Ascend Global Privacy Policy

Welcome National Healthcareer Association, a division of Assessment Technologies Institute, L.L.C., with its principal place of business located at 311161 Overbrook Road, Leawood, Kansas 66211, USA (“NHA” or “Company”). Company is a U.S.-based business, operating in the United States of America.

IMPORTANT NOTE: PLEASE READ THESE END USER TERMS AND CONDITIONS (“TERMS’) CAREFULLY. THE TERMS SERVES AS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY AND MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. PLEASE REFER TO THE SECTION 22 TITLED “DISPUTE RESOLUTION; ARBITRATION AGREEMENT,” WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION AND PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION, AS WELL AS THE SECTIONS 23 AND 24 TITLED “CLASS ACTION WAIVER” AND “JURY TRIAL WAIVER” WHICH CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER FOR NON-ARBITRABLE DISPUTES.

THE COMPANY PRODUCTS, SERVICES, MATERIALS, COURSES, AND ASSESSMENTS (“PRODUCTS AND/OR SERVICES”) PURCHASED BY YOU OR ACCESSED BY YOU IN CONJUNCTION WITH YOUR EDUCATIONAL INSTITUTION OR EMPLOYER (“INSTITUTION”). YOU MUST AGREE TO THESE TERMS WHEN ESTABLISHING AN ACCOUNT WITH COMPANY AND BEFORE YOU ACCESS ANY COMPANY PRODUCTS. TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE” AND, INSTEAD, CONTACT COMPANY CUSTOMER SERVICE. IF YOU DO NOT CLICK “AGREE”. YOU WILL NOT BE ABLE TO ACCESS THE COMPANY PRODUCTS OR SERVICES.

Please note: Neither NHA nor Assessment Technologies Institute, L.L.C. are a school, but rather, each is a provider of learning content, professional certifications and continued education for allied health professionals. COMPANY materials, including online content, are authored by subject matter experts and the COMPANY certifications are developed by subject matter experts under the oversight of psychometricians. The completion of any COMPANY materials does not lead to a post-secondary degree or diploma but may be used within a post-secondary degree or diploma program.

1. GETTING STARTED

a. Our Products: We offer (a) self-study online learning content related to the subject matter of our certifications and practicing as an allied health worker (“Learning Products)”, (b) exam preparation materials, proctored certification exams (“Certification Programs”) and un-proctored certificate programs (“Certificate Programs”) (collectively “Credential Programs”), (c) online and continuing education (“CE”), and (d) membership subscriptions (the “COMPANY Membership”).

b. Candidate Handbooks. In the Candidate Handbook, you will find essential information about policies and procedures for the Certification Programs. All candidates for Certification are subject to the policies and procedures set forth in the NNA Candidate Handbook and these Terms and Conditions. The Handbook also includes other, essential information. Before purchasing any of the Certification Programs, you should review the Candidate Handbook that is relevant to you.

c. Eligibility. To be eligible for the Certification Programs you must meet the “Eligibility Requirements” as set forth in the Candidate Handbook. Additionally, some Certificate Programs may have eligibility requirements. Please review the website page for the specific Certificate Program to learn about eligibility requirements, if any.

2. YOUR ACCOUNT

In creating an account with COMPANY ("Account"), you will be required to provide certain information and to accept these Terms. Upon establishing an Account with COMPANY, you will be provided with a username, access code or product code. When establishing your Account, in addition to accepting these Terms and Conditions, you agree to:

a. Provide complete and accurate information to COMPANY and to permit COMPANY to store and use your registration data for use in maintaining your account and as provided in the Privacy Policy.

b. Protect your username and password, as well as any access, discount or product codes provided by COMPANY, and not share them with others or permit any unauthorized use of the Products and Services;

c. That you will be the person using the Products or Services for which you have registered and that any attestations which you are required to complete in connection with the foregoing will be completed only by you;

d. Purchases made under your account are nontransferable;

e. That the data that COMPANY collects from you, or you provide in your Account and when using the Products or Services, is stored on systems and data storage operating in the U.S. and is subject to COMPANY’s Privacy Policies posted on its website(s) (“Sites” or “Websites”). If you do not agree to the transfer and storage of your data to the U.S., do not use COMPANY’s Products and Services; and

f. That any (i) false, misleading or fraudulent statements provided by you, (ii) misuse, misappropriation or infringement of COMPANY IP (as defined in Section 10 below), (iii) violation of the policies, rules or ethic codes set forth in the Candidate Handbook, or (iv) actions by you that may harm others or COMPANY’s reputation, may result in your loss of certifications or credentials provided by COMPANY.

3. ACCESS PERIOD

Access to any online Learning Product, including all Credential Programs and examination prep Products, will expire twenty-four (24) months from the date on which (a) if your associated with an institution, the product was assigned to your account, or (b) if you purchased the product directly from COMPANY, the date of purchase. Nothing in this section impacts exam scheduling or rescheduling (see the Candidate Handbook, “Registering for an Exam” and “Rescheduling and Cancellation an Exam” sections).

