Terms of Use

Last updated:  13, October, 2025 

These Terms of Use (the “Terms” or “EU Terms”) apply if you are located or ordinarily resident in the European Economic Area (EEA), Switzerland, or the United Kingdom.  

If you are located or ordinarily resident in the United States or any other jurisdiction outside the EEA, Switzerland, or the United Kingdom, these EU Terms do not apply to you. Instead, the U.S. Terms of Use—which include a binding arbitration agreement and class action waiver—apply and are binding upon you. 

PESI, Inc. trading as PESI Europe (“Company”, “PESI”, “we”, “us”, or “our”) provide access to websites, mobile applications, other online platforms, and various digital products and services. We also organise 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 apply only to the Services, Events, and Goods offered under the PESI Europe brand and do not apply to any other businesses, brands, products, or services provided or operated by PESI, Inc. or its affiliates. 

BY ACCESSING, ORDERING, USING, OR REGISTERING FOR, ATTENDING, OR PARTICIPATING IN ANY OF THESE OFFERINGS, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. 

Please read these Terms carefully before using the Services, ordering or using Goods, or registering for, attending, or participating in Events. They contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. 

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 supplemental terms. Those supplemental terms are part of our agreement with you. To the extent that any supplemental terms conflict with these terms, the supplemental terms shall govern to the extent of the conflict. 

1. Interpretation and Definitions 

Interpretation 

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

Definitions 

For the purposes of these Terms: 

  • Accountmeans a unique account created for you to access our Service or parts of our Service, to order Goods, or to register for Events. 

  • Associated Entity means any entity that controls, is directly or indirectly controlled by, or under common control with, PESI. For the purposes of this definition, "control" (including, with correlative terms like "controlled by" and "under common control with") means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such entity, whether through the ownership of voting securities, by contract, or otherwise 

  • Company  (referred to as either "the Company", "we", "us" or "our" in this Agreement) refers to PESI, Inc. doing business as PESI Europe, 3839 White Ave, Eau Claire WI 54703, United States of America. 

  • Contentmeans any material, including but not limited to text, images, audio, video, or other data or information in any form or medium, that you post, upload, submit, transmit, display, or otherwise make available through the Services. 

  • Feedback means feedback, innovations, ideas, or suggestions sent or provided by you regarding the Events, Goods, or Services. 

  • Goodsrefer to the items offered by the Company on its websites, whether for sale or provided free of charge. 

  • Ordermeans a request by you to purchase or subscribe for Goods or Services from us or to attend an Event. 

  • Payment Planmeans a deferred payment agreement under which you agree to pay the Company through regularly scheduled, recurring payments. 

  • Promotions refer to contests, sweepstakes, discounts, marketing campaigns, or other promotional offers made available by us. 

  • Subscriptions refer to access to the Services offered on a subscription basis by us to you. 

  • Third-party Servicemeans any services or content (including data, information, products or services) provided by a third-party. 

  • you or your(s) means the individual accessing, purchasing or using the Services or Goods, or attending an Event, or the company, or other legal entity on behalf of which such individual is accessing, purchasing, or using the Services or Goods, or attending or participating in Events, as applicable. 

2. Privacy 

We collect personal information about you through and in connection with your use of our websites, your purchase or use of Goods and Services, or your registration for or attendance at or participation in Events. Please see our Privacy Notice and GDPR Addendum 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 and GDPR Addendum 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. 

3. Placing Orders  

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

Your Information 

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

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

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

Order Acceptance 

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

Order Refusal or Cancellation 

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

  • Goods availability; 

  • Errors in the description or prices for Goods or Services; or 

  • Errors in your Order. 

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

Your Order Cancellation Rights 

Any Goods you purchase may 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.  

Cooling-off Period 

If you habitually reside in the European Economic Area (EEA) you are entitled to a 14-day cooling-off period during which you may cancel your Order without giving a reason. 

  • Goods: For physical Goods delivered to you, the cooling-off period begins on the day you (or someone you nominate) take ownership of the Goods. You must notify us of your decision to cancel within 14 days of that date. After cancellation, you have a further 14 days to return the Goods. You will be refunded the cost of the Goods and any standard delivery charges. Return postage costs may apply unless we failed to inform you of this beforehand. 

  • Services: For Services (other than digital content) purchased online, the cooling-off period begins the day after your Order is confirmed. If you request that such Services begin during the cooling-off period, you may still cancel, but we may deduct a proportionate amount for any Services already provided. 

  • Digital Content: When you purchase digital content or access to digital services (such as downloads or streaming), you will receive immediate access once your Order is confirmed. By starting to access or download the digital content or services, you acknowledge that we will begin delivery straight away and that you therefore lose your statutory right to cancel the purchase.. 

If you wish to cancel in accordance with the above cooling-off rights, please send an email to info@pesi.eu. You may wish to use the following model cancellation form for this purpose: 

Model Cancellation Form 
(complete and return this form only if you wish to withdraw from the contract) 

To: PESI, Inc. trading as PESI Europe, info@pesi.eu 

I/We () hereby give notice that I/We () withdraw from my/our (*) contract for the sale of the following goods / the provision of the following service: 

• Order number: __________ 
• Date of conclusion of contract / date of receipt of goods: __________ 
• Name(s) of consumer(s): __________ 
• Address(es) of consumer(s): __________ 
• Signature of consumer(s) (only if this form is notified on paper): __________ 
• Date: __________ 

(*) Delete as appropriate 

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: 

  • The supply of Goods made to your specifications or clearly personalised. 

