Agreement between User and www.missioncit.com
Welcome to www.missioncit.com. The www.missioncit.com website (the "Site") is comprised of various web pages operated by MissionCIT, LLC ("MissionCIT"). www.missioncit.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.missioncit.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
The Service Provided
MissionCIT provides a service offering Training and Educational content (Content or Product or Service) from third-party Instructors, Training Centers, and Course Content Partners (“Partners”) that we believe are of value to the First Responder Community (Users). Course Content may be provided online on this site; at a designated training center; and/or a combination of both.
From time to time MissionCIT may offer products and promotional items for sale described as ‘physical product’.
As used in this Terms and Conditions, “service” means the integrated technology platform that delivers courses, including all features and functionalities, the website, user interfaces, and software as well as content such as text, videos, and information on the website.
MissionCIT offers a 100% moneyback guarantee for your satisfaction with the Content and Instruction. If you are not satisfied, contact us for a refund within 24 hours of completing the course. However, if you received CME Credit as a result of taking the course, we can only make a refund if the CME credit is revoked.
The efficacy of the Course content is represented to MissionCIT by the Partner. The Partner also represents to us their accreditation and/or certification to use and deliver the content in the specific course. MissionCIT reviews its online courses for consistency with then-current industry best practices.
MissionCIT warrants that Content marked as Accredited or Certified by a specific Accreditation Body meets that that body’s standard.
Partner Content not marked as Certified or Accredited is reviewed by MissionCIT for relevance and professionalism. It is made available as is. All representations are those of the Partner and MissionCIT makes no representation thereof.
Designated Training Centers
Classroom instructions is provided at Training Centers then currently used for First Responders or like training. MissionCIT validates the facility as appropriate for the Course Content and Instructor / Partner. However, MissionCIT is not responsible for the then current condition of the Training Center and disclaims all liability for its use thereof.
Online Content must be paid for in advance of usage. Classroom Courses must be paid for prior to the time a course begins. MissionCIT offers various payment options to accommodate payments from individuals and/or organizations. Payments are made to ZevMir, LLC on behalf of MissionCIT
Visiting www.missioncit.com or sending emails to MissionCIT constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MissionCIT is not responsible for third-party access to your account that results from theft or misappropriation of your account. MissionCIT and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen (13) and individuals Under Sixteen (16)
MissionCIT does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 16, you may not use www.missioncit.com
unless you are a first responder affiliated with a representative first responder organization.
For all items purchased on the www.missioncit.com site:
All orders received are subject to acceptance by MissionCIT in our sole discretion. All processed orders are subject to availability. MissionCIT is not liable for delay in product or service shipment or delivery.
Reservations & Exceptions.
We reserve the right to adjust pricing on products without notice. In addition, we reserve the right to modify terms, specifications, and the like for Products on the Internet Purchase Page or Website at any time without notice. Any errors in Product specifications, descriptions, and pricing are subject to correction by us. We also reserve the right to reject any order that is not consistent with these terms & conditions.
MissionCIT reserves the right to select alternative carriers for shipments. Shipping charges are invoiced according to costs related to UPS, FedEx, or USPS. All liability for loss passes to the customer once it leaves our warehouse, however, we will honor replacement merchandise for damaged shipments after the damaged item(s) have been returned to us. Claims of non-delivery will be honored if no proof of delivery is offered by UPS or USPS, otherwise, the merchandise shall be deemed delivered.
Booked Classroom Training
. Cancellation of booked classroom training must occur at least 5 business days in advance of the start of a course to receive a full refund. After that time, the account credit will be provided for use in future training.
Physical Product Cancellations
. Physical Product Orders may be canceled before they are delivered to a common carrier for shipment. Once delivered to the common carriers, orders are deemed to have shipped and may not be canceled.
We do not accept returns for perishable items. Defective physical products will be exchanged for the same or similar product. Refunds are not given for any claims.
Acknowledgement of Medical and Health Risks
User understands that as part of certain courses of instruction (e.g. CPR), that you may be placed in close contact with other students and instructors. Such contact may result in my contact with diseases and human blood or bodily fluids, and/or items contaminated with blood or bodily fluids. User agrees to practice standard precautions to protect themselves from contact with potentially contaminated items. User hereby releases and agrees to hold harmless MissionCIT, its Partners, and their respective employees and agents from any and all damages that might result from such contact.
Furthermore, the User acknowledges and understands that as part of the selected course you may be performing physical activity or subject to risks associated with the Fire Service. User hereby certifies that their physical condition will allow themselves to participate without risk to themself or others. User agrees to release and hold harmless MissionCIT and its Partners and their respective employees and agents from any and all damages which might result from such activity or use.
Links to Third Party Sites/Third Party Services
www.missioncit.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of MissionCIT and MissionCIT is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MissionCIT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MissionCIT of the site or any association with its operators.
Certain services made available via www.missioncit.com are delivered by third-party sites and organizations. By using any product, service or functionality originating from the www.missioncit.com domain, you hereby acknowledge and consent that MissionCIT may share such information and data with any third party with whom MissionCIT has a contractual relationship to provide the requested product, service or functionality on behalf of www.missioncit.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MissionCIT or its Partners and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MissionCIT content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of MissionCIT and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MissionCIT or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
MissionCIT has no obligation to monitor the Communication Services. However, MissionCIT reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MissionCIT reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
MissionCIT reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in MissionCIT's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MissionCIT does not control or endorse the content, messages or information found in any Communication Service and, therefore, MissionCIT specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MissionCIT spokespersons, and their views do not necessarily reflect those of MissionCIT.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Partner Materials Provided to www.missioncit.com or Posted on any MissionCIT Web Page
MissionCIT does not claim ownership of the materials Partners provide to www.missioncit.com (including feedback and suggestions) or post, upload, input or submit to any MissionCIT Site or our associated services (collectively "Contents"). However, by posting, uploading, inputting, providing or submitting your Content you are granting MissionCIT, our affiliated companies and necessary sublicensees permission to use your Content in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content; and to publish your name in connection with your Content.
No compensation will be paid with respect to the use of your Content unless a prior agreement is in place. MissionCIT is under no obligation to post or use any Content you may provide and may remove any Content at any time in MissionCIT's sole discretion.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own or otherwise control all of the rights to your Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Contents.
Third Party Accounts
You may be able to connect your MissionCIT account to third-party accounts. By connecting your MissionCIT account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about yourself to be shared in this manner, do not use this feature.
Users outside the USA
The Service is controlled, operated, and administered by MissionCIT from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MissionCIT Content accessed through www.missioncit.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless MissionCIT, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MissionCIT reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MissionCIT in asserting any available defenses.
In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MissionCIT agree otherwise, 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.
THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MISSIONCIT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MISSIONCIT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MISSIONCIT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
MissionCIT reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Connecticut and you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MissionCIT as a result of this agreement or use of the Site. MissionCIT's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MissionCIT's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MissionCIT with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MissionCIT with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and MissionCIT with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
MissionCIT reserves the right, in its sole discretion, to change the Terms under which www.missioncit.com is offered. The most current version of the Terms will supersede all previous versions. MissionCIT encourages you to periodically review the Terms to stay informed of our updates.
MissionCIT welcomes your questions or comments regarding the Terms: MissionCIT, LLC, 1 Technology Drive, Tolland CT 06084; E-mail Address: [email protected]
; Telephone number: +1 203.649.5090 USA Eastern Time Zone.
Effective as of July 25, 2019
Last Updated March 8, 2021