4. REFUND POLICY

This policy is applicable to all Products and Services, including continuing education, purchased directly from COMPANY, excluding Subscriptions, as described in Section 4 above (“Eligible Sales”). Please note that any previously published policies concerning returns, refunds or cancellation have been replaced by the policies stated herein and all such earlier policies are no longer applicable.

All sales are final twenty-eight (28) days after the date of purchase (the “Return Period”) and only Eligible Sales may be returned for a refund and only during the Return Period. In other words, as of the 29th day following the date of purchase, COMPANY will not provide refunds or accept returns.

You must contact the Customer Services department within the Return Period to request a refund.

Only unused Products (“Qualified Returns”) can be returned. In other words, if you have accessed any online content the Product is deemed Used. If you received printed materials and those materials have been used, and thus not resalable, the printed material will be deemed Used.

If you have attempted the final test or exam of any Credential Program, you will not be entitled to a refund.

Refunds are available only for Qualified Returns are processed when the Product has been returned. Refunds for Qualified Returns will be at the amount paid for that Product minus applicable fees, if any.

Sometimes Products are sold as a bundled package (e.g., hardcopy book, online program, and final exam). “Bundled Package” mean a group of Products or Services sold as one unit, at one price. Refunds are not available for individual items within a Bundled Package. If an item within a Bundled Package is defective, you can request an exchange of that item by contacting the Customer Services department within the Return Period.

All refunds are issued in the same form as the original payment. For example, if a credit card was used for the original full-payment purchase, the refund will be made back to that credit card. Please note, however, that if the rules of the credit card company do not permit a refund be issued to the card (typically because the date of the original transaction is outside the credit card company’s permitted refund period), COMPANY instead will issue a check.

5. ADA EXAM ACCOMMODATIONS

Special accommodations for candidates with documented disabilities pursuant to the American with Disabilities Act (ADA) are available for certification examinations. COMPANY will provide reasonable testing accommodations to candidates whose documented disabilities or other qualifying medical conditions hinder their ability to take an examination under standard conditions. COMPANY reserves the right to determine the reasonableness of the accommodation requested and accommodation will be granted only to the extent that such accommodation does not fundamentally alter the examination or the fairness of the exam, does not jeopardize the security of the exam content or cause an undue burden to COMPANY or the testing center. The cost of excessive accommodation requirements is to be borne by the candidate (i.e., electronic communication equipment, etc.). Your request for an accommodation must be submitted at least 30 days prior to the examination date using the NHA Accommodation Request Form available here.

6. PROCTORED ASSESSMENTS

NHA’s certification exams and any other tests, exam, quiz, or evaluation offered through a NHA Product or Service (“Assessments”) are a COMPANY secret and protected under the US Defend Trade Secrets Act and other intellectual property laws of the U.S. and other countries. It is a violation of law to copy or give others any part of any Assessment. You are prohibited from: engaging third parties in taking Assessments on your behalf (also known as proxy test taking or contract cheating), enabling remote access or screen sharing software during your Assessment, using “smart” glasses during the Assessment, or use of or engagement with any technology, including the use of artificial intelligence (AI), device, or third party that may be used in furtherance of circumventing exam integrity and related policies and procedures.

You understand and agree that COMPANY may invalidate or withhold Assessment results or credentials at any time if, for any reason if, in NMHA’s sole judgment, there is a good faith and reasonable basis to question the validity of the results or to reasonably suspect you breached (as defined herein) these or any other relevant terms and conditions. Any suspected breach in connection with your Account and/or use of the Products or Services may result in the suspension and/or invalidation of applicable Assessment(s), the requirement to retake or take other Assessment(s) in-person and monitored by an in-person proctor, the revocation of credentials and/or the immediate indefinite suspension or termination of your Account and any rights to use Products and Services without refund.

You understand and agree that COMPANY may report any breach or suspected breach to: any federal- and state-level licensing regulatory entities, any actual or potential Institution to which you are seeking employment, admission, affiliated with, or enrolled, and/or to law enforcement authorities and will pursue any action reasonably necessary to protect student, employer, and school records and the integrity of Products and Services.

7. REMOTE PROCTORING

If you have elected to use remote proctoring services during the administration of any COMPANY assessment, you agree that

during the assessment administration to allow COMPANY and remote proctor providers to monitor you by webcam, microphone, browser, desktop, or any other means necessary to uphold COMPANY’s test integrity. This may include recording videos, images, audio, and/or screen activity, and a scan of your surroundings and computer display. This monitoring will be conducted by machine and/or by a live person.

COMPANY and your Institution may share with each other recordings of your test session. The information from the test session, including without limitation recordings, images, audio and other information and data will be available to and viewable by authorized personnel of COMPANY, your Institution, and their respective remote proctor providers.

to have your identity verified by COMPANY or its remote proctoring vendors using the methodology that is most currently employed by them. COMPANY and its providers will never sell your identifiable information and will only use it for COMPANY test security purposes.

give COMPANY a worldwide, royalty-free right to use, transmit, display and disclose your information and recordings as described herein.

that through your use of the COMPANY assessment being remotely proctored, you consent to the collection and forwarding (as set forth herein) of your information and recordings of the proctoring, the transfer of this information to your Institution.

we may need to provide you with certain communications, such as technical support messages. These communications are considered part of COMPANY’s remote proctoring services, which you may not be able to opt-out from receiving.

you are prohibited from photographing, or recording, by video or sound, any part of remote proctoring services for any purpose.

