TERMS & CONDITIONS
This Student Agreement (the "Agreement") is made effective upon its acceptance by each student, between Preferred Systems, Inc., a corporation organized and existing under the laws of the state of Pennsylvania, with its principal place of business at 1001 State Street, Suite 1400, Erie, PA 16501 (the "Company"), and the undersigned student (the "Student").
1. COURSE PARTICIPATION AND ATTENDANCE
The Student agrees to participate in one or more course(s) provided by the Company (each a “Course” and collectively the “Courses”) and instructed by a Company-approved instructor. A Course may be delivered in a classroom or online in the Company’s sole discretion. The Student understands that in order to receive credit for a Course, the Student must attend the Course in its entirety. If the Student does not complete 100% of the Course, the Student will not be eligible to receive credit for such Course.
2. FEES
For any Course that requires a fee, the Student's enrollment is conditional upon the prior receipt of all such fees by the Company.
3. CONTINUING EDUCATION CREDITS
The Student acknowledges that in order to receive continuing education credits for a Course, the Student must provide the Company with all information requested by the Company in a timely manner and such information must be complete and accurate. The Student also understands that he or she must complete all Course requirements, including but not limited to, attendance, participation, assignments, and examinations (if applicable). The Student understands that if he or she fails to meet any Course requirements or if any of the information provided to the Company by the Student is incorrect, reporting of continuing education credits may be delayed or the Student may not receive continuing education credits for the Course. The Student agrees to contact the Company promptly if the Student does not receive requested continuing education credits more than thirty (30) days after completing a Course.
4. CONFIDENTIALITY
The Student agrees to maintain the confidentiality of any proprietary information shared during each Course and not to disclose such information without the Company's prior written consent.
5. POLICIES AND PROCEDURES
As a participant in the courses provided by the Company, each student is required to review, understand, and agree to adhere to the Company's established policies and procedures. This agreement ensures that all students are aware of the standards and expectations that govern the Company's educational programs. By enrolling in any course offered by the Company, the Student confirms that they have accessed, read, and understood the "Continuing Education Administrative Policies and Procedures" of the Company. These policies and procedures encompass important information regarding course conduct, evaluation, attendance, confidentiality, and other relevant aspects of the educational programs. The student recognizes that they are expected to adhere to the guidelines and expectations outlined in the policies and procedures. This includes but is not limited to attendance requirements, participation in course evaluations, and upholding the standards of academic integrity and professional conduct. The student agrees to abide by all the policies and procedures during their enrollment in the courses. Failure to comply with these policies may result in appropriate actions, including but not limited to the revocation of course credits, dismissal from the course, or other measures deemed necessary by the Company.
6. CODE OF CONDUCT
The Student agrees to adhere to the following requirements while participating in the Course (the “Code of Conduct”):
6.1 Respectful Behavior: The Student shall maintain a respectful attitude towards the Instructor, other students, and the learning environment. This includes refraining from any disrespectful or disruptive behaviors such as inappropriate language, harassment, or any form of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
6.2 Academic Integrity: The Student agrees to uphold the highest standards of academic integrity. This includes refraining from plagiarism, cheating, or other forms of academic dishonesty. All work submitted for the Course must be the Student's original work, except where properly cited.
6.3 Confidentiality: The Student shall respect the privacy of others by not disclosing any personal information about other students, the Instructor, or the Company, without prior consent.
6.4 Non Discrimination: The company and our student community are jointly committed to ensuring non-discrimination in all our educational courses and programs. We stand firm in providing equal access and fair treatment to everyone, irrespective of race, color, religion, gender, national origin, age, disability, sexual orientation, or any other protected status. This principle of inclusivity is a fundamental aspect of our educational environment, and we expect every member of our community to actively uphold and advocate for this standard.
6.5 Use of Course Materials: The Student agrees to use the course materials only for the purpose of their own learning and not to copy, distribute, or sell course materials without the express permission of the Company.
6.6 Digital Citizenship: If the Course is delivered online, the Student agrees to be a responsible digital citizen. This includes refraining from inappropriate behavior such as trolling, cyberbullying, or sharing inappropriate material.
6.7 Revisions to the Code of Conduct: Notwithstanding Section 14, or any other provision of this Agreement, the Company may, at any time, in its sole and absolute discretion, revise, replace or supplement its Code of Conduct. The Company shall notify Student of any changes in its Code of Conduct by written notice, email or by posting the Code of Conduct to the Company’s website.
