TERMS OF USE
Effective Medical Training, LLC
www.effectivemedicaltraining.com
Effective Date: March 10, 2026
Last Updated: March 10, 2026
The following terms and conditions (“Terms of Use” or “Terms”) govern your access to and use of the website, services, educational content, training programs, and other resources provided by Effective Medical Training, LLC (“EMT,” “we,” “us,” or “our”), located at www.effectivemedicaltraining.com (the “Website”). These Terms of Use, together with our Privacy Policy (available at www.effectivemedicaltraining.com/privacy-policy), constitute the complete agreement between you and EMT regarding your use of the Website and Services (collectively, this “Agreement”). In the event of any conflict between these Terms of Use and the Privacy Policy, these Terms of Use shall control, except with respect to the collection, use, and processing of personal data, in which case the Privacy Policy shall control.
BY ACCESSING OR USING THE WEBSITE, CREATING AN ACCOUNT, ENROLLING IN ANY COURSE OR TRAINING PROGRAM, ATTENDING ANY LIVE SEMINAR OR WEBINAR, OR OTHERWISE USING ANY OF OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE OR SERVICES. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS.
Any new features, tools, content, or services added to the Website or Services shall be subject to these Terms of Use. EMT reserves the right to update and modify these Terms at any time by posting updates to the Website. We recommend that you review these Terms periodically. Your continued use of the Website or Services following any update constitutes your acceptance of the revised Terms. If you do not agree to any update, you must discontinue use of the Website and Services.
1. Definitions
In these Terms of Use, the following terms have the meanings set forth below:
“Account” means the user account created through the Website or our LMS platform for accessing and using the Services.
“AI Technologies” means systems and components of systems comprising software developed with machine learning, artificial intelligence, statistical, or other mathematical techniques or approaches, which may generate outputs such as content, predictions, recommendations, or decisions; and including associated algorithms, models, parameters, code, data, processes, and tools of any kind.
“Client” means any third-party company, brand, or entity whose products, services, or programs are the subject of, or are referenced in, EMT’s Training Programs or educational content.
“Confidential Information” means any non-public business, technical, financial, operational, or strategic information disclosed by EMT, its Clients, or their respective affiliates during or in connection with the Services, including but not limited to proprietary formulations, product specifications, pricing, customer lists, marketing strategies, business plans, regulatory submissions, and any information designated as confidential. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure without any obligation of confidentiality; (c) is rightfully received from a third party without restriction; or (d) is independently developed without use of Confidential Information.
“Content” means all content including videos, files, data, graphics, photos, links, text, quizzes, assessments, certificates, AI-generated content, and any other materials available through the Website or Services.
“LMS” means the learning management system through which EMT delivers its online courses and Training Programs.
“Services” means all features, tools, content, educational programs, training courses, webinars, seminars, and functionality provided by EMT through the Website, the LMS, live events, affiliated websites, and any third-party platforms or applications through which EMT delivers content.
“Training Materials” means all course content, curricula, manuals, guides, handouts, presentations, videos, assessments, quizzes, certificates, templates, workbooks, and other materials created, compiled, or provided by EMT in connection with Training Programs.
“Training Programs” means any educational course, certification program, onboarding program, compliance training, continuing education program, webinar, seminar, workshop, or other training offered or provided by EMT through any medium.
“User” or “you” means any individual or entity that accesses the Website, creates an Account, enrolls in any Training Program, attends any live event, or otherwise uses any of the Services.
2. Account Terms
You agree to the following terms relating to your Account:
2.1 Subject to your compliance with these Terms of Use, you are granted a revocable, limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services in accordance with these Terms.
2.2 You must be at least eighteen (18) years of age or the age of majority in the jurisdiction where you reside to create an Account and use the Services. If you are under eighteen (18), you may only use the Services with the consent and active involvement of a parent or legal guardian who has agreed to these Terms on your behalf.
2.3 To create an Account, you must provide your full legal name, a valid email address, and any other information required to complete the registration process. You are responsible for ensuring that your registration information is true, accurate, current, and complete at all times.