Additionally, you understand and agree that, if you behave in an unacceptable or offensive manner during remote proctoring of any test administration, COMPANY and its remote proctoring vendors reserve the right to immediately stop the test and report your behavior to your Institution. Unacceptable behavior includes, but is not limited to, behavior that amounts to cheating or is offensive, vulgar, criminal, obscene or otherwise unprofessional or inappropriate. COMPANY reserves the right to invalidate any exam score or credential issued for any of the foregoing behaviors, or if COMPANY identifies any suspicious behavior, cheating, or test misconduct during the test administration.

8. GENERATIVE AI SERVICE TERMS.

Certain COMPANY Products and Services may or may in the future contain generative artificial intelligence features, applications, and tools intended to generate content within the COMPANY Products and Services (collectively, “NHA Generative AI Services”). The use of such NHA Generative AI Services may require that you provide input into the NHA Generative AI Services (“Input”) and receive output from the NHA Generative AI Services (“Output”). Input is considered “User Content” (hereinafter defined) and we reserve the right to review User Content to ensure that it does not misuse COMPANY’s intellectual property (please see Section 11, below, for more information) or a third-party’s intellectual property rights or any illegal, offensive or content otherwise outside COMPANYs policies. COMPANY may take any action we deem necessary as to such User Content, including but not limited to editing or removing your User Content and/or suspending or terminating your Account and/or access to the NHA Generative AI Services. We may use User Content to (a) provide, maintain, develop, and improve our NHA Generative AI Services, (b) comply with applicable law, and (c) enforce our Terms by providing User Content, you are permitting COMPANY to use it for all of the forgoing purposes. When you use NHA Generative AI Services, you understand and agree: (i) Output may not always be accurate; you should not rely on Output from NHA Generative AI Services as a sole source of truth or factual information, (ii) you must evaluate Output for accuracy and appropriateness for your use case, including using human review and verification as appropriate, before using or sharing Output from the NHA Generative AI Services, and (iii) you must not use any Output relating to a person for any purpose that could have a legal, health, or any other material impact on that person or their circumstances, such as making, educational, employment, medical, financial, or other important decisions about them. Due to the nature of our NHA Generative AI Services and artificial intelligence generally, Output may not be unique and other users may receive similar output from our NHA Generative AI Services.

9. CONFIDENTIALITY

Except as permitted by these Terms, the Privacy Policy posted on this Site and any opt-in elections you have made, no COMPANY employees or agents shall divulge confidential information about you without your consent, unless COMPANY is required to do so by law or legal process. Notwithstanding the foregoing, Credential Data will be made available to the public as required by COMPANY’s accreditor and may be reported to Company’s accreditor, regulatory agencies and oversight bodies. “Credential Data” consists of your application status, your raw certification examination scores, your phone number(s), your email address(es), your residential address(es), your certification status, continuing education data and recertification data. You acknowledge and agree that COMPANY may de-identify and aggregate your learning data, as kept within its online Products, your examination scores, and your product usage data with the same data of others and to use that aggregated data as COMPANY deems appropriate. You acknowledge and agree that your certification status is not confidential information and that COMPANY may disclose your current certification status, including expiration dates, to third parties. Please reference the Privacy Policy on this Site for more information about the protection and use of data.

10. LICENSE TERMS

11. INTELLECTUAL PROPERTY

a. You understand and agree that COMPANY’s Products and Services, including all content therein, constitute intellectual property and proprietary material that is owned by COMPANY, its affiliates, or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. (“COMPANY IP”). All rights not expressly granted to you under these Terms are reserved by COMPANY and its licensors. COMPANY names and acronyms, including NHA®, and other COMPANY trademarks, service marks, graphics, and logos used in connection with COMPANY’s Products and Services are trademarks or registered trademarks of COMPANY in the United States and/or other countries (“COMPANY Marks”). Other trademarks, service marks, graphics, and logos used in connection with COMPANY’s Products and Services may be the trademarks of their respective owners. COMPANY and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.

b. You agree to abide by all copyright notices and restrictions contained on this or any website of COMPANY, on COMPANY’s Products and Services and in accordance with these Terms. You agree not to copy, distribute, enter into a database, display, perform, create derivative works, translate, or transmit any content contained in COMPANY’s Products or Services or any other COMPANY IP. All COMPANY Products and Services are provided only for your own personal, non-commercial use. You may not alter the text or remove any, copyright, trademark or other notice displayed on COMPANY’s products or services. All rights are reserved. You may not use the COMPANY Marks for any purpose without the prior written approval of COMPANY.

c. Generative AI Restrictions. You acknowledge and agree that the COMPANY IP shall not be used, directly or indirectly, to train, develop, enhance, inform or improve any artificial intelligence tools, systems, models, or algorithms. This prohibition applies irrespective of whether the artificial intelligence tools, systems, models, or algorithms, are developed for commercial or non-commercial purposes. COMPANY reserves the right to monitor your use of the COMPANY IP and take appropriate action, including immediately suspending and/or indefinitely terminating your Account and/or your access to COMPANY Products and Services without refund due to a violation of this provision.

