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Terms of Use

Last updated: March 21, 2025

These updated Terms of Use will take effect for existing users on April 15, 2025. For new users, the updated Terms of Use are effective immediately upon acceptance.

PESI, Inc. and its Subsidiaries (“Company”, “we”, “us”, or “our”) provide access to websites, mobile applications, other online platforms, and various digital products and services (collectively, “Services”). We also organize and host live, online, and in-person training and events (“Events”), and market, sell, and distribute a range of products and goods (collectively, “Goods”). These Terms of Use (“Terms”) govern your access to and use of the Services, attendance and participation at our Events, and the purchase and use of our Products. BY ACCESSING, ORDERING, USING, OR REGISTERING FOR, ATTENDING, OR PARTICIPATING IN ANY OF THESE OFFERINGS, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES, ORDERING OR USING GOODS, OR REGISTERING FOR, ATTENDING, OR PARTICIPATING IN EVENTS. THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES AND CLASS ACTION WAIVER TERMS APPLY. YOU AND THE COMPANY AGREE TO SUBMIT DISPUTES TO AN ARBITRATOR AND NOT TO SUE IN COURT IN FRONT OF A JUDGE OR JURY, EXCEPT IN SMALL CLAIMS COURT. SEE SECTION 17.

YOU MAY NOT ORDER, OBTAIN, OR ACCESS GOODS OR SERVICES OR REGISTER FOR, ATTEND, OR PARTICIPATE IN EVENTS IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING ANY OF OUR WEBSITES OR ANY OF THE WEBSITES’ CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.

SOME OF THE SERVICES, GOODS, AND EVENTS ARE ALSO GOVERNED BY SUPPLEMENTAL TERMS. THOSE SUPPLEMENTAL TERMS ARE PART OF OUR AGREEMENT WITH YOU. TO THE EXTENT THAT ANY SUPPLEMENTAL TERMS CONFLICT WITH THESE TERMS, THE SUPPLEMENTAL TERMS SHALL GOVERN TO THE EXTENT OF THE CONFLICT.

1. Interpretation and Definitions

Interpretation

In these Terms, the words below will have the meanings provided next to them. The definitions will have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Account means a unique account created for you to access our Service or parts of our Service, to order Goods, or to register for Events.
  • Company (referred to as either "the Company", "we", "us" or "our" in this Agreement) refers to PESI, Inc., 3839 White Ave, Eau Claire WI 54703 and its Subsidiaries.
  • Content refers to content such as text, images, audio, video, or other material or information that can be posted, uploaded, linked to or otherwise made available by you, regardless of the form of that content.
  • Device means any device that can access the Services, such as a computer, a cellphone, a augmented reality headset, virtual reality headset, or a digital tablet.
  • Feedback means feedback, innovations, ideas, or suggestions sent or provided by you regarding the Events, Goods, or Services.
  • Goods refer to the items offered by the Company on its websites, whether for sale or provided free of charge.
  • Order means a request by you to purchase or subscribe for Goods or Services from us or to attend an Event.
  • Payment Plan means a deferred payment agreement under which you agree to pay the Company through regularly scheduled, recurring payments.
  • Promotions refer to contests, sweepstakes, discounts, marketing campaigns, or other promotional offers made available by us.
  • Subscriptions refer to access to the Services offered on a subscription basis by us to you.
  • Subsidiary means any entity that is directly or indirectly controlled by, or under common control with, PESI, Inc. For the purposes of this definition, "control" (including, with correlative terms like "controlled by" and "under common control with") means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such entity, whether through the ownership of voting securities, by contract, or otherwise.
  • Third-party Service means any services or content (including data, information, products or services) provided by a third-party.
  • you or your(s) means the individual accessing, purchasing or using the Services or Goods, or attending an Event, or the company, or other legal entity on behalf of which such individual is accessing, purchasing, or using the Services or Goods, or attending or participating in Events, as applicable.

2. Privacy

We collect personal information about you through and in connection with your use of our websites, your purchase or use of Goods and Services, or your registration for or attendance at or participation in Events. Please see our Privacy Policy for more information regarding our collection, use, disclosure, and processing of your personal information. It also tells you about your privacy rights. Please read our Privacy Policy carefully before using the Services, ordering or using Goods, or registering for or attending Events. You have the option to manage your privacy choices here . Our Privacy Policy forms an integral part of these Terms and is expressly incorporated herein.

3. Placing Orders

By placing an Order with us, you warrant that you are legally capable of entering into binding contracts.

