Terms of Use

Last updated: June 30, 2026 

These updated Terms of Use will take effect for existing users on July 20, 2026. For new users, the updated Terms of Use are effective immediately upon acceptance. 

PESI, Inc. (“Company”, “PESI”, “we”, “us”, or “our”) and its Associated Entities 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 Goods. 

The Services, Events, or Goods you access or purchase may be provided under various brands, websites, or business names operated by PESI, Inc. The specific offering may be identified at the time of purchase, registration, or access, including on the applicable website, checkout page, order confirmation, or event materials. Regardless of the brand or business name used, PESI, Inc. is the contracting party and may enforce these Terms. 

BY ACCESSING, ORDERING, USING, OR REGISTERING FOR, ATTENDING, OR PARTICIPATING IN ANY OF THESE OFFERINGS, INCLUDING THROUGH BROWSING OUR WEBSITES, SUBMITTING INFORMATION, OR VIEWING OR INTERACTING WITH ANY CONTENT OR VIDEO, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR 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. SEE “DISPUTE RESOLUTION AND BINDING ARBITRATION” BELOW. YOU AND THE COMPANY AGREE TO SUBMIT DISPUTES TO AN ARBITRATOR AND NOT TO SUE IN COURT IN FRONT OF A JUDGE OR JURY. HOWEVER, EITHER YOU OR THE COMPANY MAY BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IF THE CLAIM IS ELIGIBLE TO BE HEARD THERE UNDER THAT COURT’S RULES. 

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 UNDER 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 ADDITIONAL OR SUPPLEMENTAL TERMS (“SUPPLEMENTAL TERMS”). THOSE SUPPLEMENTAL TERMS FORM PART OF OUR AGREEMENT WITH YOU. SUPPLEMENTAL TERMS MAY INCLUDE TERMS APPLICABLE TO SPECIFIC JURISDICTIONS OR SERVICES PROVIDED BY OUR ASSOCIATED ENTITIES. TO THE EXTENT THAT ANY SUPPLEMENTAL TERMS CONFLICT WITH THESE TERMS, THE SUPPLEMENTAL TERMS SHALL GOVERN TO THE EXTENT OF THE CONFLICT. 

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 the singular or plural. 

Definitions 

For the purposes of these Terms: 

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 Notice 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 Notice 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 Notice forms an integral part of these Terms and is expressly incorporated herein. 

By placing an Order with us, you warrant that you are legally capable of entering into binding contracts and acknowledge that the Order implies an obligation to pay. 

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; (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 third-party payment processors 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: 

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. 

If Goods are eligible to be returned, we will reimburse you no later than 14 days from the 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: 

Cooling-off Period (European Economic Area, United Kingdom, Switzerland) 

If you are a Consumer habitually residing in the European Economic Area, United Kingdom, or Switzerland, you are entitled to a 14-day cooling-off period during which you may cancel your Order without giving a reason, as provided under applicable law. 

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

Any claims for missing, damaged, or incorrect Goods must be reported to us within ninety (90) days from the date of shipment. We reserve the right not to reship or replace any Goods where such claims are made after this period. 

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 via our contact us page. If returning a 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 carry the risk and will be liable for any loss or damage that may occur during the return 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.  

Subscription period 

Some Services are available only with a paid Subscription. We will bill you in advance for your Subscription 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. We will notify you in advance of any renewal for Subscriptions, as required under applicable law. We reserve the right to change the terms of your Subscription, including price, from time to time, effective as of the beginning of your next billing period following the date of the change. We will give you advance notice of these changes, but we may not be able to notify you of changes in any applicable taxes. 

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 in the event of such a cancellation 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 valid payment 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. 

Purchasing With Payment Plans 

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. You will be informed of the total price, payment schedule and any applicable taxes or fees at the time of purchase. 

