Any use of EMSTesting.com, Platinum Planner, and/or any other content (including for all purposes text, graphics, logos, icons, images, data compilations, software, etc.), information, or materials of PEG is subject to these terms and conditions, which are deemed accepted by paying for any use and/or any other use of the website(s) and/or the content, information, or materials of PEG (and any such use will serve as an electronic signature agreeing to these terms and conditions). Any additional or different terms proposed, or any attempt by any user to vary in any degree these terms and conditions, are hereby objected to and rejected. Failure to comply with these terms and conditions can result in suspension or termination of membership or use in the sole discretion of PEG.
These terms and conditions embody the entire agreement and understanding between a user and PEG and supersede all prior agreements and understandings relating to the subject matter hereof, whether oral or written. These terms and conditions are subject to revision in the sole and absolute discretion of PEG and any continued membership and/or use are conditioned on each user's agreement to such future revisions. Changes to: these terms and conditions; site content, information, or materials; and PEG policies, as well as other communications to users, may be made in the discretion of PEG and may be posted on the website(s) of PEG or otherwise communicated, including electronically, as determined by PEG.
Access to EMSTesting.com, Platinum Planner, and/or any of the content, information, and materials of PEG is provided only on and subject to the terms and conditions set forth herein. When a specific number of individual user licenses and/or other access, including student access, are granted, such access constitutes a limited, nonexclusive, and nontransferable right to use EMSTesting.com, Platinum Planner, or the other content, information, or material of PEG, as applicable. For students who do not pass or drop a class, a new fee may be required. Use is expressly limited to the intended purpose, such as normal testing functions or scheduling and skills tracking, as applicable. Users are expressly prohibited from storing and/or retrieving, downloading, copying, cutting and pasting, transcribing, or otherwise duplicating or distributing, displaying, posting, or modifying any PEG content, information, or materials. No use for commercial, political, or public purposes is permitted.
PEG reserves the right to terminate any contractual relationship or any part thereof and/or any other use if a user fails to comply with any of the terms and conditions herein as determined by PEG in its sole discretion. No use of any content, information, or materials of PEG is permitted after any termination of use.
Each user agrees to published prices which can be changed at any time upon advance notice from PEG.
None of the content, information, or materials of PEG are offered as a standard of care and there is no guaranty of completeness. Users of such content, information, or materials are responsible for verifying that content, information, and materials meet a user's need for such content, information, and materials. PEG is not responsible for the accuracy, legality, reliability, or appropriateness of such content, information, or materials and use of the same and website(s) of PEG is at each user's sole risk. All content, information, and materials of PEG, including compilations, are the exclusive property of PEG and are protected by applicable law, including U.S. and international copyright and trademark laws.
PEG shall not be liable for, and no breach by PEG shall occur as a result of, failure to perform PEG's contractual responsibilities if such failure is due to causes beyond PEG's reasonable control, including, without limitation, acts of God, users, civil or military authority, judicial action, fires, floods, epidemics, quarantine restrictions, strikes, war, riots, delays in transportation, or inability due to any other causes. Further, PEG makes no representation or warranty that its website, content, information, or materials will be uninterrupted, error-free, or free from any other problem that may impact the user.
The content, information, materials, and services of PEG are provided AS-IS" AND ON AN AS-AVAILABLE BASIS WITHOUT ANY WARRANTIES, WHETHER ORAL, STAT-UTORY, EXPRESS OR IMPLIED, AND PEG DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. PEG DOES NOT WARRANT ITS SERVICES OR E-MAILS SENT BY PEG ARE FREE OF VIRUSES OR OTHER HARMFUL CONTENTS.
Notwithstanding anything to the contrary, a user's remedies hereunder shall be limited to a refund of any amounts paid to PEG and shall specifically exclude any other damages, including direct, indirect, special, incidental, consequential, and punitive damages or other additional or further rights or remedies whether provided in law or equity. The liability of PEG for any and all claims of any kind for any loss or damage arising out of, in connection with, or as a result of a user's relationship with PEG, or from any performance or breach, shall in no event exceed the amounts paid to PEG by such user.
PEG shall exclusively own all right, title, and interest in its website(s), content, information, and materials. No rights of ownership are conveyed to any users, each of whose rights of use are limited as set forth herein. Each user agrees to promptly notify PEG of any potential or possible illegal or inappropriate use of the content, information, or materials of PEG and further to assist PEG in addressing any suspected illegal or improper use of the content, information and materials of PEG by any user and any other person within a user's control.
A user shall consider all content, information, and materials of PEG to be confidential and shall not disclose any such content, information, or materials to any other person or use such content, information, or materials for any purpose other than as contemplated herein.
If appropriate, users shall maintain all necessary insurance coverages appropriate for such user, including liability insurance.
Users will comply with all applicable state, federal, and local laws, rules, and regulations (including HIPAA and FERPA) in the use of the website(s) content, information, and materials of PEG. These terms and conditions and a user's relationship with PEG shall be governed by and construed in accordance with the internal laws of the state of Michigan, without regard to its conflicts of laws principles. Any dispute relating in any way to PEG shall be submitted to confidential arbitration in Grand Rapids, Michigan, except to the extent a user has violated or threatened to violate the intellectual property (patents, trademarks, trade names, copyrights, etc.) of PEG in which case PEG may seek injunctive or other appropriate relief in any state or federal courts located in Michigan (and users hereby consent to exclusive jurisdiction and venue in such courts). Arbitration shall be conducted under the prevailing rules of the American Arbitration Association and an arbitrator's award shall be binding, and may be entered as a judgment, in any court of competent jurisdiction.
Any provision of these terms and conditions which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
All claims for money due, or to become due, from PEG shall be subject to deduction or setoff by PEG by reason of any counterclaim or liability arising out of any transaction with a user.
Users are prohibited from damaging, disabling, or disassembling any of the property of PEG. Any violations of these terms and conditions can subject a user to any and all applicable damages incurred by PEG, including, but not limited to, charges of $250 per hour to correct or revise any content, information, and materials of PEG which have been compromised by a user or any party within a user's control.
These terms and conditions hereby incorporate any and all other policies and procedures of PEG, including any refund policy, which are also subject to change in the discretion of PEG.
User is solely responsible for user's, and anyone within user's control, use of the content, information, and materials of PEG, including for determining who may use PEG's website(s). User acknowledges and agrees that user is responsible for whatever material user submits to PEG and user agrees to never post or otherwise disseminate any unlawful, defamatory, libelous, threatening, obscene, harassing, vulgar, unprofessional, or otherwise inappropriate information.
User agrees that any information or materials it provides to PEG may be used by PEG for any lawful purpose (including research and disclosure to regulatory authorities). PEG will maintain user records and make them available to users in accordance with the policies of PEG.
For quality improvement and educational research purposes, any results, feedback, comments, and other testing related data may be collected; provided, however, confidentiality of the same will be maintained as reasonably appropriate.