Your Information

If you wish to place an Order, you may be asked to supply certain information relevant to your Order including, without limitation, your name, email, phone number, credit card number and expiration date, billing address, and shipping information.

You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information you supply to us is true, correct, and complete; (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your Order.

Order Acceptance

You agree that your Order is an offer to buy or obtain, under these Terms, Goods and Services or to attend an Event listed in your Order. All Orders must be accepted by us or we will not be obligated to sell the Goods or Services to you or to enroll you in Events. We may choose not to accept any Orders in our sole discretion. After having received your Order, we will send you a confirmation email with your Order number and details of the items you have ordered. Acceptance of your Order and the formation of the contract of sale between us and you will not take place unless and until you have received your Order confirmation email.

Order Refusal or Cancellation

We reserve the right to refuse or cancel your Order at any time for certain reasons including but not limited to:

  • Goods availability;
  • Errors in the description or prices for Goods or Services; or
  • Errors in your Order.

We reserve the right to refuse or cancel your Order if we suspect fraud or an unauthorized or illegal transaction.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and our Returns Policy. Our Returns Policy forms a part of these Terms and is expressly incorporated herein. Please read our Returns Policy to learn more about your right to cancel your Order.

Your right to cancel an Order only applies to Goods that are returned in the same condition as you received them. You should also include all of the product instructions, documents and wrappings. Goods that are damaged or not in the same condition as you received them or which are used simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in your possession.

We will reimburse you no later than 14 days from the days day on which we receive the returned Goods. We will use the same means of payment as you used for the Order, and you will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods:

  • The supply of Goods made to your specifications or clearly personalized.
  • The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly, or where the date of expiry is over.
  • The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
  • The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
  • The supply of live-streamed digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent.
  • The supply of recorded digital content which is not supplied on a tangible medium if the performance has been completed with your prior express consent.

Availability, Errors, and Inaccuracies

We are constantly updating our offerings of Goods, Services, and Events. The Goods, Services, and Events marketed on our websites may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our Goods, Services and Events, and the advertising on our and other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

All prices posted on our websites are subject to change without notice. The Company reserves the right to revise its prices at any time prior to accepting an Order.

Unless otherwise specified, posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your Order confirmation email.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, you will have the right to cancel your Order.

Payments

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an Order. All Orders are subject to a one-time payment. Payment can be made through various payment methods we have available from time to time, such as Visa, MasterCard, Affinity Card, or American Express cards or online payment methods (PayPal, Google Pay, or Apple Pay, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your Order.

Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment of the Goods to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

Title and risk of loss pass to you upon our transfer of the Goods to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Product Returns and Refund Policy

If you are not satisfied with any Goods, please contact our Customer Service department so we can quickly investigate the issue.

Except for Goods designated on our websites as non-returnable, if you experience any audio, video, or technical issues with Goods, or if the content or continuing education credits do not meet your needs PESI will gladly accept returns within 90 days of purchase for a refund of your purchase price, less the original shipping and handling costs and/or cancellation fees if applicable. Please contact Customer Service before returning the Goods. Customer Service can be reached at 1-800-844-8260 or our contact us page. If returning physical product, please print your packing slip and place it in the package with the item(s) you are returning. In addition, please include a note explaining why you are returning the item(s). You can send your returns to the following address. Return address: PESI, Inc. 3839 White Ave Eau Claire, WI 54703

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.

Refunds are processed within approximately 5-7 business days of our receipt of returned Goods. Your refund will be credited back to the same payment method used to make the original purchase. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON OUR WEBSITES AS NON-RETURNABLE. In the rare event that we determine there has been an abuse of our Return Policy, we will not accept a return or exchange, even within 90 days of purchase.

4. Subscriptions

Subscription period

Some Services are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, to the extent permitted by applicable law, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it.

Subscription cancellations

You may cancel your Subscription renewal either through your Account settings page or by contacting the Company at 1-800-844-8260 or through our contact us page. You will not receive a refund for the fees you already paid for your current Subscription period and you will be able to access the Services until the end of your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

Consistent with applicable law, the Company will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

5. Payment Plans

Payment Plan Period

Some parts of the Service are available with a paid Payment Plan. If you choose to purchase any of our Services with a Payment Plan, an automatic recurring payment will be made by you on a periodic basis (such as weekly or monthly), depending on the type of Payment Plan you select when purchasing the Services.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, email address, and valid payment method information. Temporary or disposal email address must not be used.