You can also choose to pay using third-party payment or financing providers, such as Klarna. Where you do so, your agreement with that provider is governed by their own terms and conditions, and the Company and its Associated Entities are not responsible for the services, terms, or actions of such third-party providers. For further information or questions regarding your payment, please refer to the relevant provider’s website. 

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 disposable email addresses 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, at 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. 

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 Notice. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. 

We may promote Goods and Services offered by business users through additional distribution channels, including affiliated websites, partner platforms, search engines, social media, and third-party advertising networks. We may also engage in affiliate programs under which third parties may receive compensation for directing users to our platform. 

When you create an account with us, you must provide us with 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 Services 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. 

We may communicate with you electronically (including by email, text message, phone, push notifications, or by posting notices within the Services) regarding your Account, Orders, Subscriptions, Events, customer service, and other service-related matters, including security, authentication, transaction confirmations, billing, and service updates. If you opt in to any text messaging program we offer, your participation in that program is also subject to our Messaging Terms and Conditions, which are incorporated into these Terms by reference. 

Electronic communications may be subject to delays, delivery failures, or other issues outside our control (for example, carrier limitations, network issues, device settings, or inaccurate or outdated contact information). We do not guarantee the delivery or timeliness of any message. You should not rely on text messages or push notifications as your sole means of receiving important information and are responsible for monitoring your Account and other communications we send.  

Text Messages (SMS) 

We may offer or provide text messaging programs for service-related, transactional, informational, security, authentication, customer support, marketing, or promotional purposes, as permitted by applicable law. If you opt in to receive text messages from us, including through any of our websites, mobile applications, Services, or those of our Associated Entities, your participation is subject to our Messaging Terms and Conditions, which may cover, among other things, message frequency, fees, opt-out methods, customer care, and delivery limitations. If you opt out of text messaging or are otherwise unable to receive text messages, you may no longer receive certain communications by text message and may need to use another method or update your account settings. 

Push Notifications 

If you install or use one of our mobile applications, we may send you push notifications through the application for service-related, transactional, account, security, content, reminder, operational, and, where permitted by law, marketing or promotional purposes. You can manage or disable push notifications at any time through your device settings or, where available, through the settings in the applicable application. If you disable push notifications, you may no longer receive certain alerts, reminders, or other communications through the application. Push notification delivery depends on your device, operating system, network, and third-party platform providers, and we do not guarantee delivery, timing, or availability of push notifications. 

Marketing 

We may also send you promotional or marketing communications. You may opt out of marketing at any time by following the instructions provided in the applicable communication, by updating your communication preferences where available, or by using any other method we make available. Promotional text messaging programs are also subject to our Messaging Terms and Conditions. If you opt out of marketing communications, we may still send you service-related, transactional, or other non-marketing communications. 

Contact Information 

You are responsible for ensuring that the contact information associated with your Account (including your email address and phone number) is accurate and kept up to date, and for maintaining access to and control over the email address, phone number, and other contact details you provide. We may rely on the contact information you provide in your Account to send communications to you, and such communications will be deemed received when sent to the contact details then associated with your Account. You acknowledge that if your contact information is outdated, inaccurate, reassigned, or accessed by someone else, you may not receive important communications and we are not responsible for any resulting loss or harm. Communications sent to the mobile number associated with your Account are deemed delivered to you, regardless of who has possession of the device. If you lose access to or believe the email address or phone number associated with your Account has been compromised, you must promptly update your contact information and notify us. 

You must ensure that any phone number you provide is current, accurate, and registered to you. You must promptly update your Account if your phone number changes, is reassigned, or is no longer under your control. 

You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

Posting of Content 

Our Services 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 transferable 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 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: 

You shall not upload or post to the Services anything that is in conflict with or breaches such applicable policies as we may publish or make available from time to time. 