2.4 You acknowledge that EMT will use the email address you provide as the primary method of communication. EMT may send you service-related communications, course updates, newsletters, and promotional information about EMT’s products and services. You may opt out of promotional communications at any time by following the unsubscribe instructions included in each communication or by contacting us at [email protected].
2.5 You are responsible for maintaining the confidentiality and security of your Account credentials, including your password. EMT will not be liable for any loss or damage arising from your failure to maintain the security of your Account. You must promptly notify EMT if you become aware of any unauthorized access to or use of your Account.
2.6 You are responsible for all activity that occurs under your Account, whether or not authorized by you, including all Content accessed, courses enrolled in, and interactions with the Services.
2.7 EMT provides AI-powered tools and features as part of certain Services. You acknowledge that AI-generated content may be inaccurate, incomplete, or inappropriate. You are solely responsible for reviewing, verifying, and evaluating any AI-generated content before relying upon it. AI-generated content is for general informational and educational purposes only and does not constitute professional, legal, regulatory, or medical advice. EMT is not responsible for any consequences resulting from your use of or reliance on AI-generated content. You should not input Confidential Information or sensitive personal data into AI features.
2.8 A breach or violation of any provision of these Terms, as determined in the sole discretion of EMT, may result in immediate suspension or termination of your Account and access to the Services, with or without notice to you.
3. Scope of Services
3.1 EMT provides education, training, and compliance-related content and programs for distributors, sales representatives, and other professionals in the health, wellness, and cosmetic product industries. The Services include, but are not limited to, online courses delivered through the LMS, live in-person seminars and workshops, live and recorded webinars, downloadable Training Materials, certification and continuing education programs, and compliance training.
3.2 The Services may be delivered through the Website, the LMS, live events (in-person or virtual), affiliated websites, email communications, and third-party platforms and applications (including but not limited to YouTube and other media or social media platforms). Your use of third-party platforms is also subject to the terms of use and privacy policies of those platforms.
3.3 EMT reserves the right to modify, suspend, update, or discontinue any Service, Training Program, or Content at any time without prior notice. EMT shall not be liable for any modification, suspension, or discontinuation of the Services.
3.4 From time to time, EMT may offer access to beta or pre-release features, tools, or services that are not yet generally available (“Beta Services”). Beta Services are provided “AS IS” without warranty of any kind. EMT may discontinue Beta Services at any time and may never make them generally available. EMT shall have no liability for any harm arising from your use of Beta Services.
4. General Conditions of Use
The following general conditions apply to your use of the Services:
4.1 You must not, directly or indirectly:
Use the Services for any illegal or unauthorized purpose or in a manner that infringes, violates, or misappropriates any rights of any person, including intellectual property, confidentiality, or privacy rights;
Use the Services in a manner that is harmful, fraudulent, deceptive, misleading, threatening, harassing, defamatory, offensive, obscene, or otherwise objectionable as determined by EMT in its sole discretion;
Reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to discover the source code, underlying structure, ideas, or algorithms of any aspect of the Services, or build a similar or competitive product or service;
Circumvent or attempt to circumvent any access restrictions, security measures, or usage limitations of the Services;
Lend, sell, resell, lease, sublicense, transfer, assign, distribute, or otherwise make the Services or any Content available to any third party, except as expressly permitted by EMT;
Modify, translate, or create derivative works based on the Services, Content, or Training Materials, in whole or in part;
Upload, transmit, or use the Services to send or store malicious code, including any viruses, worms, Trojan horses, or other destructive software;
Use any robot, spider, scraper, bot, data mining tool, or other automated device to systematically access, copy, monitor, or extract any Content, data, or information from the Services;
Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
Share your Account credentials with any third party or permit any unauthorized person to access the Services through your Account;
Record, screen-capture, photograph, or otherwise reproduce any live webinar, seminar, workshop, or virtual training session without the express prior written consent of EMT;
Make any unauthorized claims, representations, or statements about EMT, any Client, or any Client’s products or services;
4.2 You acknowledge that your Content (not including payment information) may be transferred unencrypted and may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices.
4.3 Questions about these Terms should be directed to [email protected].
5. Training Programs and Educational Content
5.1 Educational Purpose Only. All Training Programs, Training Materials, and Content provided by EMT are for educational and informational purposes only. Nothing in the Services constitutes legal advice, regulatory advice, medical advice, diagnosis, treatment recommendations, or professional healthcare advice. You are solely responsible for seeking the advice of qualified legal counsel, regulatory consultants, healthcare professionals, and other advisors regarding your specific circumstances.