Automatic Recurring Payment Failure

If your automatic recurring payment is declined or unable to be processed for any reason, we will attempt to contact you by phone or email. We may in our sole discretion permanently restrict your ability to use a certain payment method if that payment method fails. In the event any payment is not made and you do not make the required payment by the end of your billing cycle, your access to the Services may be suspended or cancelled.

Changing Automatic Recurring Payment

You have the right to change your automatic recurring payment method including, for example, making a change from one credit card that was initially selected to another credit card. You must authorize the recurring payment with the new credit card by calling the Company or by making changes to your Payment Plan by logging into your online account. Any changes are subject to approval by the Company. If the change is approved, your previously-approved payment method will be terminated within 24 hours of approval.

Payment Plan Cancellations

You may, at any time and without penalty, cancel your Payment Plan and pay the Company the remaining balance due on your purchase, in full. In the event you cancel your Payment Plan and do not make the required payment to the Company, your service may be suspended or cancelled.

6. Promotions

Any Promotions on Our websites may be governed by rules that are separate from these Terms.

If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

7. User Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a Third-Party Service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

The Services and any content viewed through the Services are for your personal and non-commercial use only. We grant you a limited, non-exclusive, non-transferable right to access the Service and view content through them. Except for the foregoing, no right, title, or interest shall be transferred to you. You agree not to use the Services for public performances or commercial use.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

8. Content

Your Right to Post Content

Our Service allows you to post Content. You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness.

By posting Content to the Services, you grant us the worldwide, irrevocable, and transferrable rights and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Services’ users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, and to refuse or remove this Content. The Company further reserves the right to format, edit, and change the manner of any Content. The Company can also limit or revoke the use of the Services if you post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But you acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Services.

9. Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of our copyright agent to dmca@pesi.com or by writing to Copyright Agent, P.O. Box 1000, Eau Claire, WI 54702-1000, USA and include in your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent by sending an email to dmca@pesi.com or by writing to Copyright Agent, 3839 White Avenue, Eau Claire, WI 54703, USA. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

10. Intellectual Property

The Service and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Services and all material on our websites is protected by copyright, trademark, and other laws.

Subject to additional terms or policies governing your purchase of, subscription to, and/or use of specific Services, we grant to you a limited, non-transferable, non-exclusive, non-sublicensable license to use the Services for their intended purpose and subject to the terms and contained in these Terms and the applicable Privacy Notices.

You are responsible for meeting the then-current hardware, operating system, Internet browser, and other technical requirements necessary to properly use and access the Services. All rights not specifically granted herein are reserved by us. You acknowledge that the license granted under these Terms does not provide you with title to or ownership of the Services, or the Goods, but only a right of limited use subject to the terms and conditions of these Terms.

You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms) content and information contained on or obtained from or through the Services. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Services; use any robot, spider, scraper or other automated means to access the Services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services; insert any code or product or manipulate the content of the Services in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of the Services if you violate these or are engaged in illegal or fraudulent use of the Services.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

11. Your Feedback to Us

You assign all rights, title and interest in any Feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

12. Links to Other Websites

Our websites may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

13. Termination

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Service.

14. Limitation of Liability; Indemnity

To the maximum extent permitted by applicable law, in no event shall the Company or its directors, officers, employees, agents, contractors or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to your purchase or use of any Goods or Services, registration for, attendance at or participation in Events, inability to use the Services, third-party software and/or third-party hardware used with the Services, or otherwise in connection with any provision of these Terms (however caused and on any theory of liability, including negligence), even if the Company or any supplier is aware or has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Notwithstanding anything to the contrary contained herein, to the maximum extent permitted by applicable law, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by you to us for the relevant Goods, Services, or Events, but in no case will our liability to you exceed USD100. You acknowledge that if no amount is paid by you to us for the Goods, Services, or Events, your remedy shall be limited to injunctive relief only unless otherwise permitted by law, and you shall not be entitled to damages of any kind from us, regardless of the cause of action.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

You agree to indemnify and hold PESI, Inc. and its Subsidiaries and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your purchase or use of any Goods or Services, your attendance at or participation in Events, or any violation of these Terms or of any law or the rights of any third party.