12. BREACH & TERMINATION

The permissions granted to you herein automatically terminate without notice if you fail to comply with these Terms in your use of this Site and the Products or Services. You understand and agree that any violation or suspected violation of these Terms, non-payment, false, misleading, or fraudulent activity committed by you (or on your behalf) in connection with your use of Site, Products, and Services (“breach”) may result in any or all of the following: invalidation of your assessment scores and/or you COMPANY credentials; immediate suspension or termination of your Account or your access to and use of the Site, Products, and Services; disciplinary action by your Institution consistent with their policies; civil and criminal penalties, prosecution, and monetary damages. You understand and agree that COMPANY will report any breach or suspected breach to your Institution, future employers and/or to law enforcement authorities and will pursue any action reasonably necessary to protect the integrity of the Site, Products, and Services. COMPANY has zero tolerance for infringement of its intellectual property rights and will zealously take action to protect its rights.

Upon suspension or termination, you shall cease all use of the Site, Products, and Services and remain liable for paying all amounts that may be due and payable by you to COMPANY under these Terms, if any. COMPANY reserves the right to modify, suspend, remove, or disable access to Site, Products, and Services at any time without notice and in no event will COMPANY be liable for making any such changes.

13. MEMBERSHIP SUBSCRIPTION

COMPANY offers the “NHA Membership” subscription program to its Certification Program candidates and those holding COMPANY Certifications. COMPANY offers two types of NHA Membership subscription plans: the NHA Membership and the Membership Plus.

NHA Standard Membership: With the standard NHA Membership subscription, you will have a choice of payment options, described below, and access to a library of free continuing education (which can be applied towards recertification), exclusive discounts, exclusive webinars, a Members-only newsletter, contests and other valuable benefits. Additionally, if you elect an annual subscription (see Payment Options below), you will be entitled to a free recertification – in other words, you will not be required to pay the recertification fee – once every two years (“Free Recertification’) (together with the preceding sentence, the “Membership Benefits”).

NHA Membership Plus: If you hold multiple NHA certification and you elect the NHA Membership Plus on an annual subscription payment plan, you will have all of the Membership Benefits of the NHA Standard Membership except you will be entitled to a Free Recertification for all of your certifications once every two years.

Payment Options: You can pay on an annual or monthly basis (see www.nhanow.com/membership for Membership Subscription pricing). By electing to pay once annually, you will receive a discount equal to two monthly installments and the Free Recertification benefit described below. Please note the following rules with respect to subscriptions:

Subscription payments are nonrefundable.

NHA Membership subscriptions are auto-renewing and will renew automatically (a) if you purchased an annual subscription, on the anniversary of your subscription or (b) if you purchased a monthly subscription, on the same day of each month as the day of the month you made your initial subscription purchase.

Renewals of annual subscriptions will be at NHA’s then-current pricing (applicable at the time of such renewal).

If your renewal payment cannot be processed, you will be notified. If after 14 days your renewal payment still has not been made, your subscription will be deemed terminated and, if you later rejoin the Membership, you will not be credited with months toward a Free Recertification left behind in your prior Membership.

You can cancel your subscription at any time. To cancel your subscription, go to “My Membership” in the cert portal. You will continue to have access to your Membership until your next renewal date (the next month or next year depending on your payment option).

Lining Up with Your Recertification Date: NHA certification holders are required to recertify every two (2) years. Typically, in order to recertify, you need to (a) have completed the continuing education required by the certification(s) you hold and (b) pay the recertification fee. As a Member, you still need to complete the required CE but, if you elect the annual payment plan, you may be able to apply a Free Recertification in lieu of paying the fee. Please note, that at the start of your annual Membership, your Recertification Date and your Free Recertification may not align:

Monthly Payment:

If you have elected the Monthly Payment Option, you will not be entitled to a free Recertification until you have made your 20th monthly payment.

If your Recertification Date occurs in or after the 20th month, your Free Recert will apply.

If you have made your more than ten (10) monthly payments but have not yet made your 20th monthly payment, you will need to pay the recertification fee(s) but you will receive a 20% discount on the fee(s).

Thereafter, provided that you have maintained your Membership continuously, you will be entitled to Free Recertification at your Recertification Date.

Annual Payment:

If you have elected the Annual Payment Option, you will not be entitled to a free Recertification until you have paid for you second annual payment.

If your Recertification Date occurs after year one, your Free Recert(s) will apply.

If your Recertification Date occurs in the second half of your first annual Membership, you will need to pay the recertification fee(s) but you will receive a 20% discount on the fee(s).

Thereafter, provided that you have maintained your annual Membership, continuously, you will be entitled to Free Recertification at your next Recertification Date.

If you cancel your annual Membership subscription and then later start a new annual Membership subscription, you will not be eligible for a Free Recertification until you have paid subscriptions fees, in an amount equal to the equivalent of 20 monthly payments, since you last free Recertification. You will also not be entitled to the discounts described above.