5.2 No Guarantee of Results. EMT does not warrant or guarantee that participation in any Training Program will result in certification, qualification, regulatory compliance, successful business outcomes, or any particular level of sales, profitability, or business success. Compliance with Training Program content does not ensure full regulatory compliance or prevent regulatory action.
5.3 Regulatory Guidance Disclaimer. Information provided regarding regulatory compliance, including references to FDA, FTC, state, or other regulatory requirements, is educational in nature. You are solely responsible for: consulting with qualified professionals regarding compliance matters; ensuring your business practices comply with all applicable laws and regulations; staying informed of changes in regulatory requirements; and obtaining all necessary licenses, permits, and approvals for your specific business activities.
5.4 Client Products and Services. EMT makes no warranties, representations, or guarantees regarding any Client’s products, services, business practices, or regulatory compliance status. Information provided about Client products is based on information supplied by the applicable Client. You should verify all product information independently.
5.5 No Warranty of Client Relationship. EMT does not warrant or guarantee that participation in Training Programs creates, establishes, or maintains any business relationship between you and any Client. Any such relationship is subject to separate agreements between you and the applicable Client.
5.6 Certification and Continuing Education. Where Training Programs include certification or continuing education components: (a) certifications are specific to the Training Program completed and do not constitute professional licensure or government certification; (b) you are solely responsible for determining whether any certification satisfies requirements applicable to your profession or jurisdiction; (c) EMT may modify certification requirements, continuing education curricula, or program content at any time; and (d) certifications may be subject to renewal, continuing education, or recertification requirements as specified by EMT.
5.7 Third-Party Content. Training Programs and the Services may include references to or content from third-party sources, including websites, research, publications, and other resources. EMT does not endorse, warrant, or guarantee the accuracy, completeness, or reliability of third-party content. You access third-party content at your own risk.
6. Intellectual Property
6.1 EMT Ownership. EMT owns and retains all right, title, and interest in and to: (a) the Website, Services, and all technology, software, algorithms, user interfaces, trade secrets, techniques, designs, inventions, and other tangible and intangible materials relating thereto; (b) all Training Materials, course content, curricula, and educational materials; (c) all trademarks, service marks, trade names, logos, and brand elements of EMT; and (d) all intellectual property rights related to any of the foregoing, including all modifications, derivative works, improvements, and enhancements thereof. No rights or licenses are granted except as expressly set forth in this Agreement.
6.2 Restrictions on Use of Training Materials. Unless expressly authorized in writing by EMT, you shall not: (a) copy, reproduce, distribute, publish, display, perform, modify, create derivative works from, transmit, or otherwise exploit any Training Materials or Content; (b) use Training Materials or Content for any commercial purpose, including resale, redistribution, or the creation of competing products or services; (c) remove, alter, or obscure any copyright, trademark, or other proprietary notices from Training Materials or Content; (d) share, transfer, or provide access to Training Materials or Content to any person who has not been authorized by EMT; or (e) use Training Materials or Content in any manner that exceeds the scope of the license granted herein.
6.3 Limited License to Users. Subject to your compliance with these Terms, EMT grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Training Materials and Content solely for your personal, non-commercial educational purposes in connection with the Training Programs in which you are enrolled. This license does not include the right to sublicense, distribute, modify, publicly display, or publicly perform any Training Materials or Content.
6.4 Client Intellectual Property. Training Materials may contain intellectual property belonging to Clients, including trademarks, trade names, logos, product names, proprietary formulations, and other proprietary information. Such Client intellectual property is used under license from or with the authorization of the applicable Client. You shall not use Client intellectual property except as expressly authorized in writing by the applicable Client.
6.5 Confidential Information. You acknowledge that Training Programs and the Services may expose you to Confidential Information of EMT and its Clients. You agree to: (a) maintain the confidentiality of all Confidential Information; (b) not use Confidential Information for any purpose other than your participation in the Training Programs; (c) not disclose Confidential Information to any third party without the prior written consent of the disclosing party; and (d) take all reasonable precautions to protect the confidentiality of such information. The obligations of confidentiality shall survive termination of these Terms indefinitely.
