Our Promises

PEG Refund Policy

Platinum Educational Group (PEG) proudly does their best to provide you with excellent customer service.

If you are experiencing technical difficulties or just need help with our websites/software, contact our help desk at 616-818-7877 or contact us at platinumed.zendesk.com.

Client/School/Institution Refunds

PEG recognizes that there will be times when our service cannot be used and require a refund to be issued. If the client finds he or she is unable to use this service due to client technical issues that cannot be rectified by our team in a timely manner, a refund may be honored within 30 calendar days of the invoiced date, minus an administrative/processing fee of up to 30% to cover bank fees and administrative charges. The Refund Procedure listed below must still be followed.

Refunds to clients of unused account credit: Refunds of unused credit is processed if the request is made within 30 calendar days of invoiced date; minus any monies that was ‘gifted’ to the client or not paid for, and minus an administrative/processing fee of up to 30% to cover bank fees and administrative charges. The Refund Procedure listed below must still be followed. Credit within the account can be used for other classes at the same school for student access fees, or as a partial payment toward the total amount of student access needed. The credit purchased does not expire in the account, as long as, the annual license stays active.

Refunds to clients of unused student access cards: Refunds of unused/unscratched student access cards must be in perfect condition with no added stickers or marks on the access cards or postcard they are adhered to; within one calendar year of invoiced date, minus an administrative/processing fee of up to 30% to cover bank fees and administrative charges. The Refund Procedure listed below must still be followed.

Used credit is transferred instead of giving refunds: If the institution purchased student access, and if a student drops or leaves a program within 10 calendar days of the student’s enrollment, plus the institution provides a written request per the procedure below, PEG will reissue the school credit to their account for future students to use. In most instances, once credit is used for student enrollments or license renewals, refunds will not be given, unless PEG seriously or maliciously violated our service agreement. Rarely, a situation can arise when credit is used for student enrollment; however, all of the students of a specific course did not use the software at all, due to unavoidable extenuating circumstance. In these rare situations, at PEG’s discretion and approval, the credit used for enrollment for that specific course could be re-issued by PEG for equal enrollment for students of a different course; then the enrolled credit is transferred or re-used for another course enrollment. Again, refunds will not be issued, and this resolution is due to rare and specific situations, at PEG’s discretion.

Bookstore Refunds:

Occasionally a College/School Bookstore will order too many access cards for their needs. When this happens, the Bookstore Manager will need to email the refund request to [email protected], and mail the extra access cards (at the Bookstore’s expense) with primary contact information, to our address: Platinum Educational Group, 4370 Chicago Drive Suite B#205, Grandville, MI 49418. For the refund to be processed, the student access cards must be in perfect condition, no damage to the card, the scratch-off section still needs to be intact, and no added bookstore stickers to the access card or postcard they are adhered to. The access cards must be returned to us within one year of the invoice date for the refund to be granted. An administrative/processing fee of up to 30% to cover bank fees and administrative charges may apply.

Student Refunds

PEG recognizes that there will be times when a student cannot use our software and require a refund to be issued. If the student discovers during the first 10 calendar days that they are not enrolled in the correct program or if the student withdraws without using the software, a refund may be issued, minus an administrative/processing fee of up to 30% to cover bank fees and administrative charges. Student must email [email protected], to make the refund request.

In cases where a student acquired an access number or an access card online from any source; however the student uses their own credit card instead of the access code/card, the student may be issued a refund, if the refund request is within 30 calendar days of signing up to use the software. In these situations, the refund will be subject an administrative/processing fee of up to 30% to cover bank fees and administrative charges.

Attention students seeking a refund: Our computer adaptive testing (CAT) portion within our software is designed to allow the student to experience a test similar to the National Registry, NCLEX or other adaptive testing experiences. It is not designed to be tutorial in nature and does not provide question/answer review. It does indicate on which learning objectives the student is strong and/or weak in. Platinum Educational Group does not issue refunds for students who are dissatisfied with the level of feedback from the CAT experience alone.

PEG’s Refund Procedure

• All requests for refunds will be documented in written or email form.
• Refunds are subject to an administrative/processing fee of up to 30% to cover bank fees and administrative charges.
• PEG should have a record of a help ticket submitted via our help desk.

