Last updated
October 3 2021

Terms and Conditions

Preface

You, the user of the App, confirm your acceptance of these App Terms of Use (“App Terms”). If you do not agree to these App Terms, you must immediately uninstall the App and discontinue its use.

General Terms

If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail. We may from time to time modify these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.

Use of the App

All of the questions contained within EMS Academic Prep derive from the testing guidelines provided by the entities in the following websites and their protocols:

EMS Academic Prep is not affiliated with any of the above governing bodies. EMS Academic Prep and its information is intended for educational purposes only and is used as a study aid to successfully pass your respective EMT, paramedic, or American Heart Association Certification Exams. All procedures are meant for certified and licensed professionals only. This application is not a substitute for professional medical advice. Users of this app should consult with registered healthcare professionals before making any medical/health decisions based upon the information contained in this app. EMS Academic Prep hereby grants you a non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User License”). All other rights in the App are reserved by EMS Academic Prep.In the event of your breach of these App Terms we will be entitled to terminate the User License immediately.

You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges that may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App. You acknowledge that where you use the services provided by Apple or Google (or any other third parties) in connection with your use of the App, you will be subject to Apple’s, Google’s (or the applicable third party’s) terms and conditions and privacy policy and you should ensure that you have read such terms.

Intellectual Property

The EMS Academic Prep name and logos, and other Trust trademarks, service marks, graphics and logos used in connection with the App are trademarks of EMS Academic Prep collectively “EMS Academic Prep Trademarks”. Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The EMSAcademic Prep Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of EMS Academic Prep LLC or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to EMS Academic Prep and its licensors.

Prohibited Uses

You agree not to use the App in any way that: is unlawful, illegal or unauthorised; is defamatory of any other person; is obscene or offensive; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringes any copyright, database right or trademark of any other person; is likely to harass, upset, embarrass, alarm or annoy any other person; is likely to disrupt our service in any way; or advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or app misuse.

Indemnification

You hereby agree to indemnify, defend and hold harmless EMS Academic Prep LLC and their third-party licensors and affiliates against any and all liabilities, losses, claims, damages, suits, costs and expenses (including reasonable attorney’s fees) arising out of your access to and use of the EMS Academic Prep application or any content or material contained therein, which shall include without limitation your use, reproduction, and display of any EMS Academic Prep material. You shall immediately notify us of any such claim. You further acknowledge that, in no event, shall Apple be responsible for the investigation, defense, settlement, and discharge of any third-party claim that EMS ACADEMIC PREP infringes that third party’s intellectual property rights.

No Promises

EMS Academic Prep provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, EMS Academic Prep does not warrant or make any representations regarding the validity, accuracy, reliability or availability of the App or its content. To the fullest extent permitted by applicable law, EMS Academic Prep hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.

Reliance on Information

The App is intended to provide general information only and, as such, should not be considered as a substitute for advice or education covering any specific situation or subject. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the App.

Exclusion of EMS Academic Prep’s Liability

To the fullest extent permitted under applicable law, in no event shall EMS Academic Prep LLC be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction. EMS Academic Prep shall not be held liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorized use, delay in operation or transmission, line failure, mobile virus, worm, Trojan horse or other harm. In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall EMS Academic Prep’s liability arising under or in connection with these App Terms and your use of the App exceed $50.

General

If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Term; Termination

EMS Academic Prep LLC may terminate this Agreement and/or terminate or suspend your license and access to the app at any time and for any reason. EMS Academic Prep has the right to refuse to provide access to any person, agency or organization, or to prohibit any person, agency or organization from using our app and its content at any time and for any reason. EMS Academic Prep reserves the right to change, suspend, or discontinue all or part of the content contained, temporarily or permanently, without prior notice. We reserve the right to deactivate any account at any time, for any reason.

You acknowledge and agree that EMS Academic Prep and the Information/ content contained within is the property of EMS Academic Prep LLC and is protected by United States and international copyright law, trademark law, and trade secret law, as well as other state, federal and international laws and regulations. Except as expressly provided in this Agreement, EMS Academic Prep does not grant any rights to you under any patents, copyrights, trademarks or trade secret information. Accordingly, unauthorized use of our content or the Confidential Information may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights or other laws or regulations. The copying, redistribution, use or publication by you of any part of EMS Academic Prep or the Confidential Information is strictly prohibited; provided, that you may print, copy electronically, or download information from the application for personal, non-commercial use only, provided you identify the source of the material and include a statement that the materials are protected by copyright law.

EMS Academic prep shall have the right to use and incorporate into our app any feedback and input provided by you, for any purpose, including the improvement of the content and other research, educational and patient care purposes.

Third Party Content

This app may contain third party materials and/or links to third-party materials and third-party websites for your information and convenience. We are not responsible for the availability, accuracy, or content of any of those third-party materials or websites nor does it endorse them. Prior to accessing this information or these third party websites you may be asked to agree to additional terms and conditions provided by such third parties which govern access to and use of those websites or materials.

Disclaimer

THE CONTENT CONTAINED WITHIN EMS Academic Prep app IS BASED ON PERTINENT PUBLISHED MEDICAL LITERATURE, NATIONAL AND STATE GUIDELINES, AND/OR EXPERT CONSENSUS, WHICH CONTINUES TO EVOLVE. USE OF THE EMS ACADEMIC PREP APPLICATION DOES NOT CREATE A HEALTH CARE PROVIDER - PATIENT RELATIONSHIP. IT IS NEITHER AN ATTEMPT TO SUBSTITUTE FOR THE PRACTICE OF MEDICINE NOR AS A SUBSTITUTE FOR THE PROVISION OF ANY MEDICAL PROFESSIONAL SERVICES.