15. "AS IS" and "AS AVAILABLE" Disclaimer

The Services, Goods, and Events are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, PESI, Inc., on its own behalf and on behalf of its Subsidiaries and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, Goods, and Events, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Services, Goods, or Events will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of its providers or suppliers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services; or (iv) that the Services, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

16. Governing Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Wisconsin.

In the event of any dispute that is not subject to binding arbitration, you agree to submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Eau Claire County, Wisconsin as the legal forum for any such dispute (other than small claims court actions which may be brought in the county where you reside).

These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of the country where you habitually reside.

17. Disputes Resolution and Binding Arbitration

In the event of any dispute between you and the Company, send a notice of dispute to disputes@pesi.com. In the notice, provide your name, address, contact details, a description of the dispute, and the outcome you seek.and the Company agree to attempt for 60 days, after the Company’s receipt of a notice of dispute, to resolve informally any such dispute.

If the dispute is not resolved, YOU AND THE COMPANY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THIS WEBSITE OR ANY OTHER OF OUR WEBSITES, THE SERVICES, THE EVENTS OR YOUR REGISTRATION FOR, ATTENDANCE AT, OR PARTICIPATION IN EVENTS, OR YOUR PURCHASE, ACCESS, VIEWING, OR USE OF PRODUCTS OR SERVICES THROUGH ANY OF OUR WEBSITES WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER THE FEDERAL ARBITRATION ACT ("FAA").

The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section . (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The FAA will govern the interpretation and enforcement of this Section 17.

A neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY TO YOU INDIVIDUALLY TO SATISFY YOUR INDIVIDUAL CLAIM, BUT NOT RELIEF THAT WOULD AFFECT NON-PARTIES.

If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

You may elect to pursue your claim in court rather than arbitration if you provide us with written notice of your intention to do so within 30 days of your purchase. Any such court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If your dispute notice involves claims similar to those of at least 14 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, you and we agree that these claims will be “Related Cases.” You and we agree that the AAA’s Mass Arbitration Supplementary Rules in effect when the Demand for Arbitration is filed, as modified by this Section 17, will apply to Related Cases. Related Cases may only be filed in batches of up to 30 individual arbitrations at a time, and those individual arbitrations will be resolved in the following manner: (i) for the first batch, each side may select up to 15 of these Related Cases to be filed and resolved in individual arbitrations under this Section 17; (ii) none of the other Related Cases may be filed or prosecuted in arbitration until the first batch of up to 30 individual arbitrations is resolved; and (iii) if, after that first batch, the parties are unable to resolve the remaining Related Cases, a second batch of Related Cases may be filed, where each side may select up to 15 of the Related Cases to be resolved in individual arbitrations under this Section 17. This process of batched individual arbitrations will continue until the parties resolve all Related Cases informally or through individual arbitrations. A court has exclusive authority to enforce this paragraph, including whether it applies to a given set of claims, and to enjoin the filing or prosecution of arbitrations that do not comply with this paragraph.

In these Terms, the term “Dispute” will have the broadest possible interpretation and will include any claim or controversy between you and us regarding these Terms, our Websites, the Services, the Events, the Goods, the price of the Services, Events, or Goods, your use of the Services or Goods or attendance at or participation in Events, your account on our websites, marketing, communications, your purchase transaction, or billing, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of our or our licensors’ intellectual property rights.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

18. For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

19. United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

20. Assignment

We may assign these Terms, in whole or in part, at any time without notice to you. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this prohibition is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

21. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

22. Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable, invalid, void or illegal, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect, failing which that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. The waiver by the Company of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

23. Translation Interpretation

We may make a translated version of these Terms available to you on our Services. You agree that the original English text shall prevail in the case of a dispute.

24. Changes to These Terms or the Services

We reserve the right, at our sole discretion, to change or replace these Terms at any time. If a change is material, we will make reasonable efforts to tell you. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our websites or Services after those changes become effective, you agree to be bound by the new Terms. If you do not agree to the new Terms, in whole or in part, you must stop using our websites and Services.

We may sometimes need to change or remove features of the Services or stop providing the Services partially or totally. Except to the extent required by law, we have no obligation to provide replacements for those features or the Services.

25. Contact Us

If you have any questions about these Terms, you can contact us on this page: https://www.pesi.com/customercare/contactus.

Mailing address:

PESI, Inc.
3839 White Avenue
Eau Claire, WI 54703
USA

Street address:

PESI, Inc.
3839 White Avenue
Eau Claire, WI 54703
USA

PESI, Inc. does business as “PESI”, “Mindsight Institute”, “PESI Canada”, “PESI Healthcare”, “PESI Life”, “PESI Rehab”, and “Psychotherapy Networker”.