Terms Of Services

Effective Date: 01/01/2024

PLEASE READ CAREFULLY. BY USING THE SERVICES OR CLICKING “AGREE,” YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU ARE ACCEPTING ON BEHALF OF AN EMPLOYER OR ORGANIZATION, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY. SEE SECTION 10 FOR A BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER.

These Terms & Conditions (“Agreement”) are between Oxygen Under Pressure Hyperbarics LLC DBA RX-O2, HBOTcertification.com (and, where applicable, RX-O2) (“HBOTcertification.com,” “we,” “us,” “our”) and the person or entity that accesses or uses our websites, applications, training programs, courses, or related services (the “Customer,” “you,” or “your”). This Agreement governs your access to and use of (i) HBOTcertification.com and any related sites we operate (the “Website”) and (ii) any portals, web-based platforms, apps, or online services requiring an account (collectively, the “Platforms”). Certain services may also reference RX-O2.com when relevant to course delivery or ancillary services.

Your use of the Website/Platforms constitutes your acceptance of this Agreement and our Privacy Policy (see link on the Website). If you do not agree, do not use the Website/Platforms.

1.1 Services. We provide educational and training services (including on-site and online courses), resource materials, certifications in coordination with recognized bodies (e.g., IBUM), and related tools via the Website/Platforms (collectively, the “Services”).

1.2 Accounts & Security. You may need an account. You are responsible for safeguarding your credentials and restricting access to your account. Notify us immediately of any unauthorized use at info@HBOTCertification.com.

1.3 Privacy; HIPAA/BAA. Your use is subject to our Privacy Policy. If you are a HIPAA Covered Entity or Business Associate and Services involve PHI, our Business Associate Agreement (BAA) will govern PHI handling. You agree to execute a BAA if required.

1.4 Changes. We may modify this Agreement prospectively. Material updates will be posted; continued use constitutes acceptance of the updated terms.

2.1 Eligibility. You represent that (a) you are at least 18, (b) you have legal capacity to enter this Agreement, and (c) the information you provide is accurate and kept current.

2.2 Authorized Use. You may access the Services for your own professional/educational use (or that of your organization if you have authority) in compliance with this Agreement and applicable law.

2.3 Prohibited Conduct. You will not:

• misrepresent identity or affiliation;
• share logins or access others’ accounts; 
• copy, modify, reverse engineer, or create derivative works from the Platforms except as permitted by law;
• sell, resell, rent, or lease the Services;
• transmit unlawful, infringing, harmful, harassing, defamatory, or deceptive content;
• introduce malware, disable security features, overload or scrape the Platforms, or build a competitive service using the Platforms;
• use the Services in violation of HIPAA, TCPA/CAN-SPAM, or other laws.
   

2.4 Clinical Information Disclaimer. Content provided through the Services is educational and not medical advice. Only qualified medical professionals can diagnose, treat, or prescribe. You assume all responsibility for how you use educational content.

3.1 Training Scope. We offer online and on-site training, including didactic and practical components. Some programs may include materials, textbooks, certificates of completion, and/or external board fees (e.g., IBUM fees per trainee). Unless expressly stated, travel, lodging, instructor per diem, and third-party fees are not included and are your responsibility.

3.2 Enrollment & Access Windows. Certain digital courses include access windows (e.g., a defined number of days/months). Access is for the enrolled individual(s) only.

3.3 Payment. You agree to pay all fees shown at checkout or invoiced. Unless stated otherwise in writing, fees are due at enrollment; on-site programs may require a deposit with the balance due seven (7) days prior to the first training day.

3.4 Taxes. Prices exclude taxes unless stated. You are responsible for applicable sales/use/VAT/GST or similar taxes, except taxes on our net income.

4.1 Customer Cancellations (Your Policy).

• ≥ 60 days before the scheduled training date: 100% refund of the training fee.
• 30–59 days before: 50% refund.
• ≤ 15 days before: non-refundable.
   

All cancellations must be emailed to info@HBOTCertification.com. Refunds (if applicable) are processed within 10–15 business days after we receive your written notice.