FURTHERMORE, THE CONTENT IS NOT MEANT TO BE COMPLETE, EXHAUSTIVE, OR A SUBSTITUTE FOR MEDICAL PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. THE INFORMATION HEREIN SHOULD BE ADAPTED TO EACH SPECIFIC PATIENT BASED ON THE TREATING MEDICAL PROFESSIONAL’S INDEPENDENT PROFESSIONAL JUDGMENT AND CONSIDERATION OF THE PATIENT’S NEEDS, THE RESOURCES AVAILABLE AT THE LOCATION FROM WHERE THE MEDICAL PROFESSIONAL SERVICES ARE BEING PROVIDED (E.G., HEALTHCARE INSTITUTION, AMBULATORY CLINIC, PHYSICIAN’S OFFICE, AMBULANCE, ETC.), AND ANY OTHER UNIQUE CIRCUMSTANCES. THIS INFORMATION SHOULD NOT BE USED TO REPLACE, SUBSTITUTE FOR, OR OVERRULE A QUALIFIED MEDICAL PROFESSIONAL’S JUDGMENT.

YOU ASSUME FULL RESPONSIBILITY FOR USING THIS INFORMATION AND AGREE THAT EMS Academic Prep IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS AND DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CLAIM, LOSS, DAMAGE OR INJURY (INCLUDING DEATH) TO ANY PERSONS OR PROPERTY ARISING FROM ANY USE OF OR RELIANCE UPON ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION PROVIDED BY OR ACCESSED THROUGH EMS ACADEMIC PREP. EMS ACADEMIC PREP MAKES INFORMATION AVAILABLE AS A HEALTH INFORMATION RESOURCE TO BE ACCESSED AT YOUR CONVENIENCE. EMS ACADEMIC PREP IS NOT MEANT TO REPLACE CLINICAL JUDGEMENT IN ROUTINE MEDICAL OR EMERGENCY SITUATIONS, AND ALL HEALTHCARE PROVIDERS SHOULD EXERCISE THEIR OWN INDEPENDENT CLINICAL JUDGMENT. YOU SHOULD NOT RELY UPON EMS ACADEMIC PREP FOR ANY IMMEDIATE HEALTH CONCERNS, INFORMATION OR QUESTIONS.

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU HEREBY EXPRESSLY WAIVE ANY AND ALL CLAIMS THAT YOU (AND/OR YOUR HEIRS, SUCCESSORS, OR ASSIGNS) MAY HAVE, NOW OR IN THE FUTURE, AGAINST EMS ACADEMIC PREP, THEIR THIRD-PARTY LICENSORS, AND/OR AFFILIATES (THE “RELEASED PARTIES”) BASED UPON YOUR USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO HEALTH, ILLNESS, AND/OR ANY ADVERSE CONSEQUENCES, THAT YOU OR ANY THIRD PARTY MAY INCUR OR SUFFER AS A RESULT OF YOUR USE OF THE ACLS APPLICATION (“CLAIMS”), AND YOU (AND/OR YOUR HEIRS, SUCCESSORS, OR ASSIGNS) HEREBY FOREVER RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL OF SUCH CLAIMS. NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED IN THIS AGREEMENT AND WITHOUT LIMITING THE FOREGOING, EMS ACADEMIC PREP HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY BASED UPON OR ARISING OUT OF MEDICAL ADVICE OR TREATMENT (INCLUDING, WITHOUT LIMITATION, THE FAILURE TO PROVIDE ANY MEDICAL ADVICE OR TREATMENT AND/OR MEDICAL OR PHYSICIAN/HEALTH CARE PROVIDER MALPRACTICE).

ACCESS TO EMS ACADEMIC PREP AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EMS ACADEMIC PREP DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

EMS ACADEMIC PREP DOES NOT CONTROL THE DEVICES OR COMPUTERS OR THE WIRELESS NETWORK OR THE INTERNET OVER WHICH YOU MAY CHOOSE TO ENTER CONFIDENTIAL OR PERSONAL INFORMATION AND CANNOT, THEREFORE, PREVENT INTERCEPTIONS OR COMPROMISES TO YOUR INFORMATION WHILE IN TRANSIT TO EMS ACADEMIC PREP. EMS ACADEMIC PREP MAKES NO GUARANTEE AS TO THE SECURITY, INTEGRITY, OR CONFIDENTIALITY OF ANY INFORMATION TRANSMITTED TO, FROM, OR THROUGH EMS ACADEMIC PREP.

In the event of any failure of EMS ACADEMIC PREP to conform to any applicable warranty, you may notify Apple, and, if applicable, Apple will refund the purchase price for EMS ACADEMIC PREP to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to EMS ACADEMIC PREP, and will have no responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty.

You acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to EMS ACADEMIC PREP or your possession and/or use of its information, including, but not limited to: (i) product liability claims; (ii) any claim that EMS ACADEMIC PREP fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with any use by EMS ACADEMIC PREP with Apple’s HealthKit and HomeKit frameworks.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL EMS ACADEMIC PREP OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF OUR APP, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

If you have any questions regarding the App, you can call or message us at emsacademicprep@gmail.com or at (929) 379-7660.