Additional Refund Policy Notes

• PEG will NOT issue any refunds that were not directly purchased from PEG. If you purchased your access card/codes from Brady, Pearson, Amazon or another source, you will need to seek a resolution with that source.
• PEG will NOT issue any refunds that were not directly purchased from PEG, including ‘ free’ funds that were given. Any funds that were given to the student, bookstore, client, school, institution, at no cost to the student, bookstore, client, school, institution, will not be refunded. Examples of ‘free’ funds not being refunded include referral bonus funds, marketing or ‘appreciation’ funds, prorated funds, free credit funds or related.

Platinum Educational Group Transfer Policy

PEG recognizes that there will be times when enrollment mistakes are made and a transfer within our software is requested.

Transfers will be allowed for the following reasons:

• Transfer request is for another course/class within the same institution, at the same or lower provider level; if transfer is to a lower level course/class, the difference will not be refunded.
• The student of an active account is enrolled within their institution for the wrong course/class or if the instructor requests the transfer due to their own enrollment acceptance error.
• The student is active within the software and has to change course/class due to a shift scheduling change, to another similar course/class at the same institution.
• Transfer requests from one closing institution to another active institution for a course/class at the same or lower provider level, is considered on a case by case basis.
• If an institution waives tuition to another course/class at the same or lesser provider level, then we will waive the transfer fee, as well.
• Active military deployment or reassignment.

Transfers will NOT be granted due to:

• Student quits or fails their original course/class for any reason and now wants to enroll in a later course/class.
• Student had opportunity to use the access card/code in an active course/class and failed to use the access then, and now the student wants to enroll in a later course/class with the same access card/code.

PEG’s transfer procedure

• All transfer requests will be documented in written form from the client instructor or administrator; not a request from the student alone.
• Transfers are subject to administrative fee of up to 30% of the list price.

PEG reserves the right to change this policy at any time, and can decide transfer requests on a case-by-case basis.

Platinum Educational Group Website Privacy Policy (Effective Date: July 1, 2020)

This Privacy Policy is designed to help you understand how Platinum Educational Group, LLC and its related organizations and affiliates (“Platinum Educational Group”, “we”, or “us”), collects, uses and shares personal information collected through our websites, https://news.platinumed.com, https://emstesting.com, https://platinumplanner.com (the “Site”). We value your privacy, and we will not share your personal information with third parties except as described in this Privacy Policy without your consent.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THE PRIVACY POLICY, PLEASE DO NOT USE THIS SITE OR PROVIDE US WITH YOUR INFORMATION.

What this Privacy Policy Covers

This Privacy Policy applies to our collection, use and sharing of your personal information (a) when you visit our Site or utilize our testing solutions and/or training programs, (b) when you create an account with us, or (c) that we obtain from third parties such as Sponsoring Organizations, resellers, database vendors, content publishers and suppliers.

This Privacy Policy applies only to information gathered on and through the Site and does not apply to any other information or websites not owned or operated by Platinum Educational Group or information collected by Platinum Educational Group by other means.

Personal Information We Collect

Information You Give Us. Personal information you may provide through the Site or otherwise communicate to us includes:

• Contact information. We collect information about you when you provide contact information to us via email, mail, or through the Site, including when you create an account, engage in our testing solutions and/or training programs, subscribe to our communications, or apply for a job with us. This information may include your first and last name, email address, mailing address, phone number, and credit card information.
• Feedback and correspondence. We may collect information about you when you request information, respond to surveys, or otherwise correspond with us.
• Other information. We may collect other information from you that is not specifically listed here. We may use such information in accordance with this Privacy Policy.

Information We Get From Others. We may obtain additional information about you from third party sources, such as service providers, vendors, social media sites, and advertising agencies to provide you with more relevant information about our services.

Information Automatically Collected. Our servers and third party service providers may automatically record certain information about how you use the Site, such as your Internet Protocol (IP) address, device and browser type, operating system, DNS, the pages or features of the Site that you browsed and the time spent on those pages or features, the frequency with which you use the Site, the links that you click on or use, and other statistics. We collect this information in server logs and by using cookies and similar tracking technologies. See our Cookie Policy, below, for more information.