4.2 Our Changes. We may reschedule or cancel for causes including instructor illness, facility issues, force majeure, or insufficient enrollment. You may transfer to another date or receive a full refund of training fees paid. This is your sole remedy for our cancellation/rescheduling.

4.3 Transfers & Substitutions. Where permitted, you may request to transfer to a later session or substitute an enrolled attendee by emailing info@HBOTCertification.com. Additional fees may apply.

4.4 No-Shows. Failure to attend without timely written cancellation is treated as a late cancellation and is non-refundable.

By providing contact information, you consent to receive service-related communications (e.g., enrollment confirmations, reminders, schedule updates) by email, phone, and/or SMS. Message/data rates may apply. Marketing messages require your consent and you may opt out at any time via provided mechanisms. You represent you are authorized to provide any phone numbers or emails you submit.

6.1 Your Content. You may upload or submit content (e.g., assignments, testimonials) (“Customer Content”). You grant us a non-exclusive, worldwide, royalty-free license to host, display, use, reproduce, and create derivative works of Customer Content solely to operate, improve, and provide the Services and to promote your participation (e.g., showcasing completion badges), subject to your opt-out where reasonably practicable.

6.2 Our Materials. The Services, Platforms, course content, designs, software, and documentation are owned by us and our licensors and protected by IP laws. Except for the limited rights expressly granted, all rights are reserved. You may not share, post, resell, or distribute course content or credentials without our written permission.

6.3 Feedback. If you submit feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction.

Completion certificates reflect attendance/assessment against our course requirements. They do not constitute a license to practice medicine or guarantee any credentialing, coverage, billing eligibility, or regulatory approval. You are solely responsible for complying with local, state, federal, and facility rules (e.g., NFPA 99, ASME/PVHO, FDA, HIPAA, OSHA, payer policies) and for obtaining any required licensure, privileges, or approvals.

8.1 Availability. We use commercially reasonable efforts to keep the Platforms available but do not guarantee uninterrupted or error-free operation.

8.2 No Medical Services. We are not a medical provider, insurer, or pharmacy and do not furnish medical advice or prescriptions through the Services.

8.3 Disclaimers. THE SERVICES AND MATERIALS ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR VALIDATING ANY CLINICAL APPLICATIONS OF EDUCATIONAL MATERIALS.

8.4 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA; AND (b) OUR TOTAL LIABILITY FOR ANY CLAIMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE RELEVANT SERVICE IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. ANY CLAIM MUST BE BROUGHT WITHIN TWELVE (12) MONTHS AFTER IT ACCRUES.

Some jurisdictions do not allow certain disclaimers/limits; in that case, they apply to the fullest extent permitted.

9.1 Your Indemnity. To the fullest extent permitted by law, you will indemnify, defend, and hold harmless HBOTcertification.com, RX-O2, our affiliates, and our/their officers, directors, employees, agents, instructors, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
(a) your use of the Services/Platforms;
(b) your breach of this Agreement or violation of law;
(c) Customer Content (including IP/privacy violations, testimonials, patient content, or PHI disclosures);
(d) your clinical decisions, protocols, facility operations, billing, or patient care;
(e) acts or omissions of your personnel, contractors, or students/trainees; and
(f) alleged misrepresentations regarding credentials, scope of practice, or regulatory compliance.

We may elect to control the defense of any claim with counsel of our choosing; you will cooperate fully and not settle any claim without our prior written consent (not unreasonably withheld).

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

10.1 Informal Resolution. Before filing a claim, the initiating party must email a written notice to the other party describing the dispute and proposed resolution. The parties will attempt to resolve the dispute in good faith within 30 days.

10.2 Arbitration. If not resolved, any dispute, claim, or controversy arising out of or relating to this Agreement or the Services (whether based in contract, tort, statute, fraud, or any other legal theory) will be resolved by binding arbitration administered by JAMS (or, if JAMS is unavailable, by the American Arbitration Association) under its applicable rules for commercial disputes.