Content Moderation 

The Company reserves the right, consistent with applicable law, to determine whether any Content violates these Terms, and to take actions including to edit, refuse, or remove the Content, and/or to limit or revoke your use of the Services if you post Content that violates these Terms. As the Company cannot control all content posted by users and/or third parties on the Services, you agree to use the Service at your own risk. You understand that by using the Services you may be exposed to content that you may find offensive, indecent, incorrect, or objectionable, and, to the fullest extent permitted by applicable law, 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 moderation may be carried out using a combination of automated tools and human review. Automated tools may be used, for example, to identify potentially unlawful or non-compliant Content, which may then be subject to further human assessment where appropriate. 

Where we remove or restrict access to Content, we may provide the affected user with information explaining the basis for that decision, where required by applicable law. 

We may, in appropriate cases and in accordance with applicable law, suspend or restrict users who frequently provide manifestly unlawful User Content or who repeatedly submit manifestly unfounded notices or complaints. 

Reporting Content and Complaints 

If you believe that any Content available through the Services is unlawful or breaches these Terms, you may report it to us by contacting us at: contentreports@pesi.com or via any reporting functionality made available through the Services (where applicable). Please include sufficient information to allow us to identify the Content and understand your concern. 

If you believe that Content has been removed or restricted in error, or you would like to appeal any enforcement action we take under these Terms (for example, terminations or suspensions), you may contact us at contentreports@pesi.com. We will review such requests and appeals in a reasonable timeframe. If you reside in the European Union, your review or appeal request must be submitted within six months of the day on which we notified you of our decision. 

Where we become aware of information giving rise to a suspicion of a criminal offence involving a threat to life or safety, we may report this to relevant authorities as required by law. 

If you reside in the European Union, you may have the right to refer certain disputes relating to content moderation decisions to a certified out-of-court dispute settlement body in accordance with Article 21 of the Digital Services Act. 

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. However, 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. 

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 Services infringes a copyright or other intellectual property right of any person. 

If you are an intellectual property owner or authorized on behalf of one, and you believe that infringement of your intellectual property rights is taking place through the Services, you must submit your notice in writing 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 legal fees) for misrepresenting that the Services or any Content is infringing your copyright or other intellectual property claims. 

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): 

You can contact our copyright agent by sending an email to dmca@pesi.com or by writing to Copyright Agent, P.O. Box 1000, Eau Claire, WI 54702-1000, 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. 

The Services and their 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 are 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, for the applicable access period, if any, specified on the applicable Service, product, or checkout page and subject to these Terms and the applicable Privacy Notice. Certain Services or digital products may be available only for a limited period, and applicable access periods may vary by Service or digital product. We reserve all rights not expressly granted to you herein. 

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 (including, without limitation, artificial intelligence systems) to access the Services or to collect or record content, data, or information from the Services or any of our websites; 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 or any other means to collect content, data, or information from the Services; without our prior written consent, use the Services or the content of any of our websites for the development of any software program, model, algorithm, or artificial intelligence system, including, but not limited to, training, development, or operation of a machine learning or artificial intelligence system. In addition, you agree not to upload, post, email 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 Terms or engage in illegal or fraudulent use of the Services. 

You shall not frame, mirror, deep link to, or embed any part of the Services or our websites without our prior written consent. 

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Without limiting the aforesaid prohibition, you shall not use our trademarks, logos, or branding in any way that suggests affiliation with or endorsement by the Company unless expressly authorized in writing. 

You hereby assign to the Company all rights, title and interest in and to any Feedback you provide. 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 or compensation to you. 

You represent and warrant that you have all necessary rights to submit such Feedback and that it does not violate the rights of any third party. You agree to indemnify, defend, and hold us harmless from any claims, losses, or liabilities arising out of or related to such Feedback. 

We are not obligated to review, use, or respond to any Feedback you submit. 

Our websites may contain links to third-party websites 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 websites or services or the content, accuracy, or opinions expressed on such websites or services. We do not investigate, monitor, or check the accuracy or completeness of such third-party websites or services. You further acknowledge and agree that, to the fullest extent permitted by law, 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 websites or services. 

