in a timely manner, allowing for a smooth transition to the latest content.
ii. Premium Digital Products, are defined as those Digital Products sold through Professional Education Hub, including premium eLearning courses, eBooks, and media, which require additional one-time charges not included in free or paid Subscriptions.
(c) Subscriptions are those Products requiring recurring charges to maintain access for a defined duration as specified in the Product description.
Use: refers to direct or indirect access, use, display, viewing, exchange, communication, reproduction, transmission, or receipt of information, either with or without the aid of a machine or device, to, from, or through the Website.
User: encompasses customers, Buyers, and end-users of this site or content. The words "you" and "your" refer to you, the User of the Products.
Website(s): refers to the American Heart Association’s ShopCPR and the Professional Education Hub websites.
2. Order Acceptance and Renewal
(a) Product Ordering: By placing an order for Products on this Website, including the use of an order form for Subscriptions for orders outside the US, you are creating an offer to buy all Products listed in your order. We may choose not to accept any order in our sole discretion. Once the AHA accepts your order, we will send you a confirmation email with your order number and item details.
(b) Automatic Renewal: If your order is subject to automatic renewal, you will be notified during the ordering process. We commit to providing clear and transparent notification regarding the terms of automatic renewal, including any changes to terms or rates, to ensure compliance with global consumer protection standards. The automatic renewal and cancellation terms, as defined in the Product description or provided during the ordering process, are hereby incorporated into this Agreement. Prior to each subsequent renewal, you will be notified of the rate and Terms then in effect. This notice will be delivered to you at the email address you provided during the checkout process. You are responsible for the accuracy of all contact information that you provide to us and for keeping us informed of any pertinent changes to your contact information. To ensure compliance with global regulations, we will obtain your express consent before any automatic renewal where required by local laws. Absent written notice from you, we will continue to communicate with you through the email address you have provided to us.
(c) Subscriptions: Notwithstanding anything elsewhere contained herein, the following terms are specific to Subscriptions:
i. Subscription Term: The term of each Subscription is defined at the time of purchase and in the renewal notice that will be sent prior to the renewal date.
ii. Subscription Units Added Mid-Subscription Term: You may add more subscription units (e.g., seats or collections) to a Subscription during a Subscription term on the Website for orders in the US. For Orders outside of the US, you must use an order form to add Subscription units. The per-unit pricing for those additional Subscription units will be as specified on the order form of the underlying Subscription (or, absent such specification, at the same per-unit pricing as the underlying Subscription pricing), prorated for the portion of that Subscription term remaining at the time the Subscription units are added. Any such additional Subscription units will renew or terminate on the same date as the underlying Subscription. Subscription units relating to a service cannot be decreased during a Subscription term for that service.
3. Prices and Payments
(a) Prices: All prices posted on this site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such price changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes (unless tax exempt documentation is on file with the AHA or as required by specific local regulations) and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Notwithstanding the foregoing, Subscriptions are subject to price changes and will be reflected in their renewal notices.
(b) Payments
i. Credit Cards: Unless otherwise agreed to by us in an agreement signed by both parties, payment must be received by us before our acceptance of an order. We accept American Express, Discover, Mastercard, and Visa for non-invoice purchases under $10,000 US dollars unless otherwise agreed to in writing by the AHA. You represent and warrant that (a) the credit card information you supply to us is true, correct, and complete; (b) you are duly authorized to use such credit card for the purchase; (c) charges incurred by you will be honored by your credit card company; and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes, shipping and handling and fees, if any.
ii. Invoices: When approved for invoice purchasing, Buyer shall pay all invoiced amounts due to Seller within 30 days from the date of such invoice, except for any amounts disputed by Buyer in good faith. Buyer shall make all payments in accordance with the payment methods outlined within the invoice.