Periodically, NHA offers promotions or discounts that, if entered at the time of purchase, will be immediately reflected in the purchase price. Most promotions and discounts are offered with specific terms and conditions, including eligibility conditions, so customers are advised to review these terms and conditions in advance of purchase. Please note that typically promotions and discounts are not stackable – unless specifically stated, only one promotion or discount can be applied to an order and that, after the initial purchase, adjustments to the purchase price for promotions or discounts will only be honored if presented to Customer Service within 7 days of the original purchase. On occasion, NHA may promote an opportunity to apply more than one discount or promotion at time of purchase. Only on these occasions and only at the time of purchase will stacking of promotions or discounts be allowed.

14. NONDISCRIMINATION POLICY

COMPANY does not discriminate against any individual because of age, disability, gender, national origin, race, religion, sexual orientation, veteran status, or any other protected class. COMPANY endorse and adhere to the principles of equal opportunity.

15. NO RESALE

COMPANY Products and Services are not provided for redistribution or resale under these Terms.

16. COMPLIANCE WITH LAWS; EXPORT

You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of COMPANY’s Products or Services. You will not use COMPANY’s Products or Services in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export COMPANY’s Products or Services except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. Neither COMPANY’s Products nor its Services may be exported into any U.S. embargoed countries or to anyone on the U.S. Government's list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.

17. GOVERNMENT USE

COMPANY’s Products and Services were developed using private funds and are "Commercial Items" as defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government solely as Commercial Items and only with those restricted rights granted to all other end-users pursuant to the terms of these Terms Unpublished rights reserved under the copyright laws of the United States.

18. USE OF LINKS

COMPANY may include links to third party websites in its Products and Services. Such material is provided as a convenience to you and COMPANY assumes no liability or responsibility for such third-party materials or websites. Please note that these third-party websites may have privacy policies that differ from those of COMPANY and COMPANY encourages you to carefully read those policies. COMPANY’s Privacy Policy applies only to information collected by this or other COMPANY or Assessment Technologies Institute, L.L.C. websites.

19. DISCLAIMERS AND WARRANTIES

COMPANY’S PRODUCTS AND SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ALL PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. No oral or written statement by any COMPANY employee or representative shall create a warranty or modify this section. Certain jurisdictions do not permit the exclusion of implied warranties, so the forgoing exclusion may not apply to you.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILITY TO USE, COMPANY’S PRODUCTS OR SERVICES IS AT YOUR SOLE RISK. COMPANY, ITS AFFILIATES AND ITS SUPPLIERS DO NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY (A) THAT THIS SITE, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, PRODUCTS, SERVICES, CONTENT, OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE IS FREE OF VIRUSES, WORMS, LOGIC BOMBS, OR OTHER SUCH COMPUTER PROGRAMS, OR OTHER HARMFUL COMPONENTS; (B) REGARDING THE OPERATION OR PERFORMANCE OF THIS SITE; (C) REGARDING THE NATURE, ACCURACY, OR COMPLETENESS OF ANY CONTENT, MATERIAL, INFORMATION, TEXT, GRAPHICS, OR OTHER ITEMS CONTAINED ON THE SITE, IN THE PRODUCTS AND SERVICES, OR PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED, OR ACCESSED FROM THIS SITE OR ANY THIRD PARTY SITE; (D) ANY PRODUCT OR SERVICE PURCHASED ON OR THROUGH THIS SITE OR ANY THIRD PARTY SITE OR OBTAINED AS A RESULT OF ANY INFORMATION ON THIS SITE; OR (E) THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY COMPANY, ITS AFFILIATES, OR ITS SUPPLIERS THROUGH THIS SITE OR THE PRODUCTS AND SERVICES SHALL CREATE ANY WARRANTY.

The Site, Products, and Services may include inaccuracies or errors, and COMPANY may make improvements and changes to the Site, Products, and Services at any time, without notice. COMPANY periodically changes, but makes no commitment to update, this Site. The Site, Products, and Services are designed to provide accurate and authoritative information and recommendations regarding the subject matter covered and COMPANY makes reasonable efforts to provide accurate information. Notwithstanding the foregoing, COMPANY, ITS AFFILIATES, AND ITS SUPPLIERS MAKE NO WARRANTY OR GUARANTY AS TO, AND ASSUME NO RESPONSIBILITY FOR, THE CORRECTNESS, SUFFICIENCY, OR COMPLETENESS OF INFORMATION OR RECOMMENDATIONS MADE IN PRODUCTS AND SERVICES, OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF PRODUCTS AND SERVICES. Products and Services were developed based on generally accepted applicable principles and standards in the United States and have not been customized or otherwise specifically designed for use in any other country, unless otherwise explicitly indicated. Any procedures and protocols noted in Products and Services are based on current recommendations of responsible sources; however, you understand that other or additional measures may be required under particular circumstances. Products and Services are intended solely as a guide and for educational purposes and are not intended to be used for actual medical treatment or as a statement of the standards of care required in any particular situation, because circumstances and patients' physical conditions can vary widely from one set of circumstances to another. Nor is it intended that Products and Services shall in any way advise you concerning legal authority to perform the activities or procedures discussed. You should make such determination only with the aid of legal counsel. Certain Products and Services may include facts, views, opinions, and recommendations of third parties, which are deemed by COMPANY to be of educational interest to you. COMPANY, its affiliates and its suppliers, make no guarantee or warranty regarding the accuracy, completeness, or timeliness of such content or material, nor do they make any endorsement in connection with use of such third-party content or material. Similarly, statements and opinions in Products and Services are provided as guidelines only and should not be construed as official policy and COMPANY, ITS AFFILIATES, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ACTION TAKEN IN RELIANCE ON THESE STATEMENTS OR OPINIONS. Products and Services are provided to you with the understanding that COMPANY is not giving you any legal, accounting, or other professional service or advice. If expert assistance is required, the service of a competent professional should be sought.