6.6 Feedback. If you provide EMT with any ideas, suggestions, feedback, or comments relating to the Services or Training Programs (“Feedback”), you hereby grant EMT an unrestricted, irrevocable, perpetual, royalty-free, worldwide license to use, modify, and incorporate such Feedback without any obligation to you, and you waive any claim to ownership or compensation.
6.7 Digital Millennium Copyright Act (DMCA). EMT respects intellectual property rights and responds to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act. If you believe that any Content available through the Services infringes your copyright, please submit a written notification to [email protected] containing: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material and its location on the Services; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized; and (e) a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
7. Privacy and Data
7.1 EMT’s collection, use, and disclosure of personal information in connection with the Services is governed by our Privacy Policy, available at www.effectivemedicaltraining.com/privacy-policy. By using the Services, you consent to the practices described in the Privacy Policy.
7.2 You acknowledge that EMT may use third-party service providers to deliver the Services, including but not limited to an LMS provider, form-building platforms, email marketing platforms, and analytics providers. Your use of the Services may be subject to the privacy policies and terms of use of these third-party providers. EMT is not responsible for the privacy practices or terms of third-party providers.
7.3 EMT does not sell your personal information. EMT does not collect, store, or process sensitive personal health information, protected health information (“PHI”), government-issued identification numbers, or financial account information through the Services, except as may be processed by third-party payment processors in connection with paid transactions.
7.4 Photography and Recording Consent. By participating in any live Training Program (in-person or virtual), you consent to being photographed, video recorded, and/or audio recorded during training sessions. EMT and its Clients may use such images, recordings, or likenesses for internal training documentation, marketing and promotional materials, training program improvement, and testimonials (with attribution unless you request anonymity). If you do not wish to be recorded, you must notify EMT in writing at [email protected] at least three (3) business days prior to the session. EMT will make reasonable accommodations but cannot guarantee that you will not appear incidentally in group settings.
7.5 Electronic Communications Consent. By creating an Account or providing your email address, you consent to receive electronic communications from EMT, including service-related notices, transactional emails, newsletters, and promotional communications. You may opt out of promotional communications at any time, but you may not opt out of service-related or transactional communications necessary for the operation of your Account.
8. Disclaimer of Warranties
8.1 YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, SERVICES, TRAINING PROGRAMS, TRAINING MATERIALS, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
8.2 EMT DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; (B) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR MEET YOUR NEEDS OR EXPECTATIONS; (C) THE QUALITY OF ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR BUSINESS REQUIREMENTS; (D) ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; (E) ANY THIRD-PARTY PRODUCTS OR SERVICES REFERENCED IN THE SERVICES WILL BE AVAILABLE OR MEET YOUR EXPECTATIONS; OR (F) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED.
8.3 EMT DISCLAIMS ALL LIABILITY FOR AI-GENERATED CONTENT. AI SYSTEMS MAY GENERATE INACCURATE RESULTS, MAY PRODUCE CONTENT THAT IS INCOMPLETE OR INAPPROPRIATE, AND MAY CREATE OUTPUTS THAT ARE CONTRARY TO LAW OR OTHERWISE UNDESIRABLE. EMT SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF AI-GENERATED CONTENT OR AI FEATURES WITHIN THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR INACCURATE RESULTS, UNINTENDED CONSEQUENCES, OR ACTIONS TAKEN IN RELIANCE UPON SUCH RESULTS.
8.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EMT, ITS EMPLOYEES, CONTRACTORS, OR THROUGH THE SERVICES, SHALL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS.
9. Limitation of Liability
9.1 Maximum Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMT’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SERVICES, OR YOUR USE OF THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF: (A) THE FEES ACTUALLY PAID BY YOU TO EMT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE; OR (B) ONE HUNDRED DOLLARS ($100.00).
