Terms of Service

These Terms of Service are an agreement between you and Powered by HeartCert LLC.

This Agreement governs your access to and use of the Services of our online platform. The platform is titled MyTASystem and is a part of Powered by HeartCert llc. By using or accessing the Services, you agree to abide by this Agreement without modification by you. If you do not agree, you are not permitted to use the Services, and we may terminate your access at any time for any reason.

Your Responsibilities

You are solely responsible for maintaining the security of your account and for all activities that occur within that account and any other actions taken on the Services, including actions taken by your designates, agents, contractors, employees, and all individuals that you register as users in your account (“Your Users”).

You will ensure that you and Your Users comply with all provisions of this Agreement and any applicable local, state, national, and foreign laws, including those related to data privacy and transmission of personal data, at all times while using the Services. Any reference in this Agreement to your “access” or “use” of Services (or similar phrases) is deemed to include access or use by you or Your Users, and any act or omission by one of Your Users that does not comply with this Agreement will be deemed a breach of this Agreement by you. 

You are solely responsible for any liability resulting from your or any of Your Users’ handling of payment card data. You agree that you and Your Users will comply with PCI DSS whenever the Services are used to process credit cards.

You are responsible for keeping your password secure. Powered by HeartCert LLC cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You are responsible for your account, refunds, chargebacks, etc and must take care of your customers.

You and Your Users will not:

• Submit any infringing, obscene, defamatory, threatening, or otherwise unlawful material to the Services, including material that violates privacy rights or be unethical in any way.
• Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
• Attempt to gain access to the Services or related systems or networks in a manner not permitted by this Agreement.
• Post, transmit, or otherwise make available through or in connection with the Services any virus, spyware, malware, or other harmful computer code, files, scripts, or programs.
• Remove any copyright, trademark, or other proprietary rights notice from the Services.
• Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service.
• Resell the Services in any manner.
• Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services.
• Infringe or violate the rights of any other party, or partake in any acts that may be perceived as unethical in any way, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity.
• Delay fulfilling orders and responding to customers.

Fees and Payment Terms

You agree to pay all fees associated with your access to and use of the Services, as set when registering for your account. Failure to pay fees when due will be deemed a violation of this Agreement. The fees paid are non-refundable.

Powered by HeartCert LLC reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online on the Powered by HeartCert LLC website. If Powered by HeartCert LLC does for any reason modify or change the prices for your service plan, we will provide you advance notice via email.

Privacy

This Privacy Policy describes how Powered by HeartCert LLC uses and protects your data and content. By using the Services or agreeing to these terms, you consent to Powered by HeartCert LLC’s collection, use, and disclosure of your data and content as described, as needed to provide the platform services to you. You also agree that any collection, use, or disclosure of third-party information collected through your use of the Services shall comply with all applicable privacy laws and shall be subject to privacy obligations that are no less onerous than those set out in the Privacy Policy. Powered by HeartCert LLC may use information provided in the platform for use to service you in said platform. We do not claim any ownership of anything posted in your account.

Content Ownership

We claim no ownership rights over the content or data submitted or created exclusively by you or Your Users in your account. Any content or data that is yours remains yours. By using the Services, you agree that we can use this data to provide the Services.

The contents of the Services are copyrighted under United States copyright laws. Powered by HeartCert LLC, and the associated logos, are trademarks of Powered by HeartCert LLC and may not be used without our written permission. You may not duplicate, copy, or reuse any portion of the website’s HTML/CSS, images, and/or content without our written permission. You do not acquire any ownership rights by using the Services.

You represent and warrant that any information or content that you upload to your account or otherwise provide to Powered by HeartCert LLC in connection with the Services is owned by you or that you have a valid and legal license agreement authorizing you to publish, use, or otherwise transmit the content on or through your Services.

Termination of Services

We reserve the right to cancel or discontinue services at any time, for any reason. Additionally, if you or your users violate this Agreement, then Powered by HeartCert LLC may, in its sole and absolute discretion, take any or all of the following actions:

• Suspend or cancel your access to a portion of or all of the Services.
• Suspend or cancel Your Users’ access to the Services.
• Refer any illegal activity to appropriate authorities.
• Terminate this Agreement with or without cause or notice.

Either party may discontinue or stop services at any time. You may cancel or terminate the Services at any time by submitting a support request through the platform or contacting our office. If the Services are canceled or terminated (whether by you or us), your right to use and access the Services stops immediately. If the Services are canceled or terminated, we will delete the data and content associated with your account, so please save your data prior to cancellation. If discontinuing services, an email will be sent with confirmation and reasons if applicable.

Future Changes

We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we use reasonable efforts to provide you with notification of any material changes, as determined in our sole discretion.

If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Services. Your continued use of the Services following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Services, including the release of new tools and resources, will be subject to these Terms of Service.

Indemnification

You agree to indemnify and hold Powered by HeartCert LLC, its parents, subsidiaries, affiliates, officers, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account. All information and tools provided through our services are done so in good faith; it is ultimately your responsibility as the user to ensure all items, including but not limited to: Taxes, payroll, legal items, student/instructor information, etc., are accurate, reported, and paid as needed/required for your business.

Disclaimer

The Services and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether expressed or implied. Powered by HeartCert LLC is a distributor and not a publisher of the content supplied by third parties; as such, Powered by HeartCert LLC exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through or accessible via the Services. Without limiting the foregoing, Powered by HeartCert LLC specifically disclaims all warranties and representations in any content transmitted on or in connection with the Services or on sites that may appear as links on the Services, or in the products provided as a part of, or otherwise in connection with, the Services, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No oral advice, tool, or written information given by Powered by HeartCert LLC or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty or guarantee. Without limiting the foregoing, Powered by HeartCert LLC does not warrant that the Services will be uninterrupted, uncorrupted, timely, or error-free.

Limitation of Liability

Powered by HeartCert LLC will not be liable for any indirect, incidental, special, exemplary, or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the Services, whether or not Powered by HeartCert LLC is advised of the possibility of such damages.

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Services under any cause of action whatsoever of any jurisdiction, including, without limitation, actions