20. LIMITATION OF LIABILITY

IN NO EVENT WILL COMPANY OR ASSESSMENT TECHNOLOGIES INSTITUTE, L.L.C., THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION SERVICES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL COMPANY'S OR ANY OF THE AFOREMENTIONED PERSONS’ OR ENTITIES’ TOTAL LIABILITY TO YOU, AS AN INDIVIDUAL DIRECT PURCHASERS, FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THE SPECIFIC PRODUCT OR SERVICES CONCERNED WITH THE DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.

21. INDEMNIFICATION

By using COMPANY’s Products and Services and this Site, you accept these Terms and you agree that you will indemnify and hold COMPANY and its parent companies and affiliated entities, its and their respective directors, officers, employees, agents, contractors, principals, and its licensors and suppliers and their respective parent companies, affiliated entities, directors, officers, employees and agents harmless in connection with any claim arising out of your breach of the terms of these Terms, your use of COMPANY’s Products and Services, or any action taken by COMPANY to protect its intellectual property, including, but not limited to, suspension or termination of your access to COMPANY’s Products and Services.

22. DISPUTE RESOLUTION; ARBITRATION AGREEMENT

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS OR REPRESENTATIVE ACTION.

a. Informal Dispute Resolution. Most disputes between you and COMPANY arising from or relating to the Websites or these Terms of Service (“Disputes”) can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration, except as set forth in the Exceptions paragraph below (“Informal Dispute Resolution”). This requires emailing [email protected] a written notice (“Written Notice”), which must include: (1) your name; (2) the email address(es) associated with your relationship with COMPANY; (3) a detailed description of the issue; and (4) how you’d like to resolve it. You must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice to [email protected] while the parties attempt informal resolution.

The Written Notice must be provided on an individualized basis and you and COMPANY agree to personally meet and confer, via telephone or videoconference, to attempt to resolve the Dispute. If either party is represented by counsel, that party’s counsel may participate in the conference, but the party shall also personally attend the conference, unless one party states in writing that the other party is not required to personally attend.

If the dispute is not resolved within sixty (60) days after receipt of the Written Notice, you and COMPANY agree to resolve any remaining dispute through further informal discussions or one of the formal dispute resolution provisions below.

b. Agreement to Arbitrate. If Informal Dispute Resolution fails, then either party may initiate binding arbitration as the sole means to resolve Disputes, subject to the provisions following this header through and including the paragraph titled “Changes to this Arbitration Agreement” (collectively, the “Arbitration Agreement”).

The parties agree that this Arbitration Agreement is made pursuant to a transition in commerce and is governed by the Federal Arbitration Act (“FAA”). The arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”). If JAMS is not available to arbitrate, the parties will mutually agree on an alternative arbitration provider.

In accordance with the notice and opt-out provisions set forth herein, this Arbitration Agreement is intended to be interpreted broadly and it applies to all Disputes between you and COMPANY, including but not limited to (1) claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement, or any prior agreement; and (2) claims that may arise after the termination of this Arbitration Agreement. This Arbitration Agreement supersedes any prior arbitration agreement between COMPANY and you.

Except as set forth in the paragraph below titled “Exceptions to Informal Dispute Resolution and Arbitration Agreement,” the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes. You and COMPANY further agree that arbitrable Disputes include but are not limited to issues arising out of or relating to the interpretation, applicability, enforceability, formation, or performance of this Arbitration Agreement, including, but not limited to, any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees.

c. Wavier of Rights Including Jury Trial. THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE ANY DISPUTE, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

d. Class Arbitration and Collective Relief Waiver. YOU AND COMPANY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS PROVIDED HEREIN BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT, YOU AGREE THAT ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF COMPANY PROVIDES ITS CONSENT TO CONSOLIDATE IT IN WRITING.

With the exception of the paragraph titled “Class Arbitration and Collective Relief Waiver” and the paragraph titled “Mass Filings,” if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision(s) were not contained herein. If, however, the paragraph titled “Class Arbitration and Collective Relief Waiver” and the paragraph titled “Mass Filings,” are found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor COMPANY shall be entitled to arbitrate the dispute in question.