Statistical Analyses. We use Google Analytics to help us gather statistical information about the visitors to our Site and how they use the Site on an anonymous, aggregate basis. However, we will not associate this data with your personally identifiable data unless required to do so to cooperate with law enforcement activity or other governmental request or to comply with law. We may use this information to gain a better understanding of the users of our Site, to improve our Site, and to improve our services. Depending on the type of browser and device that you use, you may have the ability to control the type of information that Google Analytics use. To understand how Google Analytics collects and processes data, please visit www.google.com/policies/privacy/partners/. We reserve the right to license or sell aggregate, de-identified information about the visitors to our Site, but this information will not contain your personal information or otherwise be individually identifiable.

How We Use Your Personal Information

We use your personal information for the following purposes and as otherwise described to you in this Privacy Policy or at the time of collection:

• To create and maintain your account.
• To provide you and/or your Sponsoring Organization with information based on your test results from our testing solutions and training programs.
• To help us improve our Site, understand its users and their preferences, and to market our services.
• To respond to your requests, questions, comments, and feedback.
• To perform website analytics and database management services.
• To protect our business interests or the rights of others, when required by law, to cooperate with law enforcement, or in connection with the sale or merger of all or part of our business.

How We Share Your Personal Information

We may use third parties to help us design and operate the Site, provide services to support the Site, process your information, and provide promotional and marketing activities on our behalf. For example, we may hire a company to run certain website applications, help us analyze our data, or send information on our behalf about services and events in which you may be interested. Unless otherwise indicated at the time we collect your information, if we allow third parties to access the personal information we collect, we will have contractual provisions or other appropriate protections in place to ensure such access is for limited purposes and in compliance with this Privacy Policy.

We do not share your personal information with third parties without your consent, except in the following circumstances:

• Sponsoring Organization. We share the results of testing and training with third party organizations who paid for the use of the Platinum Planner or EMSTesting solutions (the “Solutions”) or otherwise made the Solutions available to you (“Sponsoring Organization”).
• Service Providers. We may share your personal information with third party companies and individuals as needed for them to provide us with services that help us with our business activities and to promote our services to you. A list of our current service providers is available upon request.
• Business Partners. We may share your personal information with our business partners who offer a service to you jointly with us. A list of our current business partners that have access to certain personal information we collect is available upon request.
• Security, Compliance, Fraud Prevention, Safety; Compliance with Law. We may disclose your personal information as we believe appropriate to government or law enforcement officials or private parties for the purposes described above under the following sections: For compliance, fraud prevention and safety and for compliance with law.
• Business Transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy.

Your Choices

Opt Out of Communications. You may opt out of email notifications by changing the communication preferences in your account settings.

Opt Out of Marketing Communications. You may opt out of marketing-related emails by changing the communication preferences in your account settings or by following the opt-out prompt in the email. To opt out of other forms of marketing communications, please contact us using the contact information provided at the end of this Policy.

Consequences of Not Providing Personal Information. You are not required to provide all personal information identified in this Privacy Policy to use our Site or to interact with us offline, but certain functionality will not be available if you do not provide personal information. For example, if you do not provide personal information, we may not be able to respond to your request, perform a transaction with you, or provide you with marketing that we believe you would find valuable.

Cookie Policy

What are Cookies? Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies set by the website are called “first party cookies.” Cookies set by parties other than the website are called “third party cookies.” Third party cookies enable third party features or functionality, such as advertising or website analytics, to be provided on or through the website. The parties that set these third party cookies can recognize your computer or device both when it visits the website in question and also when it visits certain other websites and/or mobile apps.

What Cookies and Other Tracking Technologies do We Use? We use several different kinds of cookies on this Site, including strictly necessary cookies, which are cookies that are necessary for the Site to function and cannot be switched off in our systems; performance cookies, which allow us to count visits and traffic sources so we can measure and improve the performance of our Site; and functional cookies, which enable the Site to provide enhanced functionality and personalization. Specifically, the cookies we use are:

Name	Domain	Category
Hubspot.api	Hubspot.com	Functional
Google Analytics	Google.com	Performance
WordPress	Platinumed.com	Functional

Cookies are not the only way to track visitors to a website. We may use similar technologies from time to time, like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our Sites. These technologies often depend on cookies to function properly, and so disabling cookies may impair their functioning.

