LEGAL DISCLAIMERS AND TERMS & CONDITIONS FOR PRODUCT ADVERTISEMENTS
CPR-LIFE SERVICES AND BRENDAN D. TRAN
Effective Date: January 1, 2025
I. IMPORTANT AFFILIATE DISCLOSURE (REQUIRED BY FTC)
Please be advised that CPR-Life Services and Brendan D. Tran (collectively, "CPR-Life Services" or "We") participate in affiliate marketing programs. This means that when you click on links on our website or social media platforms that lead to third-party products or services, and subsequently make a purchase, we may receive a commission or other compensation from the affiliate partner.
This affiliation comes at no extra cost to you. Our objective is to provide valuable recommendations for high-quality, mission-critical medical equipment and supplies that align with our expertise and your preparedness needs. We exclusively recommend products in which we have confidence and that we believe will genuinely benefit our audience. Your support through these links enables us to continue providing valuable training and resources.
To ensure full transparency and compliance with Federal Trade Commission (FTC) guidelines, please be aware that these disclosures will also be prominently displayed directly near any affiliate links or sponsored content wherever they appear on our website or social media. This is to ensure you are aware of our affiliate relationship before you click or engage with such content.
II. LIMITATION OF LIABILITY – STRICTLY AS REFERRER – NO ACCOUNTABILITY
As a referrer of affiliate partner products and services, CPR-Life Services acts solely as a conduit to third-party offerings. We are not the manufacturer, direct seller, distributor, or warrantor of any products or services advertised or linked through our platforms. All aspects of the transaction, including but not limited to purchase, payment processing, shipping, product fulfillment, and customer service, are conducted directly between you, the customer, and the respective third-party affiliate partner.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CPR-LIFE SERVICES (including its licensors, licensees, successors, distributors, agents, representatives, and other authorized agents, and each of their respective officers, directors, owner (Brendan D. Tran), managers, members, employees, and assigns – collectively, the “Indemnified Parties”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. This encompasses, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if CPR-Life Services or the Indemnified Parties have been advised of the possibility of such damages), arising from or related to:
The use of or the inability to use the products or services purchased through our affiliate links.
The performance or non-performance of any products or services provided by affiliate partners.
Any unauthorized access to or alteration of your transmissions or data.
Statements or conduct of any third party regarding the products or services.
Any other matter relating to the products or services.
This limitation of liability expressly includes, but is not restricted to, any claims, injuries, illness, disability, maiming, death, or other physical or psychological harm allegedly caused by the use, misuse, or inability to use products or services obtained through our affiliate links, regardless of the asserted legal theory (e.g., breach of contract, negligence, strict liability).
You expressly understand and agree that the Indemnified Parties shall bear no financial liability or obligation to pay any amount whatsoever for any damages, costs, or expenses arising from or related to your use of products or services advertised by CPR-Life Services. Your sole and exclusive remedy for any cause whatsoever shall be directly against the third-party affiliate partner, manufacturer, or seller of the product or service.
III. DISCLAIMER OF WARRANTIES – "AS-IS" BASIS – NO GUARANTEES
All products and services advertised and linked through CPR-Life Services' and Brendan D. Tran's affiliate channels are provided by third-party affiliate partners on an "AS-IS" and "AS-AVAILABLE" basis.
CPR-LIFE SERVICES AND THE INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. This includes, but is not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, reliability, security, or non-infringement. No warranties are made, expressed or implied, regarding the products or their performance.
CPR-Life Services and the Indemnified Parties make no warranty that:
The products or services will meet your specific requirements or expectations.
The products or services will be uninterrupted, timely, secure, or error-free.
The results that may be obtained from the use of the products or services will be accurate, complete, or reliable.
The quality of any products, services, information, or other material purchased or obtained by you through our affiliate links will meet your expectations.
Any reliance you place on the information or products obtained through our affiliate links is strictly at your own risk. You acknowledge and agree that CPR-Life Services and the Indemnified Parties have no control over, and are not responsible for, the products, services, content, privacy policies, or practices of affiliate partners' websites.
IV. INDEMNIFICATION – FULL INDEMNIFICATION BY BUYER
You, the Buyer, hereby agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all claims, liabilities, actions, causes of action, demands, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees, and other legal expenses, whether incurred in investigation, litigation, or appeal, and including costs and expenses incurred in enforcing this indemnification provision), injuries (including personal injury, maiming, death, illness, or disability), and any other harm, regardless of nature or cause, arising out of or in any way connected with:
YOUR PURCHASE, ACCEPTANCE, POSSESSION, USE, MISUSE, OR INABILITY TO USE ANY PRODUCTS OR SERVICES obtained through our affiliate links.