This provision does not prevent you or COMPANY from participating in a class-wide settlement of claims.

e. Arbitration Rules. Except as modified by this Arbitration Agreement, JAMS will administer the arbitration in accordance with, as applicable, the JAMS Comprehensive Arbitration Rules and Procedures, Streamlined Arbitration Rules & Procedures, Mass Arbitration Procedures and Guidelines in effect at the time any demand for arbitration is filed with JAMS, excluding any rules or procedures governing or permitting class or representative actions. The applicable JAMS rules and procedures are available at https://www.jamsadr.com/adr-rules-procedures/.

Except where prohibited by applicable law, the arbitrator shall apply the law of the Commonwealth of Massachusetts without giving effect to any law that would result in the applicable of the law of any other jurisdiction. You and COMPANY agree that dispositive motions will be allowed in the arbitration.

If the amount in controversy is less than $10,000, then the arbitration will be conducted solely on the basis of written materials that you and COMPANY submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary; (ii) applicable law requires otherwise; or (iii) the parties agree otherwise. If the amount in controversy exceeds $10,000, either party may request (or the arbitrator may determine) to hold a hearing.

f. Arbitration Demand. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to the Terms of Service. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements.

g. Arbitration Fees. Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties agree that JAMS has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under JAMS’ Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

h. Arbitration Location. The arbitration proceedings will presumptively be held via video- or telephone-conference unless (A) the arbitrator determines there is good cause to hold an in-person hearing or (B) the parties agree otherwise. Except as otherwise provided in the paragraph titled “Mass Filings” or unless you and COMPANY agree otherwise, in the event there is an in-person proceeding: if you live in the United States, any in-person proceedings will take place in the county of your primary residence or, if no arbitrator is available in that county, then at the closest arbitration location available in the state or if you live outside the United States, to the extent permissible in your country, any in-person proceedings will take place in the Commonwealth of Massachusetts.

i. Mass Filings. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to JAMS (or another arbitration provider selected in accordance with the provisions set forth herein if JAMS is unavailable) against COMPANY within reasonably close temporal proximity (“Mass Filing”), the parties agree, subject to the provisions of this “Mass Filings” paragraph: (A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (B) to designate one arbitrator for all demands in each batch; (C) to accept applicable fees, including, without limitation, any related fee reduction determined by JAMS (or another arbitration provider selected in accordance with the provisions set forth herein if JAMS is unavailable if JAMS is unavailable) in its discretion; (D) that fees associated with a demand for arbitration included in a Mass Filing, including, without limitation, fees owed by COMPANY and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (E) that the staged process of batched proceedings, with each set including 100 demands proceeding through filing, processing and adjudication, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable JAMS rules and procedures for such selection, and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the JAMS rules. In accordance with applicable law and to the extent an in-person proceeding is deemed necessary by the arbitrator or mutual party agreement, the arbitrator will determine the location where the proceedings will be conducted.

You agree to cooperate in good faith with COMPANY and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including, without limitation, the payment of combined reduced fees, set by JAMS in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the prompt resolution of all filed claims, you and COMPANY agree that JAMS may increase or decrease the batch size, transfer a case between batches, or proceed with adjudication of more than one (but no greater than five) batches at a time as determined in the reasoned discretion of the JAMS procedural arbitrator, following the input of the parties. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a JAMS procedural arbitrator.

This “Batching” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of JAMS’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.

The results of the first completely adjudicated batch of demands in a Mass Filing will be given to a JAMS mediator selected from a group of five mediators proposed by a JAMS, with COMPANY and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators. The highest collectively ranked mediator will be selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. COMPANY, the remaining claimants, and their counsel, and the mediator will then have 90 days (the “Mediation Period”) from the date the results are provided to the mediator to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either COMPANY or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither COMPANY nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

j. Arbitrator’s Authority and Arbitration Award. The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Arbitration Agreement or the Informal Dispute Resolution Process.

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the Terms of Service, including but not limited to the paragraphs titled “Class Arbitration and Collective Relief Waiver” and “Limitation of Liability” as to the types and the amount of damages or other relief for which a party may be held liable.

Except for decisions in arbitrations that are joined together in a single batch, no arbitration award or decision will have any preclusive effect, except to preclude the same or similar claims and issues addressed by the award from being re-arbitrated between the same parties. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

k. Exceptions to Informal Dispute Resolution and Arbitration Agreement. Notwithstanding the parties’ agreement to resolve all disputes through the Informal Dispute Resolution process and, if necessary, binding arbitration:

Matters involving injunctive relief and matters asserting or arising out of claims of infringement, unauthorized use or misappropriation of the other party’s patent, copyright, trademark, or trade secret (and any motions to enforce such proceedings) or in which either party is seeking to protect its intellectual property or enforce its rights therein shall be exclusively brought in the state and federal courts located in the Suffolk County in the Commonwealth of Massachusetts.

Either party may elect to have disputes or claims resolved in a small claims court regardless of what forum the filing party initially chose, provided the disputes or claims are within the scope of that court’s jurisdiction. Judgments of small claims courts may be enforced as set forth in the rules of such court.