If you sign up to receive our e-mails, we will also use cookies in conjunction with these emails. When your browser downloads any graphic content in the e-mail, we will also place a cookie on your computer that will tell us if you come to our website at a later date.

Third-Party Cookies. In addition to our own cookies, we collaborate with various Google, HubSpot, and Zendesk who also use cookies to help us optimize our Site and understand more about the visitors to our Site. For example, we use Google Analytics to provide us with demographic information about our visitors and to help us analyze how people use our website. To learn more about how Google Analytics uses cookies, please click here or visit Google’s website to view its privacy policy.

How Can You Disable Cookies and Other Tracking Technology? Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com.

Some Internet browsers also may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Other Important Privacy Information

Third Party Sites and Services. The Site may contain links to other websites and services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. We do not control third party websites, applications or services, and we are not responsible for their actions. Other websites and services follow different rules regarding their collection, use and sharing of your personal information. We encourage you to read their privacy policies to learn more.

Security. The security of your personal information is important to us. We take a number of organizational, technical and physical measures that are designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the absolute security of your personal information.

International Data Use. We are located in the United States and may have affiliates and service providers in other countries. Your personal information may be collected, used and stored in the United States or other locations outside of your home country. Privacy laws in the locations where we handle your personal information may not be as protective as the privacy laws in your home country.

Verifying, Changing, and Deleting Your Information. If you have registered for an account through our Site, you can access, review and manage many changes yourself via your account, including updating your profile information and changing your communication preferences. If the information you are seeking is not available within your account, you can contact us as detailed below and ask us to change, update or fix your information in certain cases, particularly if it is inaccurate. You can also request that we erase or delete all or some of your personal information or otherwise object to, limit, or restrict the use of such information (if we have no legal right or legitimate business interest in retaining such information).

Children. The Site is not intended for use by anyone under the age of 13, nor do we knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, you should not attempt to use the Site or send any information about yourself to us.

Changes to this Privacy Policy. We reserve the right to modify this Privacy Policy at any time. If we make changes to this Privacy Policy we will post them on the Site and indicate the effective date of the change. If we make material changes to this Privacy Policy we will notify you by email or through the Site.

Notice to California Residents

The following section applies to California residents.

(a) Shine the Light. Under California’s “Shine the Light” law, you have the right to ask us once a year if we have shared your personal information with third parties for direct marketing purposes. To make a request please contact us as instructed in the “How to Contact Us” section and specify you are making a Shine the Light request.

(b) California Consumer Privacy Act (“CCPA”). The CCPA creates consumer privacy rights and requires businesses to make disclosures about their privacy policies and practices. Pursuant to the CCPA, both our privacy practices and your privacy rights are discussed in detail in the following information.

Personal Information We Collect. We collect your personal information when you interact with our Site or otherwise communicate with us. For the purposes of this Privacy Notice, “personal information” means information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device.

We have collected the following categories of personal information covered by the CCPA from consumers within the past 12 months, and have used it for the following business purposes:

Category of Personal Information Collected

Business Purpose of Collection

Identifiers, including name, email address, telephone numbers, postal address, and Internet Protocol (IP) address.Financial information, including credit card and debit card number. Commercial information, including purchasing history. Occupation, professional, or employment-related information. Internet or other electronic network activity information, including browsing history, search history, and information regarding an individual’s interaction with an internet Web site, application or advertisement.

To market and provide our services, provide our testing and training tools, and to communicate with you. To facilitate payment for our products and services. To track orders and market our services to you. To respond to your requests and process your job application. To provide you more relevant content, track Site visits, and optimize your Site experience as well as to ensure our systems are properly functioning.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible business purposes without providing you notice.

Sharing Your Information. We do not sell your personal information, but may disclose it to third parties for a business purpose. We disclose identifiers with our service providers and Sponsoring Organization, and financial information to third party payment processors. We may also share your browsing data with internet service providers.

