Terms & Conditions
MASTER SERVICE AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING CERTAIN LIMITATIONS AND EXCLUSIONS. YOUR USE OF THE WEBSITE AND SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE, YOU MAY NOT USE THE WEBSITE AND SERVICES.
Welcome to Lifework Education Inc., and its affiliates (collectively, “we,” “us” or “Lifework”). The following constitute the Terms and Conditions to which Customer agrees when ordering any Services from Lifework Education Inc. (Agreement). Lifework Education Inc. reserves the right to review and update these Terms and Conditions periodically.
For the purposes of this Agreement, references to “you” or “Customer” will refer to the person or entity to whom or to which Lifework will be providing any combination of Services, Products, and Programs. In addition, Lifework Education Inc. and Customer are sometimes collectively referred to herein as the “Parties.” Our website, including, but not limited to, all its features and content (“Website”), is a service provided by Lifework. All Services (defined below) provided by Lifework, whether directly or through the Website, shall be used only in accordance with the following terms and conditions of use (“Terms”). If you have any questions or comments regarding these Terms, please contact Lifework Education Inc. at (530) 384-5172.
- Prevailing terms and conditions Please note that this Agreement and all other Lifework pre-contractual documentation shall not constitute an offer. All services provided by Lifework are governed by these Terms and Conditions, and if you wish to engage any Lifework Education Inc. Services, we shall provide them only if you accept these Terms. If you offer to engage Lifework Education Inc. under your own terms and conditions, then we shall accept your offer only subject to the Terms and Conditions set out in this Agreement, which shall, if we provide the services you offer to engage, prevail over any other terms and conditions.
- Prices and discounts. The purchase of Services, Products, and Programs are subject to the following:
- the prices set out for the relevant product on our website at the time of purchase; and
- the purchase of Training Courses and Training Materials includes the granting of a non exclusive, non-transferable license to use the Training Materials and the Documentation on the terms of such license, as specified in the Order.
Notice of new pricing will be given in advance, but Lifework reserves the right to change prices listed without notice. Discounts may be available on training courses. Any applicable discounts will be laid out in the Order.
- Services, Products, and Programs. In consideration for the fees paid, Lifework Education Inc. shall provide some or all the following services:
- Training and certification
- Classroom Training
- Virtual eLearning (Online training)
- Instructor-led in real time
- Self-directed by the student
- Blended Learning (a combination of learning delivery methods)
Please note that we reserve the right to change the course content of any Training Course at any time and without notice.
- From time to time, Lifework Education Inc. may make certain Products available for Customer to purchase. The term “Products” means the items described on the Website, as that list may be updated or amended from time to time. All Product purchases are subject to these Terms.
- From time to time, Lifework Education Inc. may make certain Programs available for Customer to purchase. The term “Programs” means those programs (other than Services) described on the Website, as that list may be updated or amended from time to time. All Program purchases are subject to these Terms.
- AED program management (including all regulatory requirements)
- Equipment installation, maintenance and servicing, and tracking
- Customer communications and support
- Software use and support
These terms and conditions and the provision of our services will be governed by and construed in accordance with governing law.
- Customer’s Service Requirements. For Lifework Education Inc. to accurately provide these Services, Customer agrees to comply with the following requirements, which are collectively referred to herein as the “Service Requirements”:
- identify a contact person in your organization who will serve as the main communication conduit between Customer and Lifework (“Customer Contact”), and provide Lifework Education Inc. with the Customer Contact’s e-mail address;
- register an Account for Customer on the Website;
- provide Lifework Education Inc. with all information and updates required in connection with the Services, or any other information and updates as requested in writing by Lifework Education Inc.;
- follow all protocols, policies, procedures and guidelines communicated to you by Lifework Education Inc., including, but not limited to, these Terms and any manufacturers’ guidelines; and
- follow all local, state and federal statutes, rules and regulations applicable to the services, products, and programs provided. If you fail to satisfy any of the Service Requirements
- you will immediately assume full responsibility and liability for compliance with all local, state and federal laws associated with the services, products, and programs;
- Lifework will be released from all rights, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, suits, debts and demands, of whatever character, in law or in equity, known or unknown, direct or indirect, arising out of or related to the services, products, and programs; and
- any warranties made by Lifework with respect to the Services is void.
Aside from Lifework Education Inc’s suspension of performance of its obligations under these Terms, the remainder of the Terms, including but not limited to your payment and indemnification obligations, shall remain in full force and effect.
- Termination. Except as otherwise provided herein, the Terms remain in full effect for the period of the Agreement, including periods in which certain Services may be suspended. Lifework reserves the right, in its sole and absolute discretion, to terminate your use of the Website and Services at any time upon 30 days prior written notice, provided that Lifework Education Inc. may terminate the Agreement and your use of the Website and Services immediately if you fail to pay any fee within 30 days of its due date. You may terminate your use of the Website and Services upon 30 days prior written notice to Lifework at the address listed below. You acknowledge and agree that upon termination, (a) you will no longer have use of the Website and Services, nor will you be entitled to purchase Products or Programs; (b) you will assume all obligations and duties associated with your services, products, and programs; (c) you will return all documents provided to you by Lifework within 30 days of termination; and (d) Lifework will not refund any portion of any fees for services, products, or programs.
