AHA Digital Sales Terms of Use
Terms of Use
Last Updated May 10, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR REGISTERING FOR ANY PRODUCT OR SERVICE ON THIS WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF USE SET FORTH HEREIN, WITHOUT LIMITATION OR QUALIFICATION.
YOU MAY NOT ACCESS PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION TO FORM A BINDING CONTRACT WITH THE AMERICAN HEART ASSOCIATION (“AHA”), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU COMPLY WITH THE AGE OF MAJORITY AND LEGAL REQUIREMENTS IN YOUR JURISDICTION.
We may change these Terms of Use (“Terms”) from time to time. To ensure transparency and fairness, we will notify you of any significant changes by appropriate means such as by posting the revised policy on this page with a new “Last Updated” date. In some cases, you may be asked to agree again to our Terms, even if you have already agreed to accept them, because of changes and updates. Any changes to these Terms will become effective when posted unless indicated otherwise and your continued use of this site after a posted change in these Terms will constitute your acceptance of, and agreement to, such changes.
If you do not agree to any modification of the Terms, you may terminate your use of the Products by discontinuing use of them and informing us in writing via email of your decision to deactivate your unused license. You will not be entitled to any refund upon such termination.
The “Terms of Service” for this site are located HERE and are incorporated into these Terms.
1. Definitions
AHA: the words “AHA,” "us," "we," "our," and “licensor” refer to the American Heart Association, Inc.
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.
Products(s): refers to any courses, media, videos, eBooks, books, or USBs 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, and portable drives such as USB thumb drives.
(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.
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 end-users of this site or content. The words "you" and "your" refer to you, the User of the Products.
2. AHA Digital Products, Courses, and Subscriptions
(a) Digital Products, courses, and Subscriptions may be accessed only through a License purchased from the AHA or a company authorized by the AHA to distribute Licenses, or through a learning management system ("LMS Provider”). You are solely responsible for maintaining the confidentiality of your License, and for all activities, charges, or liabilities incurred through Use of the Products. Once you have redeemed a License or received access to a course, Digital Product, or Subscription, you may not transfer your License or access to a course or Subscription to another User.
(b) A License to a Digital Product or course grants you the right to register for a single course only. A Subscription grants access to the content of a single course or series of courses for a specified duration as defined at the time of purchase. If you wish to enroll in a different course, change your Subscription to a different course not included in your current Subscription, or to retake a course, you must acquire a new License or Subscription for each activity. You may review content of courses previously taken within the active License or Subscription period without needing to purchase an additional subscription. However, you may only claim course credits once for each License or Subscription term. Course credits may be claimed again for the same course in a subsequent subscription term if you complete the course within the term’s dates, but this requires enrollment in a new instance of the course.
(c) You warrant and represent that you have accurately identified yourself and that you are the individual who answers questions and takes any course for which you have registered, and that you will not answer questions or take a course on behalf of any other individual. We reserve the right to approve or reject any User or revoke and restrict your right to Use the Products, at any time and for any reason in our sole and absolute discretion.
(d) Some courses may entitle you to receive credits or course completion documentation; some courses will require a skills assessment or additional instruction from a training entity; and some courses will not entitle you to any credits or course completion documentation. It is your responsibility to consult the course description and determine whether credits or course completion documentation are offered and whether you qualify for them, or whether additional assessment or instruction is required. The fee for a License does not include any fees that may be charged by training entities for additional training or skills assessments. It is your responsibility to locate a training entity that can provide you with the necessary additional assessment or instruction and to obtain any available course credit or documentation.
3. Third Parties and Third-Party Sites
(a) The website may contain references or links to other websites, web pages, materials, information, and resources ("Third-Party Sites"). We are not responsible for and have no control over the accessibility via the Internet of any Third-Party Sites. Furthermore, you understand, acknowledge, and agree that we neither endorse nor are we otherwise responsible for or associated with any Third-Party Sites, and you should not assume or rely upon any information or content as having originated with or been approved by us or even that we are aware of the specific content, information, features, or capabilities available in connection with such Third-Party Sites. We are not responsible or liable, in any manner whatsoever, for, in connection with, or as a consequence of your use of any Third-Party Site, even if we are advised of the possibility that damages may result.
(b) You may have reached this website through an LMS Provider. An LMS Provider is also a Third-Party Site, and we are not responsible for and have no control over any services or products offered by the LMS Provider. We are not responsible or liable in any manner whatsoever for, in connection with, or as a consequence of your use of any LMS Provider, even if we are advised of the possibility that damages may result.
(c) The AHA is not responsible for or liable in any manner whatsoever, for, in connection with, or as a consequence of any representations, actions, or omissions of any Third Party, even if we are advised of the possibility that damages may result.
4. 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.
5. Compliance With Laws: You agree to comply with all local, state, and federal laws, statutes, rules, and regulations, as well as any foreign laws or international treaties, which are applicable to this Agreement, the performance of your obligations, and your Use of the Products. If you are outside of the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
6. Privacy: The AHA’s Privacy Statement discloses the information we collect about you in connection with your Use of this site and, if applicable, 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"). We ensure that such sharing is conducted in accordance with applicable data protection laws, providing clear information about these practices and obtaining your consent where required. 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) Disclosure to Accrediting Organizations: In addition to our use of your information as described above and in the Privacy Statement, you agree that we may share your information with accrediting organizations ("Accrediting Organizations"). for the purpose of issuing continuing education credits if the course and your participation is eligible for such credits. Once you accept these terms, you agree to our disclosure of this information to Accrediting Organizations. However, you have the right to withdraw your consent at any time, with the understanding that it may affect your ability to receive continuing education credits from the Accrediting Organizations.
(c) Disclosure to LMS Providers: In addition to our use of your information as described above and in the Privacy Statement, if you received your License from a Third Party that operates a Learning Management System Provider (“LMS Provider”) and you reached this website through the LMS Provider's system, you agree that we may share your information with the LMS Provider. Once you accept these terms, you agree to our disclosure of this information to the LMS Provider. However, you have the right to withdraw your consent at any time. If you have instructed the AHA not to share your information with an LMS Provider or withdraw your consent, you acknowledge and agree that you may not be permitted to take a course or receive a course card or documentation showing your completion of a course.
(d) You acknowledge and agree that we may use your email address and other contact information to send you administrative messages and status reports.
7. 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.
8. 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.
9. 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.
10. No Third-Party Beneficiaries: These Terms do not, and are not, intended to confer any rights or remedies upon any person other than you.
11. 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 or 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.
12. Severability: If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed modified to the minimum extent necessary to make it valid and enforceable and will not affect the validity or enforceability of the remaining provisions of these Terms.
13. Entire Agreement: These Terms, our Website Terms of Service, and our Privacy Statement, will be deemed the final and integrated Agreement between you and us on the matters contained in these Terms.
14. 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.
15. 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. However, this indemnification obligation does not apply to the extent that such claims, damages, liabilities, costs, and expenses result from the gross negligence or willful misconduct of the Indemnitees. 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.
16. 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 such termination or suspension will be conducted in a manner consistent with applicable laws. 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.
17. 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.
18. Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, 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, 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.