• Seat/Venue: Maricopa County, Arizona (or virtual hearing as permitted).
• Governing Law: Arizona law (including the Arizona Arbitration Act), excluding conflict-of-laws rules and excluding the U.N. CISG.
• Arbitrator: One neutral arbitrator with experience in commercial/technology matters.
• Relief: The arbitrator may award individual relief available in court (including injunctive relief) but may not award relief for or against anyone not a party.
• Confidentiality: The proceedings, submissions, and award will be confidential to the maximum extent permitted.
• Small Claims Option: Either party may bring qualifying claims in small claims court in Maricopa County, AZ instead of arbitration.
   

10.3 Class-Action/Jury Waiver. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Claims must be brought individually.

10.4 Injunctive Relief. Notwithstanding the above, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect IP or Confidential Information pending arbitration.

You may access our non-public information, including non-public portions of the Platforms (“Confidential Information”). You will protect Confidential Information with at least reasonable care and use it only to receive the Services. Exclusions apply to information that is public through no fault of yours, already known without duty, independently developed, or rightfully received from a third party. You may disclose where required by law with prompt notice to us (if legally allowed) to permit protective measures.

Certain in-person or virtual sessions may be recorded for quality, auditing, or educational purposes. We will disclose when recording is active. By remaining in a recorded session, you consent to such recording for internal educational/quality purposes. You may request a non-recorded alternative when feasible.

We are not liable for delay or failure caused by events beyond our reasonable control (e.g., acts of God, labor disputes, pandemics, government actions, network failures).

14.1 Term. This Agreement remains in effect while you use the Services.

14.2 Suspension/Termination. We may suspend or terminate access immediately if we believe you violated law or this Agreement. You may terminate by closing your account.

14.3 Data After Termination. We may retain certain records as required by law or for legitimate business purposes. Upon request within 60 days after termination, we may provide reasonable export of your non-PHI account data if available. Fees may apply for special formats/efforts. We have no obligation to retain data beyond legal/operational requirements.

15.1 Independent Contractors. The parties are independent contractors. No partnership, franchise, or agency is created.

15.2 Assignment. You may not assign or transfer this Agreement without our written consent. We may assign to an affiliate or successor.

15.3 Entire Agreement; Order of Precedence. This Agreement (including policies linked on the Website and any executed order form or BAA) is the entire agreement and supersedes prior discussions. If there is a conflict between an executed order form and these Terms, the order form controls for that purchase.

15.4 Severability; Waiver. If any provision is unenforceable, it will be limited to the minimum extent necessary; the remainder stays in effect. Failure to enforce is not a waiver.

15.5 Notices. Legal notices to us: Oxygen Under Pressure Hyperbarics LLC DBA RX-O2, HBOTcertification.com, [Insert Street Address], Scottsdale, AZ [ZIP], USA, with a copy to legal@HBOTCertification.com. Notices to you may be sent to your account email.

15.6 Governing Law. Arizona law governs (without conflicts rules), subject to Section 10.

15.7 Export/Use Restrictions. You will comply with U.S. export controls and sanctions.

15.8 Non-Disparagement (Professional Conduct). You agree to engage with instructors/staff professionally. This does not restrict truthful statements to regulators, payors, accrediting bodies, or in legal processes.

We understand schedules change. Due to the planning required for each training event:

• ≥ 60 days before the scheduled training date: Full refund of the training fee.
• 30–59 days before: 50% refund of the training fee.
• ≤ 15 days before: Non-refundable.
   

All cancellations must be emailed to info@HBOTCertification.com. Eligible refunds process within 10–15 business days of receipt. We may reschedule or cancel due to unforeseen circumstances (e.g., instructor illness, facility issues, insufficient enrollment). If so, you may transfer to another date or receive a full refund of training fees.

Oxygen Under Pressure Hyperbarics LLC DBA RX-O2, HBOTcertification.com
Email: info@HBOTCertification.com
Phone: 480-685-9022
Mailing Address: 9035 E Pima Center Parkway #11, Scottsdale, AZ 85258, USA