- Limited Warranties. The success of the Website and the delivery of Services, Products, and Programs depends on the Customer’s compliance with the Service Requirements. Upon Lifework’s receipt of written notification of any problems with the Website and/or Services, Products, and Programs, Lifework, in its sole and absolute discretion, may choose to take corrective action to remedy such problems or give the Customer a refund; provided, however, Customer acknowledges that in no event shall Lifework’s liability exceed the amount of any fees paid to Lifework by the Customer. Without limiting the foregoing, Customer hereby acknowledges and agrees:
- These limited warranties are conditioned upon Customer’s compliance to these Terms, including, without limitation, Customer’s compliance with the provisions of Sections 2 and 3, and should Customer fail to comply with these Terms, these limited warranties are void.
- Customer’s use of the website and services is solely at customer's own risk. The website and services are provided with all faults on an "as is" and "as available" basis.
- Customer acknowledges and agrees that Lifework Education Inc. is not the manufacturer of any Products that may be supplied to Customer under these Terms. As such, Lifework Education Inc. makes no warranties whatsoever, and expressly disclaims any implied warranties, with respect to any Products. Customer shall look solely to the manufacturer of such Products for any warranty claims related to such Products.
- Lifework Education Inc. warrants that any Programs that it supplies directly (i.e., not through a third-party) will be provided consistent with generally accepted standards in the relevant field. Customer acknowledges and agrees that Lifework Education Inc. may provide Programs through third-parties. With respect to Programs provided through third-parties, Lifework Education Inc. makes no warranties whatsoever, and expressly disclaims any implied warranties. Customer shall look solely to provider of such Programs for any warranty claims related to those Programs.
- Except as set forth in this section 4, Lifework Education Inc. makes no representation or warranty of any kind, express or implied, with respect to any services, products, or programs. Lifework expressly disclaims all implied warranties of noninfringement, merchantability, and fitness for a particular purpose.
- Indemnification. Customer shall indemnify, defend, and hold harmless Lifework Education Inc. and its affiliates, successors, and assigns, from any and all liabilities, claims, and expenses, including, but not limited to, attorneys’ fees and costs, that arise from Customer’s violation of the Terms or Customer’s use of the Website, Services, Products, or Programs. Lifework Education Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with Lifework Education Inc. in asserting any available defenses.
- Intellectual Property. Customer shall not use Lifework Education Inc.’s name, trademark, trade name, service mark or logos (whether registered or not), in any manner whatsoever without Lifework’s prior written consent. Customer acknowledges that Lifework has copyright rights in all of its written and online materials, and Customer shall not copy or distribute those materials without a license, or otherwise infringe on Lifework’s copyright rights. Customer’s use and/or receipt of the Website and Services in no way limits Lifework’s right, title and interest thereto, including, but not limited to, any copyright and patent rights.
- Limitation of Liability. Lifework Education Inc.’s maximum liability under these Terms will not exceed the amount of the fees paid by Customer for the Service, Product, or Program with respect to which the claim of liability relates. Lifework will not be liable for any indirect, special, incidental, consequential or exemplary damages that result from the use of, misuse of, failure to use, inability to use or reliance upon the Website and Services, or from the products or programs. Customer’s rights may vary from state to state. Some states do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
- Events Outside Our Control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control. Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
- Waiver. If Lifework Education Inc. fails, at any time during the term of this License, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- Notice. Any notice required or permitted to be given by either party to the other under these Terms shall be in writing.
- Survival. Sections 7, 8, and 9 herein shall survive the expiration or earlier termination of this Agreement.
- Miscellaneous. These Terms constitute the entire agreement between you and Lifework Education Inc. with respect to the Website, Services, Products, and Programs, except for an Order or Annual Fee Agreement, and supersede all prior oral and written agreements. Section headings used in these Terms are for convenience only and shall not be used in interpreting its provisions. If Customer is an existing customer of Lifework, these Terms are not intended to replace or modify your existing Service Agreement with Lifework Education Inc. until such existing Service Agreement terminates and/or is not renewed by Lifework Education Inc., in which case these Terms shall apply. Lifework Education Inc. reserves the right, in its sole and absolute discretion, to update or revise the Terms at any time without providing notice to Customer. Please check the Terms periodically for changes. Customer hereby acknowledges and agrees that your continued use of the Website and Services following the posting of any changes to the Terms constitutes acceptance of those changes. If any provision of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the Parties’ original intentions. These Terms are not intended to create, nor shall they be interpreted or construed to create any third-party beneficiary rights in any person not a party hereto. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules. The exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Website, Services, Products, and Programs shall be initiated and maintained only in the state or federal courts located in Delaware.