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

Our websites and Services may display advertisements, sponsorships, and other promotional content provided by third parties (collectively, "Advertisements"). Advertisements may be served, targeted, measured, or delivered by third-party advertising networks, advertising exchanges, ad servers, and similar service providers (for example, Google), and may be selected or personalized based on cookies and other tracking technologies. For more information about how Advertisements are delivered and how you can manage or opt out of interest-based advertising, please see our Privacy Notice and the cookie preferences tool available on our websites. 

The presence of an Advertisement on or through our websites or Services does not constitute an endorsement, recommendation, verification, or guarantee by us of the advertiser of any product, service, claim, or statement contained in the Advertisement. We do not control, create, or review, and we assume no responsibility for, the content of any Advertisement, the products or services advertised, or the accuracy, completeness, legality, or reliability of any Advertisement or advertiser. 

Any promotion, correspondence, purchase, or other dealing you have with an advertiser, and your access to or use of any advertiser's website, products, or services, is solely between you and that advertiser. To the fullest extent permitted by applicable law, we are not responsible or liable, directly or indirectly, for any loss, damage, or other harm of any kind incurred as a result of, or in connection with, any such dealings or your reliance on any Advertisement. We strongly advise you to review the terms and conditions and privacy policies of any advertiser before engaging with it. 

We may receive compensation in connection with the display of Advertisements or other promotional arrangements, and such compensation does not affect the disclaimers set out in this section. 

PESI may use automated tools, including artificial intelligence (“AI”), in connection with the provision and improvement of the Services. This may include, for example, assisting with the creation, organization, or presentation of content; translating content into different languages; generating or editing images or other media; and providing accessibility features such as captions or transcriptions. 

Content that is generated or assisted by AI-powered or automated tools, including responses, recommendations, summaries, or other outputs, may be inaccurate, incomplete, outdated, unreliable, or unsuitable for your intended purpose. You should not rely on such content as a substitute for professional advice, and you are responsible for reviewing and verifying the accuracy, appropriateness, and suitability of any AI-generated or AI-assisted output before using or acting on it. We do not guarantee the accuracy or reliability of any AI-generated or AI-assisted output, and, to the fullest extent permitted by law, we are not responsible or liable for any loss, damage, or other harm arising from your use of, reliance on, or inability to use such output. 

Where content is translated automatically (including through third-party tools), such translations are provided for convenience only and may contain inaccuracies. In the event of any inconsistency, the original language version will prevail. 

PESI may also use automated tools to support search functionality, content categorization, and the presentation of content based on relevance or context. While these tools are intended to enhance the user experience, they may not operate without error or produce consistent results. 

Where search results or other content are ranked, recommended, or otherwise presented in a particular order, the main parameters used may include relevance to your search terms, selected filters, category, location, availability, popularity or engagement, and other contextual factors. You may be able to influence the order or presentation of results by adjusting your search terms, filters, location, selections, or sorting options, where these features are made available. 

PESI may also use automated tools and AI in connection with customer support and communications. This may include, for example, assisting customer service representatives in drafting or suggesting responses to inquiries; analyzing, summarizing, or categorizing support communications; and evaluating sentiment or feedback to improve service quality. Where appropriate, any AI-assisted support responses are subject to human review before being sent, and final decisions regarding customer communications remain with our staff. Third-party vendors may be engaged to provide these capabilities on PESI's behalf. 

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. 

Upon termination, your right to use the Services will cease immediately, and provisions of these Terms which by their nature should survive termination shall continue in effect. If you wish to terminate your Account, you may simply discontinue using the Services. 

To the maximum extent permitted by applicable law, the Company and its directors, officers, employees, agents, contractors or suppliers shall not 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 US$100. 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, which means that some of the above limitations may not apply. In these situations, each party's liability will be limited to the greatest extent permitted by law. 

You agree to indemnify, defend, and hold PESI, Inc. and its Associated Entities 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 legal 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.  