7. REFUND POLICY
7.1 Cancellation: To be eligible for a refund, a Student must cancel their enrollment in a Course in writing or by email at an email address designated by the Company, and the Company must receive such cancellation request at least 24 hours prior to the start of the Course. Cancellation requests made less than 24 hours prior to the start of the Course will not be eligible for a refund.
7.2 Company Cancellation or Rescheduling: If the Company cancels a Course, the Student will be given the option to either attend a rescheduled session of the same Course (if available) or receive a full refund of the Course fee paid to the Company by the Student.
7.3 Refund Request: All refund requests must be made in writing and sent to the Company's designated contact. The Company will process the eligible refunds within a reasonable period, and the amount will be refunded using the original method of payment, or by such other method as the Company may determine in its sole discretion.
7.4 No Other Circumstances: Except as set out above, the Company will not issue any refund under any other circumstances. The Student is advised to consider their personal and business circumstances before enrolling in a Course.
7.5 Acknowledgement: By enrolling in a Course, the Student acknowledges that he or she has read, understands, and agrees to be bound by this Refund Policy.
8. TERMINATION
8.1 Grounds for Termination: The Company may terminate this Agreement and the Student's enrollment in the Course for any reason including, but not limited to, the Student's failure to comply with the terms of this Agreement, non-payment, or violation of the Code of Conduct as outlined in Section 6.
8.2 Consequences of Termination: Upon termination of this Agreement for any reason, the Student will not be entitled to any refund or credit of Course fees. The Student will also lose access to any Course materials, resources, or any other benefits associated with the Course.
8.3 Reporting of Illegal Activities: In the event of a termination due to a violation of the Code of Conduct that involves illegal activities, the Company reserves the right to report such activities to the appropriate authorities.
8.4 Notification: Termination will be communicated to the Student in writing or by email or such other method as the Company may determine and will take effect immediately upon delivery of the notice.
8.5 Survival: Notwithstanding the termination of this Agreement, and subject to Section 8.2 (Consequences of Termination), this Agreement and each of its provisions shall survive termination of this Agreement.
8.6. Assumption of Risk: The Student understands and agrees that participation in a Course may carry with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries, damages or losses of any kind. The Student knowingly and freely assumes all such risks, both known and unknown, even if arising from the negligence of the Company, the Instructor, or others, and assumes full responsibility for their participation in a Course.
9. LIMITATION OF LIABILITY & RELEASE
9.1 Limitation of Liability: In no event shall the Company, its officers, directors, employees, agents, members, representatives, licensors or his, her, its, or their (as applicable) respective successors and assigns, be liable for any direct, indirect, punitive, incidental, special, consequential, or any other damages of any kind, including, but not limited to, injury, loss, damage (collectively “Losses”), or any other costs incurred by the Student, arising out of or in any way connected with the use of a Course or for any inaccuracies with respect to any information, products, and services obtained through a Course, whether based on contract, tort, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages.
9.2 Release and Waiver: The Student, for himself or herself and on behalf of his or her heirs, assigns, personal representatives and next of kin, hereby releases, waives, discharges, and agrees to hold harmless the Company, its affiliates, instructors, and its and their respective directors, officers, members, shareholders, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors and assigns from any and all Losses, whether at law or equity, whether known or unknown, arising out of or in connection the Student’s participation in a Course. This includes any claims based on the negligence, action or inaction of the Company, its instructors (including employees and independent contractors) or any other individual or entity and regardless of whether such Losses are currently known, foreseeable, or entirely unexpected.
9.3 Course Content Disclaimer: The Student accepts the course AS-IS. The course content provided by the Company is intended solely for educational purposes. While the Company strives to ensure that the content is accurate and up to date, the Company makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the course content, including but not limited to warranties of fitness for use and merchantability. The Student acknowledges and agrees that any reliance upon such information is strictly at the Student’s own risk.
9.4 Course Outcomes: The Company does not guarantee that the Student will achieve any particular outcome as a result of taking any Course including but not limited to enhancing the Student’s future career prospects. The Company's role is limited to making available to the Student the Course(s) and any related materials for which the Student subscribes and pays hereunder.
9.5 Maximum Liability: The Student acknowledges and agrees that the Company is not insurer. In the event the Company is found liable for any Losses that arise out of or are in any way connected with the Student's use of the Course material or his or her participation in the Course, the Company’s liability shall in no event exceed the total of any subscription or similar fees paid by the Student with respect to =the Course at issue.
9.6 Acknowledgement: The Student acknowledges that he or she has read and understands the limitations of liability and other provisions contained in this Section 9 and agrees that these are fair and reasonable limitations without which the Company would not have enrolled the Student in the Course.