ANY PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM allegedly caused by or resulting from your use of products or services purchased through our affiliate links.
YOUR BREACH or alleged breach of any term, condition, or obligation stated in these Legal Disclaimers and Terms & Conditions.
YOUR VIOLATION of any applicable law, statute, ordinance, regulation, or the rights of any third party (including intellectual property rights) related to your use of the products or services.
ANY ALLEGATION, CLAIM, OR LIABILITY WHATSOEVER, INCLUDING THOSE ARISING FROM THE INDEMNIFIED PARTIES' OWN NEGLIGENCE, STATUTORY LIABILITY, OR STRICT LIABILITY, EXCEPT WHERE PROHIBITED BY LAW FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
This indemnification obligation shall survive the termination or expiration of any relationship between you and CPR-Life Services and is intended to provide full and complete protection to the Indemnified Parties from all liabilities.
V. INTELLECTUAL PROPERTY RIGHTS – AFFILIATE PARTNER OWNERSHIP
You acknowledge and agree that all intellectual property rights, including but not limited to trademarks, service marks, copyrights, patents, trade names, trade dress, domain names, and trade secrets, associated with the products and services advertised are exclusively owned by the respective third-party affiliate partners or their licensors.
CPR-Life Services and Brendan D. Tran are granted a limited, non-exclusive, non-transferable, revocable right to use the affiliate partners' trademarks, logos, product images, product descriptions, and other intellectual property solely for the express purpose of promoting their products and services as an authorized affiliate within the scope of the applicable affiliate program agreement.
You agree not to modify, reproduce, distribute, display, perform, publish, license, create derivative works from, transfer, or sell any intellectual property of our affiliate partners without their express prior written permission. Any unauthorized use of such intellectual property is strictly prohibited and may violate copyright, trademark, and other laws, as well as applicable state statutes (e.g., New Jersey Trademark Act, N.J.S.A. 56:3-13.1 et seq.).
VI. RETURN, REFUND, AND WARRANTY POLICIES – SOLELY AFFILIATE PARTNER'S RESPONSIBILITY
All purchases made through our affiliate links constitute transactions solely between you, the customer, and the specific third-party affiliate partner (the direct seller/manufacturer). Consequently, all return, refund, exchange, and product warranty policies are exclusively governed by and subject to the terms and conditions of the respective affiliate partner from whom you made the purchase.
CPR-LIFE SERVICES AND THE INDEMNIFIED PARTIES DO NOT PROCESS RETURNS, ISSUE REFUNDS, HANDLE PRODUCT EXCHANGES, OR MANAGE PRODUCT WARRANTY CLAIMS for items purchased through our affiliate links. We bear no responsibility or liability in connection with such matters.
For any inquiries or issues regarding product defects, returns, refunds, exchanges, or warranty claims, you must directly contact the affiliate partner from whom you made the purchase. Please refer to their specific website, terms of sale, or your purchase confirmation for their detailed policies and direct customer service contact information.
VII. TERMINATION CLAUSE
TERMINATION:
These Legal Disclaimers and Terms & Conditions define the relationship between you, the customer, and CPR-Life Services/Brendan D. Tran concerning our role as an affiliate product advertiser.
CPR-Life Services reserves the right to:
Discontinue advertising any specific product or service, or terminate any affiliate relationship, at our sole discretion, at any time, without prior notice.
Terminate your access to our website or promotional content if we believe you have breached any of these terms and conditions, or engaged in any conduct detrimental to CPR-Life Services, our affiliate partners, or other users.
VIII. GOVERNING LAW AND DISPUTE RESOLUTION
These Legal Disclaimers and Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law principles.
Any dispute, controversy, or claim arising out of or relating to these terms, including their breach, termination, or validity, shall first be addressed through good faith negotiation between you and CPR-Life Services. If the dispute cannot be resolved through negotiation, the parties agree to first attempt resolution through non-binding mediation conducted in Pennsville, New Jersey, with a mutually agreed-upon mediator.
Should mediation fail to resolve the dispute within sixty (60) days of the request for mediation, any unresolved dispute shall be submitted to binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Pennsville, New Jersey. The language of the arbitration shall be English. Each party shall bear its own costs and attorneys' fees, and split the arbitrator's fees and administrative costs.
YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.