Terms and Conditions

Last updated: May 05th 2024

This PeakMinder Terms & Conditions (“Terms”) applies to the PeakMinder website (www.peakminder.com) (the “Site”) or when you use any of our mobile or tablet applications or other online service, product or program (collectively, the “Services”) offered through the Site or other websites that link to or refers to these Terms. The Site and Services are operated by PeakMinder also known as (“PeakMinder”, “we”, or “us”) or our affiliates, partners or authorized agents.  

Our customers include individuals, enterprise and governmental organizations.  These Terms apply to all customers who access our Site and use the Services, as further described below.  For enterprise and governmental customers, we may enter into separate agreements for specific services. To the extent those agreements may include differing terms and conditions, those agreements will govern.

Please read these Terms carefully before accessing or using the Site or Services. BY YOUR USE OF THE SITE AND/OR SERVICES, YOU ARE SIGNIFYING THAT YOU AGREE TO ABIDE BY THESE TERMS AND OUR PRIVACY POLICY.
Our Privacy Policy can be accessed (Here)

Use of Training Materials

PeakMinder’s certification and training courses, preparatory materials, test materials and related products (collectively, the “Training Materials”) that you or your employer have purchased are to be used for your individual and personal or professional use and benefit. Unauthorized commercial resale of the Training Materials is strictly prohibited. Please be advised that PeakMinder personnel regularly monitor various commercial online auction websites in order to prevent the unauthorized sale of the Training Materials. We reserve all its rights in the event of a violation of this prohibition, which may include discontinuation of the auction itself, suspension of your privileges as a seller, and enforcement of our rights under law and equity.

Creating, purchasing, and/or using photocopied (i.e., pirated, illicit copies) study notes or other preparatory materials violates the law and may violate Code of Ethics and Standards of Professional Conduct as set forth by the respective accrediting agencies.

Shared use of the Training Materials is also strictly prohibited. PeakMinder will only support registered purchases of the Training Materials obtained or accessed directly from PeakMinder or from an authorized distributor. The Training Materials are intended for individual and personal or professional use only unless specifically approved in writing by PeakMinder.

You understand that PeakMinder may revise the content of the Site, Services and Training Materials from time to time to improve them or otherwise meet its training objectives. We may add or remove materials that it considers as unnecessary or no longer relevant for exam preparation. Once the material is removed it will not be accessible and will not be available upon request.

PeakMinder may provide you feedback about your performance on the tests and exams in our electronic products, if applicable. This is intended to highlight areas of your strengths and weaknesses. You understand that this performance feedback is meant to assist you in your preparation for your course exam and is in no way intended to act as a guarantee, projection or a forecast of your actual exam score. In addition, this performance feedback is intended only as a diagnostic tool of your knowledge as you prepare for your specific exam, and your actual score(s) may be affected by factors beyond our control.

We maintain 24/7/365 system availability for access to our online Services and Training Materials except during scheduled maintenance periods.

Payment

Payment of applicable Course Fees and any other associated costs must be paid in full before the start of the course. We accept Visa, MasterCard, American Express, Paypal, corporate direct payments, and company purchase orders. Course Fees cover all applicable course materials and course software. Unless other arrangements are made for specific customers, all payments are to be made through your account with us.

As further described below, payment of the applicable Course Fees entitles you to a personal limited, nonexclusive, and nontransferable license which entitles the end user to any of the provisioned materials. Except as may otherwise be provided by PeakMinder in writing, transferring or sharing your license with anyone else is a violation of the licensing agreement and may be subject to legal action.

Cancellation, Refunds and Returns

At PeakMinder, we are here to support you every step of the way, even through challenging times. Whether you face circumstances that interfere with your preparation, have changed your mind about your study plans, or have not seen the success you expected on your exams, we are here to help. We offer refunds and exchanges for any accidental purchases or schedule changes.

PeakMinder will honor a refund up to 14 days from the date of purchase of any Practice Test or Practice Lab products.

If you purchased a PeakMinder product through a third party reseller, you will need to contact the company you purchased through regarding your order.