iii. Unsatisfactory Account Status: When Buyer is an invoice customer, Buyer shall furnish Seller with statements evidencing Buyer’s financial condition as Seller may, from time to time, reasonably request, and shall notify Seller immediately of any and all events that may have a material adverse effect on Buyer’s business or financial condition. If Seller determines that Buyer’s financial condition or creditworthiness is inadequate or unsatisfactory, then in addition to Seller’s other rights, Seller may without liability or penalty take any of the following actions:
1. Accelerate all amounts owed by Buyer to Seller under these terms
2. On written notice, modify the payment terms specified in these terms for outstanding and future individual transactions, including requiring Buyer to pay cash in advance
3. Cancel any previously accepted, open purchase orders
4. Delay any further shipment of Products to Buyer; or
5. Any combination of the above.
6. Cancel on-going subscriptions and/or deactivate unused products
7. Give, change, or remove a Buyer’s ability to buy through invoice purchases at the Seller’s sole discretion
(c) Late Payments: Except for invoiced payments that Buyer has successfully disputed, if permitted under applicable Law, Buyer shall pay interest on all late payments, at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Regardless of any restrictions on interest under the applicable Law, Buyer shall also reimburse Seller for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. In addition to all other remedies available under these terms or at law (which Seller does not waive by the exercise of any rights under these terms), if Buyer fails to pay any amounts when due under these Terms, Seller may (a) suspend the delivery of any Products, (b) reject Buyer’s purchase orders pursuant to these Terms, (c) cancel accepted purchase orders pursuant to these Terms, (d) reject any future purchase orders, and/or ( e) Cancel on-going subscriptions and/or deactivate unused products.
(d) No Setoff Right: Buyer shall not, and acknowledges that it will have no right, under these Terms, any purchase order, any other terms, agreements, document, or law, to withhold, offset, recoup, or debit any amounts owed (or to become due and owing) to Seller, whether under these Terms or otherwise, against any other amount owed (or to become due and owing) to it by Seller, whether relating to Seller’s breach or nonperformance of these Terms, any purchase order, any other agreement between (a) Buyer and (b) Seller, or otherwise.
4. Shipments and Delivery
(a) Physical Products: we will arrange for the shipment of the Physical Products to you if shipping is available to your location. Please check the individual Product page for specific delivery options. Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
(b) Digital Products: Digital Products are delivered upon completion of the successful order. However, delivery may be delayed in the event of technical issues. We will make all reasonable efforts to resolve any delays promptly and keep you informed about the status of your order.
5. Returns and Refunds
(a) Return of Products: Returns are processed according to the return policy found on the Website from which the Product was purchased. For Physical Products purchased from ShopCPR, a Return Merchandise Authorization (RMA) # must accompany all returns of physical goods purchased. Should an item in your order require a return, you must contact ShopCPR Customer Support to obtain an RMA # prior to shipping your return. For more details on the return process for products purchased on ShopCPR, please visit ShopCPR Returns. For more details on the return process for products purchased on Professional Education Hub, please visit https://store.education.heart.org/returns
(b) Refund Policies
i. Nonrefundable
1. Subscriptions are generally nonrefundable and nonreturnable. However, you have a 14-day period from the date of purchase during which you may cancel your subscription for a full refund, provided that you have not downloaded or streamed any digital content. After this period, Subscriptions may be cancelled prior to the renewal date as specified in the renewal notification email.
ii. Refundable
1. Limited Right of Refund for Non-Subscription Products: If authorized to return Products under these terms, you will receive a refund of the original purchase price of the item.
After we confirm that a refund is authorized, refunds are processed within approximately five (5) business days of receipt of the merchandise for customers within the United States and within approximately twenty (20) business days of receipt of the merchandise for customers outside the United States. Please note that once we process a refund, it may take an additional 3-5 business days for your bank or credit card company to process the refund payment and reflect it in your account. Refunds will be credited back to the same payment method used to make the original purchase on the site.