9.2 Exclusion of Consequential Damages. IN NO EVENT SHALL EMT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, CLIENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, DATA, OR OTHER INTANGIBLE OR ECONOMIC LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF EMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 Allocation of Risk. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9 ARE FUNDAMENTAL AND ESSENTIAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND EMT. THESE LIMITATIONS REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF RISK. EMT WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS, AND THE PRICING OF THE SERVICES (IF ANY) REFLECTS THIS ALLOCATION OF RISK.
9.4 THE LIMITATIONS SET FORTH IN THIS SECTION 9 SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF ANY PORTION OF THIS SECTION IS HELD UNENFORCEABLE, THE REMAINING LIMITATIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.
10. Indemnification
10.1 You agree to defend, indemnify, and hold harmless EMT, its Clients, and their respective officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
Your access to or use of the Website, Services, Training Programs, or Training Materials;
Your breach of any provision of these Terms of Use;
Your violation of any applicable law, regulation, or the rights of any third party, including intellectual property rights, privacy rights, or contractual rights;
Any representations, claims, or statements you make regarding EMT, any Client, or any Client’s products or services;
Your distribution, marketing, sale, or promotion of any products or services in connection with any Training Program or Client relationship;
Any product liability claims, personal injury claims, property damage claims, or regulatory actions arising from your business activities;
Your unauthorized use, disclosure, or misappropriation of Confidential Information; or
Your negligent, reckless, or intentional acts or omissions.
10.2 The indemnification obligations in this Section 10 shall apply regardless of whether the claims arise in whole or in part from the negligence of any Indemnified Party, except for claims arising solely from the gross negligence or willful misconduct of an Indemnified Party as determined by a court of competent jurisdiction or an arbitrator.
10.3 The indemnification obligations set forth in this Section 10 shall survive the termination or expiration of these Terms.
11. EMT Rights
11.1 Right to Modify or Terminate Services. EMT reserves the right to modify, suspend, or terminate the Services or any portion thereof, for any reason, at any time, without prior notice and without liability.
11.2 Right to Refuse Service. EMT reserves the right to refuse access to the Services to any person or entity for any reason at any time.
11.3 Content Removal and Account Suspension. EMT may, but has no obligation to, monitor the Services and may remove any Content or suspend or terminate your Account if Content or activity violates these Terms. If EMT removes Content, EMT may provide notice of such removal, except where prohibited by law.
11.4 Verbal or Written Abuse. Verbal or written abuse of any kind (including threats) directed at any EMT employee, contractor, representative, Client representative, or other User will result in immediate termination of the User’s Account and access to Services.
12. Third-Party Platforms and Tools
12.1 The Services may be delivered through or integrate with third-party platforms, applications, and tools, including but not limited to learning management systems, form-building platforms, email marketing platforms, video hosting platforms, and other software services (collectively, “Third-Party Tools”). EMT provides access to such Third-Party Tools “as is” without any warranties, representations, or endorsement.
12.2 You acknowledge and agree that: (a) EMT is not a party to any terms or agreements between you and third-party providers; (b) EMT does not guarantee and is not responsible for the availability, content, functionality, security, or performance of Third-Party Tools; (c) your use of Third-Party Tools is at your own risk and subject to the terms and privacy policies of the applicable third-party providers; and (d) EMT shall have no responsibility or liability arising from your use of Third-Party Tools.
12.3 If you access EMT Content through a third-party platform (such as YouTube or other media platforms), you are also subject to that platform’s terms of use and community guidelines. EMT is not responsible for the policies or actions of third-party platforms.
13. Payment, Fees, and Refunds
13.1 Certain Services, Training Programs, or Content may require payment of fees. All fees will be as posted on the Website or communicated to you at the time of enrollment or purchase. EMT reserves the right to change pricing for the Services at any time upon reasonable notice.
13.2 Payments for paid Services are processed through third-party payment processors. You agree to comply with the terms and conditions of the applicable payment processor. EMT does not store or have direct access to your full payment card information.
13.3 All fees are in U.S. dollars and are exclusive of applicable taxes. You are responsible for all applicable taxes in connection with your use of paid Services.
13.4 Refund Policy. EMT does not provide refunds for any paid Services unless an error was made by EMT. All sales are final. In the event of a billing error attributable to EMT, you must notify EMT within thirty (30) days of the error, and EMT will issue a correction or refund as appropriate.