We reserve the right, without limiting your indemnification obligations, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, regardless of whether the indemnity is contained in this section or anywhere else in these Terms, and you agree to cooperate with our defense of that matter. You may not settle any claim without our prior written consent if the settlement imposes any obligation on us, admits liability on our behalf, or affects our rights. 

To the extent permitted by applicable law, you must bring any claim arising out of or relating to these Terms, the Goods, Services, or Events within one (1) year from the date the claim arises, failing which such claim shall be permanently barred. 

If you are a resident of California, the following waiver applies to any and all releases of liability contained in these Terms: You hereby explicitly waive your rights under California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." 

If you are a Consumer residing in the European Economic Area, United Kingdom, or Switzerland: Nothing in this section excludes or limits liability where it would be unlawful to do so, including for (i) death or personal injury caused by negligence, (ii) fraud or fraudulent misrepresentation, (iii) damages caused by willful misconduct or gross negligence, or (iv) any other liability which cannot be limited or excluded under applicable law. Mandatory statutory rights remain unaffected. Any applicable limitation periods shall be subject to applicable law. 

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 on its own behalf and on behalf of its Associated Entities 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 emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. 

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

We do not guarantee uninterrupted or error-free operation of the Services and may suspend, restrict, or modify access at any time, including for maintenance, security, or operational reasons. We are not liable for any loss or inconvenience caused by any interruption or suspension of access to the Services, whether planned or unplanned. 

You have statutory warranty rights, including legal guarantees of conformity, under the laws applicable in the country where you habitually reside. These rights are not affected by these Terms. Accordingly, the above provisions are subject to any rights you may have under any applicable law that cannot be excluded, restricted or modified by agreement of the parties. 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. 

We provide continuing education (CE) and continuing professional development (CPD) content for informational and educational purposes only. It is your sole responsibility to determine whether any content provided by us or your participation in any Event, course, or training offered by us satisfies the requirements of your licensing board, employer, professional body, or regulatory authority. 

We do not guarantee or warrant that any content, course, training, or certificate will be accepted or recognized by any third party for purposes of certification, accreditation, professional development, or licensure. You are encouraged to verify applicability with the relevant organization before enrolling. 

We are not responsible to you for any failure or delay in performing our obligations to you, including providing Goods or Services, if that failure or delay is caused by events beyond our reasonable control. These events may include, without limitation, natural events (such as floods, earthquakes, or extreme weather); acts of terrorism, war, or civil disturbance; government restrictions, sanctions, or changes in law; epidemics or pandemics; failure of electricity supply, internet access, or hosting infrastructure; cyberattacks or denial-of-service attacks. 

If such an event affects our ability to perform our obligations to you, we will let you know as soon as reasonably possible and work to minimize the disruption. We may, at our discretion, modify, reschedule, or substitute the affected Services, Events, or Goods, including converting an in-person Event to a virtual format or providing a comparable alternative. 

If the disruption continues for more than 30 days, you or we may cancel the affected order or Services. In the event of such cancellation, any refunds, credits, or other remedies will be provided in accordance with the applicable Event terms, event page, or purchase terms, and to the extent required by applicable law. 

This section does not affect such rights as you may have under applicable law. 

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). To the extent permitted by law, you and we agree to endeavor to settle any dispute arising out of or relating to these Terms using good faith efforts before having recourse to litigation. 

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. If you are a Consumer residing in the European Union, you may bring legal proceedings in the courts of your place of residence. 