6. WARRANTY:
(a) DIGITAL PRODUCTS
NO WARRANTIES FOR DIGITAL PRODUCTS; DISCLAIMER: THE COURSES AND THE PRODUCTS ARE MADE AVAILABLE FOR YOUR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE OR NON-INFRINGEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE OR OTHERWISE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE COURSES OR PRODUCTS ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR TIMELY FOR USE OR RELIANCE BY YOU OR ANY OTHER PARTY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
(b) LIMITED WARRANTY FOR PHYSICAL PRODUCTS
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BASED ON JURISDICTION. WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NO ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
Who May Use This Warranty?
a. This limited warranty extends only to the original purchaser of Products from the site. It does not extend to any subsequent or other owner or transferee of the Product.
b. What Does This Warranty Cover?
i. This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in Products purchased from the site.
c. What Does This Warranty Not Cover?
i. This limited warranty does not cover any damages due to
1. Transportation
2. Storage
3. Improper Use
4. Failure to follow the Product instructions
5. Modifications
6. Combination or use with any Products, materials, processes, systems, or other matter not provided or authorized in writing by the AHA
7. Normal wear and tear
8. External causes such as accidents, abuse, or other actions or events beyond our reasonable control
d. What Is the Period of Coverage?
i. This limited warranty starts on the shipment received date for Physical Products or the purchase date for Digital Products and lasts for thirty (30) days, or the “Warranty Period.” The Warranty Period is not extended for replaced warranted Product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
e. What Are Your Remedies Under This Warranty?
i. With respect to any defective Products during the Warranty Period, we will, in our sole discretion, either (a) replace such Products free of charge or (b) refund the purchase price of such Products. We will also pay for shipping and handling fees to return the replacement Product to you if we elect to replace the defective Products.
f. How Do You Obtain Warranty Service for Physical Products?
i. To obtain warranty service, contact the Customer Service Department, as listed on the Contact section of the website, during the Warranty Period to obtain a Return Merchandise Authorization (RMA) number. No warranty service will be provided without an RMA number.
7. Compliance With Laws: You agree to comply with all applicable laws and regulations. You may not export or re-export any Product, Content, or any copy or adaptation of such Content.
8. Privacy: The AHA’s Privacy Statement discloses the information we collect about you in connection with your Use of this site and the purchase of Products, courses, or services through this site; how we use such information; the steps we take to secure such information; how you can view and correct such information; and how you can decline to have information about you collected or used. Click here to view the Privacy Statement, which is incorporated herein by reference.
(a) Course Information: In addition to our use of your information as described in the Privacy Statement, we may collect your responses to course questions and other information you transmit in taking courses or using the Products for managing our training courses and to provide you with the appropriate training material and course completion certificate(s). We may also share your information with Third Parties, who are organizations, individuals, instructors, Training Centers, and/or Training Sites that utilize your course(s) as part of their training activities or resellers or distributors of Licenses ("Training Entities"). Once you accept these terms, you agree to our disclosure of this information to designated Training Entities. However, you have the right to withdraw your consent at any time with the understanding that it may affect your ability to receive course documentation or completion certificates if you opt out of information sharing with Training Entities.
(b) You acknowledge and agree that we may use your email address and other contact information to send you administrative messages and status reports.
9. Force Majeure: We will not be liable or responsible to you, or be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
10. Assignment: You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation without prior written consent is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
11. No Waivers: The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing referring to these Terms and signed by a duly authorized representative of each party.
12. No Third-Party Beneficiaries: These Terms do not, and are not, intended to confer any rights or remedies upon any person other than you.
13. Notices
(a) To You: We may provide any notice to you under these Terms by (a) sending a message to the email address you provide or (b) by posting to the site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us: To give us notice under these Terms, you must contact us as follows: by overnight courier, registered, certified mail, or other trackable mail services to Attention General Counsel, American Heart Association, 7272 Greenville Ave, Dallas, TX 75231. We may update the address for notices to us by posting a notice on the site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
14. Severability: If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
15. Entire Agreement: Our order confirmation, these Terms of Sale, Website Terms of Service, and Privacy Statement, will be deemed the final and integrated Agreement between you and us on the matters contained in these Terms.