10. INDEMNIFICATION
The Student shall indemnify, defend and hold harmless the Company, the Instructor, and its and their parents, subsidiaries, shareholders, members, employees, agents and representatives (collectively “Releasees”) against any and all Losses (including, but not limited to, reasonable attorneys’ fees) arising out of or in connection with the Student's participation in any Course.
11. DATA PROTECTION; RELEASE AUTHORIZATION
The Student acknowledges and agrees that the Company may collect and store personal data for the purposes of facilitating the Course, and for ad. The Company will take reasonable measures to protect such personal data in accordance with applicable laws and regulations. Notwithstanding the foregoing, where the Student’s enrollment in a Course is in connection with a third party certification examination and the Student participates in the third party certification examination, or where the Student has notified the Company that it seeks continuing education credit, the Student hereby authorizes (a) the third party certification body and the continuing education board or organization to release the Student’s name and identifying information to the Company; (b) the Student authorizes the Company to collect, use, store, and transfer the Student’s course participation results in connection with certification and compliance reporting; and (c) the Student authorizes the Company to disclose personal data if the Company believes in good faith the disclosure is required by law, such as to comply with a subpoena, warrant, court order, or similar legal or administrative process. In addition, in the event of the sale of the Company or substantially all of its assets, whether by merger, asset sale, contribution, exchange or otherwise (a “Sale Event”), the Company may transfer to the buyer, transferee or other counterparty to such transaction any such Personal Data, without prior notice to or consent from the Student.
12. DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration shall be conducted in Erie, Pennsylvania or such other location in Pennsylvania as the Company may choose. The expenses for any arbitration initiated under this agreement will be divided equally between the Company and the Student. However, the party that wins the arbitration will have the right to have their reasonable attorney's fees and other costs, including arbitration costs, covered as part of the award given by the arbitrator.
13. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the state of Pennsylvania without regard to conflicts of laws principles.
14. AMENDMENT
No amendment, alteration or modification of any of the provisions of this Agreement will be binding unless made in writing and signed by each of the parties hereto.
15. NO THIRD-PARTY BENEFICIARIES
This Agreement is intended solely for the benefit of the parties and the Company's respective successors and permitted assigns and shall not confer upon any other person any remedy, claim, liability, reimbursement, or other right.
16. VENUE; JURISDICTION.
THE EXCLUSIVE JURISDICTION FOR ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATINGTO THIS AGREEMENT SHALL BE IN THE STATE AND FEDERAL COURTS LOCATED IN ERIECOUNTY, PENNSYLVANIA AND THE COURTS WITH APPELATE JURISDICTION THEREFROM, ANDEACH PARTY HERETO IRREVOCABLY WAIVES ANY OBJECTION IT MAY NOW OR HEREAFTER HAVEAS TO THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN SUCH A COURTOR THAT SUCH COURT IS AN INCONVENIENT FORUM.
17. COUNTERPARTS; ELECTRONIC SIGNATURE
This Agreement may be executed in counterparts. Electronic, facsimile or photocopied signatures shall be considered as valid signatures.
18. ENTIRE AGREEMENT
This Agreement contains the entire understanding and agreement between the parties hereto with respect to its subject matter and supersedes any prior or contemporaneous written or oral agreements, representations, or warranties between them relating to such subject matter.
19. DIGITAL AGREEMENT TO TERMS & CONDITIONS
By checking the box on the registration page, the undersigned student hereby acknowledges and agrees to the following:
19.1 Confirmation of Understanding: The student affirms that they have read, understood, and agree to be bound by the Terms and Conditions of the course as outlined by the Company. The student recognizes that these terms set forth the rights, obligations, and expectations for both parties involved.
19.2 Informed Consent: The student confirms that their agreement to these terms is made freely and without duress, and that they have had the opportunity to seek clarification or legal advice regarding these terms prior to agreeing.
19.3 Digital Signature Equivalence: The student understands and agrees that checking the box on the registration page constitutes a legal and binding digital signature, which holds the same validity and enforceability as a handwritten signature, in accordance with the Electronic Signatures in Global and National Commerce Act (E-Sign Act), or other applicable laws and regulations.
19.4 Record of Agreement: The student acknowledges that this digital agreement will be maintained as part of their participant record with the Company and that a copy of the Terms and Conditions is available at anytime upon request.
19.5 Compliance and Consequences: The student agrees to comply with all the provisions outlined in the Terms and Conditions and understands that failure to adhere to these terms may result in consequences as detailed in the agreement, up to and including termination of their participation in the course.