Intellectual Property

The Site, Services, Training Materials and other materials available on the Site or Services, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files, and other content, are the property of PeakMinder and/or its affiliates or licensors, and are protected by copyright, patent, and/or other proprietary intellectual property rights under the United States and foreign laws.

You may print and download portions of material from the different areas of the Site solely for your personal and non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded or offline available material, is strictly prohibited without the express written consent of PeakMinder. You agree not to change or delete any proprietary notices from materials downloaded from PeakMinder. You agree that you shall have no recourse against PeakMinder for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

PeakMinder and our Training Materials and Services are trademarks of PeakMinder, its affiliates or partners and are owned by the PeakMinder. Other marks which appear on the Site may be marks of third parties that are not affiliated with PeakMinder.

License

Payment of the applicable Course Fees assigns you an individual, nonexclusive, and nontransferable license to attend a specified certification course or other program.

Unless we specify otherwise in writing, you may not transfer or share your username/user id and password with anyone, even if that person has his or her own subscription with us. Such sharing of usernames/user ids and passwords is a violation of these terms and will result in immediate suspension of your privileges without refund and may be subject to legal action. PeakMinder monitors its Site and access to its Services for visitors and enforces its one subscriber/one user policy diligently.

You may not commercially exploit content from the Site, Services or Training Materials, nor may you distribute derivative works from the material on the Site, Services or Training Materials. The burden of determining that your use of any information, software, or any other content on the Site or Services is permissible rests with you.

Restrictions on Participation

You must not misuse the Site or Services or any of the Training Materials or other content provided on the Site or Services. You may not interfere with the presentation or delivery of the content on the Site or Services or try to access the Site or Services using any method other than the interface and the instructions that we provide.

As a condition of accessing the Site or Services, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services other than as expressly allowed under these; (b) use PeakMinder’s name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Site or Services (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Site, place pop-up windows over its pages or otherwise affect the display of its page; (e) use any manual process to monitor or copy any of the material on the Site or Services or for any other unauthorized purpose; (f) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or (g) otherwise interfere with or disrupt the Site or Services or  networks connected to the Site or Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or Services.

Rules for Online Conduct

You agree to use the Site or Services in accordance with all applicable laws. You agree that you will not use the Site or Services for organized partisan political activities. You also agree that you will not e-mail or post any of the following content (“Prohibited Content”) anywhere on the Site or Services:
  • Content that defames, harasses, or threatens others.
  • Content that exploits, harms, or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • Content that discusses illegal activities with the intent to commit such activities or encourages others to commit such activities.
  • Content that infringes or misappropriates another’s intellectual property rights, including, but not limited to, copyrights, trademarks, patents, or trade secrets.
  • Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties.
  • Material that contains obscene (i.e., pornographic) language or images.
  • Advertising, promotional materials, or any form of commercial solicitation.
  • Content that impersonates or attempts to impersonate another user, person, or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
  • Content that otherwise harms other users or visitors to the Site or Services.
  • Content that is otherwise unlawful or that violates any applicable local, state, national or international law.
  • Although PeakMinder will not routinely screen or monitor content potentially posted by users to the Site, PeakMinder reserves the right to remove Prohibited Content of which it becomes aware (though it is under no obligation to do so).

Posting Content on the Site

You can post content to the Site or Services only if (a) you created and own the rights to the content or you have the owner’s express written permission to post the content; and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks, or privacy rights) or violate any applicable laws, these Terms or any other posted policies. We have the right, but not the obligation, to remove content for any reason.

You are responsible for any content you post to Site or Services and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SITE OR SERVICES.

You may not post content intended to provide professional advice, including the provision of medical treatment, legal advice, or investment advice. You may not post content to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person.

Except as otherwise provided in these Terms, you or the owner of any content that you post to our Site or Services retain ownership of all rights, title, and interests in that content. However, by posting content on the Site or Services, you grant us and our affiliates, assigns, agents, and licensees an irrevocable, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate this content in any medium and through any form of technology or distribution. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content).

If you use a feature of the Site or Services that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms.
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