Either party may apply to any court of competent jurisdiction for a provisional remedy in connection with an arbitrable controversy, including without limitation injunctive relief.

Either party may elect to have disputes regarding whether a complaining party has satisfied the Informal Dispute Resolution procedures resolved by a court as a precursor to arbitration.

l. 30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the Arbitration Agreement by sending written notice, signed by you, of your decision to opt-out to the following address: [email protected]. The notice must be sent within 30 days of January 1, 2026, or your first use of the Websites, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement. If you opt out of the arbitration provisions, COMPANY also will not be bound by them.

If you opt out of the Arbitration Agreement, you may exercise your right to a trial by judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, you will not be opting out of any other provisions of this Terms of Service and you agree to be bound by all other provisions of these terms, which shall remain in effect as allowable by law.

m. Changes to this Arbitration Agreement. COMPANY will provide 30 days’ notice of the date of any material changes to this Arbitration Agreement. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you consent to these terms on or before the 30th day or continue to use the Websites after the 30th day, you agree that any unfiled claims of which COMPANY does not have actual notice under the Informal Dispute Resolution process are subject to the revised clause. If COMPANY changes this Arbitration Agreement after the date you first accepted it (or accepted any subsequent changes to the agreement), you agree that your continued use of the Websites 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of this Arbitration Agreement by emailing an opt-out notice [email protected] before the 30-day period expires.

23. CLASS ACTION WAIVER

YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND COMPANY THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

24. JURY WAIVER

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND COMPANY AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND COMPANY UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SERVICES.

25. CHILDREN

We recognize the importance of protecting the privacy and safety of children. Our Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Services and do not send any information about yourself to us. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13 years of age.

26. INFORMATION YOU PROVIDE OR POST ON OUR SITES OR SOCIAL MEDIA

Except for information which COMPANY expressly agrees to treat confidential, pursuant to its Privacy Policy, any communication, material, or information that you transmit or post to our Sites or on our Social Media (“User Content”) will be deemed non-confidential. If you post User Content, you agree that your User Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this or our other Sites any of the following:

User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations concerning privacy;

User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking off of the Sites, or collecting names and emails addresses for the purpose of sending unsolicited emails;

Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

Viruses, corrupted data or other harmful, disruptive or destructive files; and

User Content that, in the sole judgment of COMPANY, is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose COMPANY or its users to any harm or liability of any type.

This list of prohibitions provides examples and is not complete or exclusive.

By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content. Any use of our Sites, Social Media, Products or Services in violation of these Terms, including the foregoing, may result in, among other things, termination, or suspension of your rights to use our Sites, Social Media, Product or Services.

Also, by posting any information or material on our Sites, Social Media, Products or Services you grant COMPANY a perpetual, royalty-free license to use, display, reproduce, distribute, modify, and make publicly available such material or information for any commercial or non-commercial use.

27. MISCELLANEOUS

a. COMPANY reserves the right to update and modify these Terms and Conditions without advance notice to you and such changes will be effective immediately when posted on this site and will govern your continued use of COMPANY’s Products and Services.

b. These Terms are governed by the laws of the State of Kansas, U.S.A., without giving effect to its conflict of law provision. Exclusive jurisdiction for any claim arising out of these Terms will be in the courts of the State of Kansas, U.S.A. The parties each waive any rights to a jury trial for any claim or cause of action arising out of these Terms. No COMPANY employee or representative has any right or authority to modify, whether orally or in writing, these Terms, unless such modification is in a written agreement signed by an authorized representative of each party.

c. These Terms are the entire and exclusive agreement between COMPANY and you regarding your use of COMPANY’s Products and Services and replaces any prior agreements between you and COMPANY regarding the subject matter herein. If any part of these Terms is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. COMPANY's failure to enforce any right under these Terms will not constitute a waiver of such right or of any other right under these Terms COMPANY is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of COMPANY's control. These Terms, and the license rights granted herein, are not assignable by you and any attempt to do so is of no force and effect.

d. COMPANY reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You agree that COMPANY has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as COMPANY believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to COMPANY's right to cooperate with any legal process relating to your use of COMPANY’s Products or Services, and/or a third-party claim that your use of the Products or Services is unlawful and/or infringes such third party's rights).

d. Neither COMPANY nor its affiliates, or suppliers, partners, licensors, or service providers endorse, control, make any representations or warranties regarding, or have any responsibility or liability to you for any third-party content, User Content (including all content posted by other users) that is available through your use of COMPANY’s Products and Services.

28. TERMS AND CONDITIONS

Your use of COMPANY’s Products, Services and website is subject to these Terms and Conditions, COMPANY’s Privacy Policy found on its website, the Candidate Handbook with respect to any Certification Program offered by COMPANY, and any additional terms provided during registration with COMPANY or in connection with any COMPANY Product, all of which are incorporated by reference into these Terms. If you do not consent to these Terms or COMPANY’s Privacy Policies, please do not continue to use our Products and Services. Except for Sections 22 and 23, which provide for binding arbitration and waiver of class action rights, we reserve the right to revise these Terms at any time.

Issued January 2026.