14. Account Termination
14.1 Termination by User. You may request termination of your Account at any time by contacting EMT at [email protected]. Upon termination, your access to the Services will be revoked, and your Content may be permanently deleted.
14.2 Termination by EMT. EMT may suspend or terminate your Account and access to the Services at any time, with or without cause, with or without notice, including for any violation of these Terms. EMT may also immediately suspend or terminate your Account if you become insolvent, file for bankruptcy, make an assignment for the benefit of creditors, or otherwise lose legal control of your business.
14.3 Effect of Termination. Upon termination: (a) your right to access and use the Services immediately ceases; (b) EMT may delete your Account and associated Content in accordance with our Privacy Policy; (c) EMT may retain copies of your Content and information as necessary for legal compliance, security, fraud prevention, and service improvement purposes; and (d) all provisions of these Terms that by their nature are intended to survive termination shall survive, including Sections 5 (Training Programs), 6 (Intellectual Property), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), and 15 (Dispute Resolution).
14.4 Billing After Termination. If you terminate your Account during a billing period, your payment covers service access for the entire billing period. No prorated refunds will be issued for partial billing periods.
15. Dispute Resolution
15.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact EMT at [email protected] and attempt to resolve the dispute informally for a period of at least thirty (30) days.
15.2 Binding Arbitration. If the dispute cannot be resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Services, or your relationship with EMT (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or Confidential Information. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator in Harris County, Texas, or at another mutually agreed location. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
15.3 Class Action Waiver. YOU AND EMT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
15.4 Arbitration Costs. Each party shall bear its own costs and attorneys’ fees in connection with the arbitration, unless the arbitrator determines that a claim was frivolous or brought in bad faith, in which case the arbitrator may award reasonable attorneys’ fees to the prevailing party.
15.5 Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. To the extent any litigation is permitted under these Terms, you irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas.
15.6 Statute of Limitations. Any claim arising out of or related to these Terms of Use or the Services must be filed within one (1) year after the claim arose, or such claim shall be permanently barred.
16. General Provisions
16.1 Entire Agreement. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and EMT regarding your use of the Website and Services, superseding any prior agreements, communications, or understandings. Participation in certain Training Programs may be subject to additional terms contained in a separate Training Program Participation Agreement.
16.2 Severability. If any provision of these Terms is held void, invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such invalidity shall not affect the validity, legality, or enforceability of any other provision, and the remaining provisions shall continue in full force and effect. The invalid provision shall be reformed to the minimum extent necessary to make it valid and enforceable.
16.3 Waiver. The failure of EMT to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of EMT.
16.4 Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of EMT. EMT may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
16.5 Independent Contractors. The relationship between EMT and Users is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship between EMT and any User.
16.6 Force Majeure. EMT shall not be liable for any failure or delay in performance under these Terms for causes beyond EMT’s reasonable control, including acts of God, natural disasters, pandemics, epidemics, government actions, civil unrest, acts of terrorism, power failures, internet or telecommunications failures, cyberattacks, strikes, or denial-of-service attacks. If a Force Majeure event continues for more than sixty (60) days, EMT may terminate the affected Services upon written notice.
16.7 Notices. Any notice required under these Terms may be sent by EMT to the email address associated with your Account, and such notice shall be deemed effective when sent regardless of whether you actually receive it. Notices to EMT shall be sent to [email protected] and shall be deemed effective upon receipt.
16.8 No Third-Party Beneficiaries. Except for the Indemnified Parties identified in Section 10, there are no third-party beneficiaries to these Terms. Clients of EMT are intended third-party beneficiaries solely with respect to provisions related to Client intellectual property, Confidential Information, and indemnification.
16.9 Headings. The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
16.10 Export Compliance. You shall not export or re-export, directly or indirectly, any Content, Training Materials, or information received through the Services to any destination, entity, or person restricted or prohibited by applicable export control laws.
16.11 Language. These Terms of Use are written in English. In the event of any conflict between the English version and any translation, the English version shall prevail.
17. Contact Information
If you have any questions about these Terms of Use, please contact us:
Effective Medical Training, LLC
Email: [email protected]
Website: www.effectivemedicaltraining.com
By accessing or using the Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the EMT Privacy Policy.