By using Continuing Education Programs, preferrededucation.com or preferrededucation.net web sites ("Service"), or any services of Preferred Systems, Inc ("hereafter PSI"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.
PSI reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk.
A. Account Terms
- You must be 18 years or older to use this Service
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. PSI cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have login access to your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
B. Payment, Refunds, Upgrading and Downgrading Terms
- All plans must enter a valid credit card.
- All fees and charges incurred in connection with your PSI account will be billed to the credit card designated during the registration process for the Account or subsequently designated by you to PSI. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may change your card details by clicking the “My Account” tab, then "Payment Information".
- All monthly plans will continue and renew automatically, unless properly cancelled (see Section C #1)
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. An upgrade to any higher priced plan will immediately bill you for the prorated difference for the current billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing(s). This credit will not be refunded.
- Downgrading your Service may cause the loss of features or capacity of your Account. PSI does not accept any liability for such loss.
- Once any paperwork in connection with your account has been filed with the state or any other certification board, all setup or application fees are non-refundable.
C. Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the “My Account” tab then the “Payment Information” tab. Then clicking the "Cancel My Account" lets you cancel your account.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect on your next billing renewal date and you will not be charged again.
- PSI, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other PSI service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. PSI reserves the right to refuse service to anyone for any reason at any time.
- Should you decide to cancel your account or temporarily de-activate your account, a one-time re-activation fee of $500.00 will be charged to your account upon re-activation of service.
D. Modifications to the Service and Prices
- PSI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the PSI site (preferrededucation.net) or the Service itself.
- PSI shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
E. Course Scheduling
- Some states require a specified number of days’ notice prior to scheduling a course. If your state requires such notice, you will be notified at the time of scheduling the course whether the date selected allows for sufficient notice.
F. Copyright and Content Ownership
- All courses and related course materials remain the sole property of PSI and may only be used during the period in which your account remains active. If you choose to cancel your account and discontinue service, you may not duplicate, copy, re-use or re-distribute any portion of the courses or course materials provided with this service, without express written permission from PSI.
- If you are providing your own course(s) and course materials to PSI for use with your account, you will have the option to provide full ownership rights for the course(s) to Preferred Systems in exchange for a one-time payment of $200.00. You may also choose to keep the course(s) private and accessible only via your account.
G. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders. Support is only available in English.
- You understand that PSI uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, PSI, or any other PSI service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by PSI.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any PSI customer, employee, member, or officer will result in immediate Account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, or "spam" messages.
- PSI does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that PSI shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PSI has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.
- The failure of PSI to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and PSI and govern your use of the Service, superseding any prior agreements between you and PSI (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Pennsylvania law.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
These Terms will be governed by Pennsylvania law except for its conflicts of laws principles.
Accuracy and Availability of Information
The Site contains database information and other content compiled by PSI. While we use commercially reasonable efforts to provide accurate information, PSI gives no warranty as to the accuracy of the database and other content on the Site. PSI reserves the right to withdraw or delete information or content from the Site at any time.
Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by PSI except in a signed, non-electronic writing signed by an authorized representative of PSI.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you by sending a message to the email address associated with your account. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.