16. Intellectual Property Rights
(a) The Products and all text, graphics, images, logos, icons, programs, software, code, data, schema, content, information, reports, and materials made available to you in connection with your Use of this site and/or the Products, whether tangible or intangible, in any form and on or in any media, and all intellectual property rights in and to the same (hereinafter the "Intellectual Property") are proprietary to us or are owned by us or our licensors or suppliers. You may not use the Intellectual Property, except as specifically permitted under this Agreement. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works from, reverse engineer, or distribute the Intellectual Property in any way. Any and all rights not expressly granted by this Agreement, whether existing now or arising in the future, are hereby expressly reserved by us.
(b) We reserve the unconditional right (but not the obligation) to remove, move, or edit any information, data, text, graphics, content, or other materials that we consider to be in violation of any of the terms of this Agreement. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of any such activities.
17. Dispute Resolution
(a) Invoice Disputes: Buyer shall notify Seller in writing of any dispute with any invoice (along with substantiating documentation) within thirty (30) days from the date of such invoice. Buyer will be deemed to have accepted all invoices for which Seller does not receive timely notification of disputes and shall pay all undisputed amounts due under such invoices within the period set forth in these Terms. The Parties shall seek to resolve all such disputes expeditiously and in good faith. In the event of a dispute related to credit card charges, Buyer may raise a chargeback with the issuing bank; however, Buyer agrees to inform Seller of the chargeback request to allow for resolution between the Parties. Notwithstanding anything to the contrary, Buyer shall continue performing its obligations under these Terms during any such dispute, including, without limitation, Buyer’s obligation to pay all due and undisputed invoice amounts.
18. Indemnification and Liability
(a) Indemnification: You agree to indemnify, defend, and hold harmless the AHA, its vendors, licensees, licensors, agents, employees, officers, directors, or volunteers (the “Indemnitees”) from and against any and all losses, damages, liabilities, fees, and costs, including without limitation attorneys' fees and court costs, which may arise or are incurred by the Indemnitees in connection with any liability, damages, claims, or actions arising from your breach or alleged breach of this Agreement or your use of the Products. No settlement or compromise that may adversely affect the Indemnitee's rights or legally obligate an Indemnitee shall be made or entered into by you without the Indemnitee's prior written approval.
(b) Limitation of Liability: Termination is your sole right and exclusive remedy for any claims or cause of action arising from the courses, the Products, the Website, or your use thereof. Upon termination by you or by us, your right to use the Products shall immediately cease.
(c) UNDER NO CIRCUMSTANCES WILL THE AMERICAN HEART ASSOCIATION, ITS VENDORS, LICENSEES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT (STRICT LIABILITY OR OTHERWISE), INCLUDING WITHOUT LIMITATION: LOSS OF VALUE, LOSS OF USE, LOST ANTICIPATED PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF GOODWILL OR OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NEITHER THE AMERICAN HEART ASSOCIATION, NOR ITS VENDORS, LICENSEES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR VOLUNTEERS, SHALL BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR LICENSES, GOODS, SERVICES OR TECHNOLOGY WITHIN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH ANY CLAIM AROSE. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT AND YOUR USE OF THE SITE OR THE SERVICES. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
19. Termination: We may terminate this Agreement and/or otherwise restrict, suspend, or terminate your use of the Products, in whole or in part, at any time in our sole and absolute discretion, immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies that are available to us or that may be available to you under any separate written agreements you may have entered into with us. Any obligations and duties of the parties that by their nature would continue beyond the expiration or termination of this Agreement shall survive any expiration or termination of this Agreement for any reason.
20. Subject Headings: The subject headings of the sections, paragraphs, and subparagraphs of this Agreement are included herein solely for the purposes of convenience and reference, and will not be deemed to explain, modify, limit, amplify, or aid in the meaning, construction, or interpretation of any of the provisions of this Agreement.
21. Choice of Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to its conflict of laws principles. Any dispute arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Dallas County, Texas, USA and each party hereby consents to the personal jurisdiction and venue of these courts and waives any jurisdictional, venue, or inconvenient forum objections to such courts.