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW: 

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. You 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 ACCESS TO, PAYMENT FOR, OR USE OR PROVISION OF THIS WEBSITE OR ANY OTHER WEBSITE GOVERNED BY THESE TERMS, THE SERVICES, THE EVENTS OR YOUR REGISTRATION FOR, ATTENDANCE AT, OR PARTICIPATION IN EVENTS, OR YOUR PURCHASE, ACCESS, VIEWING, OR USE OF GOODS OR SERVICES THROUGH ANY OF OUR WEBSITES, OR ANY BROWSING ACTIVITY, VIDEO VIEWING, CONTENT ACCESS, TRACKING TECHNOLOGIES, OR DISCLOSURES TO THIRD PARTIES RELATED TO THE WEBSITES, SERVICES, EVENTS, GOODS, OR SERVICES DESCRIBED ABOVE, 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 22. (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 22. 

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: (i) your first access to or use of the Services; or (ii) your first purchase. Any such court proceeding will be limited solely to your individual dispute or controversy. 

You agree to 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 22, 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 22; (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 22. 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. 

If you are a Consumer residing in the European Economic Area, Switzerland, or the United Kingdom, the arbitration and class action waiver provisions in these Terms do not apply to you. You may bring legal proceedings in the courts of your place of residence and you will benefit from any mandatory provisions of the laws of the country in which you are resident.  

The Company is subject to applicable economic sanctions, export control, and trade compliance laws and regulations, including those administered by the United States (including the U.S. Department of the Treasury’s Office of Foreign Assets Control), the European Union, the United Kingdom, Australia, and other applicable jurisdictions. 
 
By obtaining or using the Services or purchasing any Events or Goods, you represent and warrant that: (a) you are not located in, organized under the laws of, or ordinarily resident in any country or territory that is subject to applicable economic sanctions or embargoes; (b) you are not identified on any applicable government restricted party list, including sanctions or denied party lists; and (c) you are not acting on behalf of any such person or entity. 
 
You agree not to access, use, export, re-export, transfer, or otherwise make available any Services, Events, or Goods in violation of applicable sanctions or export control laws. 
 
The Company reserves the right to refuse service, block access, suspend or terminate Accounts, cancel transactions, or take any other action it deems necessary to comply with applicable law, including without prior notice where required. 
 
To the extent that any access to Services, Events, or Goods is restricted, suspended, or terminated due to applicable sanctions or export control laws, any refund or credit will be provided only to the extent permitted or required by applicable law.  

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. 

Except as expressly provided in these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person other than you. 

Notwithstanding the foregoing, the Company’s Associated Entities, licensors, service providers, and each of their respective directors, officers, employees, agents, contractors, and partners are intended third-party beneficiaries of those provisions of these Terms that by their nature are intended to benefit them, including, without limitation, provisions relating to disclaimers, limitations of liability, indemnification, intellectual property, dispute resolution, and releases. 

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 affect 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. 

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. 

Unless expressly agreed otherwise in writing between you and us, these Terms, together with any applicable Supplemental Terms and any other terms, conditions, policies, or notices made available or presented to you in connection with your use of the Services, Goods, or Events, constitute the entire agreement between you and us regarding such use, and supersede any prior agreements relating to the same subject matter, whether written or oral. 

In the event of any inconsistency, the following order of precedence applies: 
(i) terms presented in connection with a specific Service, Good, or Event, or at the point of purchase or registration; 
(ii) applicable Supplemental Terms; and 
(iii) these Terms. 

Each will prevail only to the extent of the inconsistency and only with respect to the applicable Service, Good, or Event. 

You are responsible for reviewing these Terms periodically for changes. 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. We may make non-material changes at any time without specific notice to you. 

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. 

If you are a Consumer residing in the European Economic Area, United Kingdom, or Switzerland: We will provide you with reasonable advance notice of any material changes to these Terms. If you do not agree to such changes, you may stop using the Services and, where applicable, cancel your account or any ongoing Services before the changes take effect. Nothing in this section affects any rights you may have under applicable consumer protection laws. 

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

Mailing address:
PESI, Inc.
3839 White Ave
Eau Claire, WI 54702-1000
USA 

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

EU Digital Services Act (DSA) Contact Information 

Contact for EU Authorities (Article 11 DSA)
Email: eu-dsa-authorities@pesi.com