Disclaimer

1. General Disclaimer

InstructPoint is a technology platform operated by EMskillz, LLC ("Company," "we," "us," or "our") that connects students with independent instructors. InstructPoint is not a training provider, educational institution, accrediting body, or certification issuer. We provide the software tools and marketplace infrastructure; all instruction, training content, and certifications are provided solely by independent instructors and their affiliated organizations.

2. No Guarantee of Outcomes

Neither EMskillz, LLC nor InstructPoint guarantees:

• That any student will pass a certification exam or skills evaluation
• That any certification obtained through an instructor on our platform will be accepted by any employer, organization, or regulatory body
• The accuracy, completeness, or quality of any instruction provided by independent instructors
• That any instructor's credentials, certifications, or representations are current, valid, or accurate
• Employment, career advancement, or any other professional outcome as a result of training booked through our platform

3. Independent Instructor Disclaimer

All instructors on InstructPoint are independent contractors, not employees, agents, or representatives of EMskillz, LLC. Instructors are solely responsible for:

• The content, accuracy, and quality of their instruction
• Maintaining valid certifications, licenses, and credentials required by their accrediting organizations
• Compliance with all applicable laws, regulations, and industry standards
• Their own insurance, liability coverage, and business practices
• The accuracy of their profile information, pricing, and class descriptions
• Proper administration and reporting of certification results to accrediting bodies

4. Medical Training & Certification Disclaimer

InstructPoint facilitates connections between students and instructors for medical and safety training courses (including but not limited to BLS, ACLS, PALS, First Aid, CPR/AED, and related programs). EMskillz, LLC and InstructPoint:

• Are not affiliated with, endorsed by, or agents of the American Heart Association (AHA), American Red Cross (ARC), or any other accrediting organization unless explicitly stated
• Do not issue, validate, or guarantee any certifications or eCards
• Are not responsible for the validity or acceptance of any certification obtained through classes booked on our platform
• Do not provide medical advice, diagnosis, or treatment recommendations
• Are not liable for any adverse outcomes arising from the application of skills taught by instructors on our platform

5. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMSKILLZ, LLC AND INSTRUCTPOINT SHALL NOT BE LIABLE FOR ANY:

• Direct, indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Personal injury, property damage, or death arising from instruction provided by independent instructors
• Errors, omissions, or inaccuracies in instructor profiles, credentials, or course descriptions
• Technical failures, service interruptions, or data loss
• Actions, omissions, or conduct of any instructor, student, or third party

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

6. Assumption of Risk

By using InstructPoint to book training, you acknowledge that certain classes (especially medical, safety, and physical training) involve inherent risks including but not limited to physical exertion, exposure to simulated emergency scenarios, and hands-on practice. You voluntarily assume all risks associated with participation in any class or training booked through our platform.

7. Payment & Refund Disclaimer

Payments processed through InstructPoint are handled by Stripe, a PCI-compliant third-party payment processor. EMskillz, LLC does not store credit card information. Refund policies are set by individual instructors and displayed at the time of booking. Platform service fees are non-refundable. InstructPoint is not responsible for disputes between students and instructors regarding refunds.

8. Indemnification

You agree to indemnify, defend, and hold harmless EMskillz, LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the platform; (b) your violation of these terms or any applicable law; (c) any content you provide through the platform; or (d) any injury or harm arising from training booked through the platform.

9. Third-Party Services

InstructPoint integrates with third-party services including Stripe (payments), Twilio (SMS), and various accrediting organization systems. We are not responsible for the availability, accuracy, or reliability of these third-party services. Your use of third-party services is subject to their respective terms of service and privacy policies.

10. Governing Law

This Disclaimer shall be governed by and construed in accordance with the laws of the State of Tennessee. Any disputes arising under this Disclaimer shall be resolved through binding arbitration in Montgomery County, Tennessee, under the rules of the American Arbitration Association.

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