Customer hereby submits to the exercise of personal jurisdiction and venue of such courts for the purpose of litigating any such claim or action. Lifework Education Inc. will deliver all notices or other communications required by these Terms or permitted as part of your use of the Website, Services, Products, and Programs to the Customer Contact at the e-mail address provided. All notices or other communications sent by you to Lifework Education Inc. shall be addressed to:
Lifework Education Inc.
PO Box 43489
Cleveland, Ohio 44143
Orders In Lifework Marketplace
All digital goods (including HeartCode, Online Keys, digital products, etc..) are non-refundable as soon as the order has been fulfilled. No refunds will be offered on materials/books once they have been shipped out or picked up by the student.
Open Enrollment – Individuals:
If for any reason a class is cancelled by Lifework Education Inc. or Affiliate, we will inform registered students immediately and they will have the option to reschedule to another class or to request a full refund.
If a student is unable to attend a class and provides a notice of cancellation at least 3 business days before the class, the student is eligible to receive a full refund.
Less than 3 days (72 hours) but more than 1 day (24 hours) notice of cancellation, students are eligible for a 50% refund.
No shows, cancellations with less than 1 day (24 hours) notice, late or unprepared students are NOT eligible for a refund. Students are offered the chance to reschedule with a $25 administration fee. The rescheduled class must take place within 60 days from the originally scheduled class.
Employer Sponsors and Group Training:
Payment Terms & Student Certification Cards
All estimated attendance counts will be confirmed 2-3 business days prior to each class. Client shall be invoiced for each class based on the confirmed estimated attendance count or the actual number of students who attend each class, whichever is greater. Classes with less than 8 students either confirmed or attending the class shall be invoiced at our minimum invoice rate of 8 students per training session unless contractually agreed to otherwise. Lifework Education Inc. will invoice Client within 3 business days for all products or serviced delivered. Payment terms are Net 10 of the invoice date. Invoices not paid within thirty (30) days of the invoice date are subject to an interest rate of 1.5% per month. Client shall be responsible for all fees and costs advanced or due by Lifework Education Inc. to collect such late amounts. These fees and costs shall include, without any limitation, attorney fees, collection agency fees and other fees allowed by law. This Section shall survive termination of this Agreement.
Student certification cards shall not be issued until payment in full has been received from Client unless contractually agreed to otherwise. Student certification cards will be issued in digital (PDF) format.
Class Cancellation & Rescheduling Policy
Training or Services rescheduled or cancelled on or greater than 3 business days notice will be invoiced at 50% of the full class rate (based on the estimated student count provided 2-3 days before the class).
Training or Services rescheduled or cancelled 2 business days or less notice will be invoiced at the full class rate (based on the estimated student count provided 2-3 days before the class).
This cancellation and rescheduling policy shall not be enforced for classes cancelled due to inclement weather, or natural/man-made disasters, however, a mandatory rescheduling of the Training or Services is required.
These terms apply to all Employer Sponsors or Group Training Classes where an invoice is issued by Lifework Education Inc. or Affiliate unless otherwise specified by a separate contractual agreement executed between parties.
All orders are processed within 1-2 business days (excluding weekends and holidays) after receiving your order confirmation email. You will receive another notification when your order has shipped.
Please be aware that potential delays may occur due to postal service problems that are outside of our control.
Domestic Shipping Rates
Estimated delivery time
3 to 4 Business Days
At this time, we only offer international shipping to Canada
Estimated delivery time
6 to 10 business days
Your order may be subject to import duties and taxes (including VAT), which are incurred once a shipment reaches your destination country. Lifework Education is not responsible for these charges if they are applied and are your responsibility as the customer.
How do I check the status of my order?
When your order has shipped, you will receive an email notification from us which will include a tracking number you can use to check its status. Please allow 48 hours for the tracking information to become available.
Please contact us for any questions or concerns at Store@lifework.edu with your name and order number, and we will investigate it for you.
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information. If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.
How we use your information
Lifework Education inc. use the information we collect in various ways, including to:
- Provide, operate, and maintain our website
- Improve, personalize, and expand our website
- Understand how you use our website
- Develop new products, services, features, and functionality
- Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to our services, and for marketing and promotional purposes
- Send you reminder emails & text messages
- Find and prevent fraud
Data Protection Rights
Lifework Education Inc. would like to make sure you are aware of your data protection rights. Every client is entitled to the following:
- The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.
- The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
- The right to erasure – You have the right to request that we erase your personally identifiable data, under certain conditions.
- The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
- The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
- The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
- The right to get answers – You have the right to ask questions about direct marketing, your data and privacy.
If you make a request, we have one month to respond and comply. If you would like to exercise any of these rights, please contact us at firstname.lastname@example.org
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity. Lifework serves a general audience and does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately at email@example.com and we will do our best efforts to promptly remove such information from our records.
What are cookies and how do we use them?
There are several types of cookies that we use on our website:
- Essential Cookies: These cookies are necessary for the website to function properly. They enable you to use our website and enable us to provide the services you request.
- Analytics Cookies: These cookies help us to understand how our website is being used, so that we can make improvements to the user experience.
- Advertising Cookies: These cookies are used to show you customized ads that are relevant to your interests.