Please note that we may collect, use and share additional personal information about you that is governed by laws other than the CCPA, and our activities related to such personal information are not disclosed here.

Source of Personal Information. Our Privacy Policy contains more comprehensive details about the sources from which we obtain your personal information. To read this more detailed disclosure, see the section entitled “Personal Information We Collect” above. More broadly, we obtain the categories of personal information that are listed above in the following ways:

Directly from You. We collect identifiers and employment information when you:

• Create an account with us.
• Provide your contact information to us.
• Submit a request to us.
• Apply for a job with us.
• Use our testing and training tools.

Passively. We collect identifiers and browsing data passively when you:

• Visit and navigate our Site on any device.
• Receive or interact with our communications and Site that may contain cookies.

From Third Parties. We may receive identifiers about you from other sources. For example, we get information from:

• Our business partners, including online advertising networks.
• Social media platforms.
• Your Sponsoring Organization.

Your Rights. The CCPA gives you certain rights regarding your personal information:

• Right to Know. You may request no more than twice in a 12-month period that we provide you with copies of specific personal information we have collected, sold, or disclosed about you. However, under California law, we cannot provide you with certain sensitive information, despite your request (for example, we will not send you copies of your social security number even if it is something we collected).
• Right to Delete. You may request that we delete certain personal information we have collected about you, with certain exceptions.

Exercising Your Rights. To exercise your rights above, please submit a request to us via www.platinumed.com/ccpa or by emailing us at [email protected] or by calling us at 616.818.7877. Please describe your request with sufficient detail so we can properly respond to your request. As part of your request, please specify which right you are exercising and be prepared to provide the following information: name and contact information. We may ask for additional information to verify your identity. The information you provide in your request and any follow up information we ask for from you will be used solely to verify your request. After receiving your request, we may need to contact you for further information and will notify you if your request has been granted or declined, or if an exception applies to your request. Only you or an individual designated as your authorized agent to act on your behalf may make a request related to your personal information.

We may not discriminate against you if you choose to exercise your rights.

Responding to Your Rights Request. We will try to respond to your request within 45 days. If we need more time, we will contact you with the reason we need more time and the extension period. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. In response to your request to know, we will only disclose the information we have collected in the 12 months prior to our receipt of your request. Our response will also explain the reasons we cannot comply with any request, if applicable.

We do not charge a fee to process or respond to your request unless your request is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate prior to completing your request.

How to Contact Us

Platinum Educational Group, LLC
4370 Chicago Dr., Suite B #205
Grandville, MI 49418
United States of America

Email: [email protected]
Phone: 616-818-7877

This policy was last updated: 7/27/2020

Terms and Conditions of Use

PLATINUM EDUCATIONAL GROUP, LLC AND ITS ASSOCIATES PROVIDE THEIR SERVICES TO YOU SUBJECT TO THE FOLLOWING CONDITIONS. IF YOU VISIT OR UTILIZE THIS WEBSITE, YOU ACCEPT THESE CONDITIONS. PLEASE READ THEM CAREFULLY.

TERMS OF SERVICE

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.

AGREEMENT

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.

LICENSE

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.

TERMINATION

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.

PRICES

Each user agrees to published prices which can be changed at any time upon advance notice from PEG.

CONTENT

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.

FORCE MAJEURE

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.

WARRANTY

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.

REMEDIES

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.

INTELLECTUAL PROPERTY

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.

CONFIDENTIALITY

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.

INSURANCE

If appropriate, users shall maintain all necessary insurance coverages appropriate for such user, including liability insurance.

COMPLIANCE AND GOVERNING LAWS

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

SEVERABILITY

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.

ASSIGNMENT; SETOFF

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.

PROHIBITIONS

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.

OTHER POLICIES

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 RESPONSIBILITY

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 GRANT

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.

RESEARCH

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.

Payment Terms

All invoices are expected to be paid net 30 days of the invoice date. If any invoice is not paid within 60 days past the invoice date, we reserve the right to shut-off all access to any of our online services until the delinquent invoice is paid in full.