  • The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items. 

  • The supply of live-streamed digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent. 

  • The supply of recorded digital content which is not supplied on a tangible medium if the performance has been completed with your prior express consent. 

Availability, Errors, and Inaccuracies 

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

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

Certain search results and product grouping pages on our website are generated or ranked using artificial intelligence (AI) powered search and recommendation systems. 

Pricing Policy 

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

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

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

Payments 

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

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

Shipments; Delivery; Title and Risk of Loss 

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

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

Product Returns and Refund Policy 

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

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

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.  

4. Subscriptions 

Subscription Period 

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

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

We will notify you in advance of any renewal for Subscriptions, as required under applicable law. 

Subscription Cancellations 

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

Billing 

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

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

Fee Changes 

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

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

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

Refunds 

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

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

5. Payment Plans 

Payment Plan Period 

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

Billing 

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

Automatic Recurring Payment Failure 

If your automatic recurring payment is declined or unable to be processed for any reason, we will attempt to contact you by phone or email. We may, 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 authorise the recurring payment with the new credit card by calling the Company or by making changes to your Payment Plan by logging into your online account. Any changes are subject to approval by the Company. If the change is approved, your previously approved payment method will be terminated within 24 hours of approval. 

Payment Plan Cancellations 

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

6. Promotions 

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

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

7. User Accounts 

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

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

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

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

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

8. Content 

Your Right to Post Content 

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

By posting Content to the Services, you grant us the worldwide, irrevocable, and transferrable rights and licence 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 licence 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 licence 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, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following: 

  • Unlawful or promoting unlawful activity. 

  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups. 

  • Spam, machine or randomly generated, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling. 

  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person. 

  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights. 

  • Impersonating any person or entity including the Company and its employees or representatives. 

  • Violating the privacy of any third person. 

  • False information and features. 

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, and to refuse or remove this Content. The Company further reserves the right to format, edit, and change the manner of any Content. The Company can also limit or revoke the use of the Services if you post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and, 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 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. 

9. Copyright Policy 

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

If you are a copyright owner, or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to us using the details on our contact us page or by sending an email to dmca@pesi.com, 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 any Content is infringing your copyright. 

10. Intellectual Property 

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

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

You are responsible for meeting the then-current hardware, operating system, Internet browser, and other technical requirements necessary to properly use and access the Services. All rights not specifically granted herein are reserved by us. You acknowledge that the licence 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 authorised) means to access 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, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of the Services if you violate these or are engaged in illegal or fraudulent use of the Services. 

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 may not use our trademarks, logos, or branding in any way that suggests affiliation with or endorsement by the Company unless expressly authorised in writing. 

11. Your Feedback to Us 

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 licence to use, reproduce, disclose, sub-licence, 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 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. 

12. Links to Other Websites 

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. You further acknowledge and agree that, to the fullest extent permitted by applicable 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. 

13. Termination 

We may terminate or suspend your Account immediately, without prior notice or liability, if you breach these Terms. 

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

14. Limitation of Liability; Indemnity 

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

Notwithstanding anything to the contrary contained herein, to the maximum extent permitted by applicable law, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by you to us for the relevant Goods, Services, or Events. 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. 

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 implied warranties or limitation of liability for incidental or consequential damages, 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 and hold PESI 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. 

Nothing in these Terms of Use limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct. 

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

The Services, Goods, and Events are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, PESI, 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 e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. 

You have statutory warranty rights under the laws applicable in the country where you habitually reside. 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. 

16. Professional Recognition Disclaimer 

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 recognised by any third party for purposes of certification, accreditation, professional development, or licensure. You are encouraged to verify applicability with the relevant organisation before enrolling. 

17. Force Majeure 

We are not responsible to you for any failure or delay in performing our obligations to you, including providing Products, 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 minimise the disruption. If the disruption continues for more than 30 days, you or us may cancel the affected order or Services. This clause does not affect such rights as you may have under any applicable law. 

18. Governing Law and Jurisdiction 

All matters arising out of or relating to these Terms (and any non-contractual obligations arising out of or in connection with them) are governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule, provided that this choice of governing law will not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the laws applicable in the country where you habitually reside. 

In the event of any dispute (including any non-contractual obligations arising out of or in connection with it), you may bring judicial proceedings against PESI either in the state or federal courts in Wisconsin or in the courts for the place where you are domiciled. To the extent permitted by law, you and we agree to endeavour to settle any dispute arising out of or relating to these Terms using good faith efforts before having recourse to litigation. 

You also have access to out-of-court alternative dispute resolution (“ADR”) mechanisms, if available under national law. We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board. However, we may agree to participate in such proceedings in appropriate cases, depending on the nature of the dispute and the relevant national laws. If and when we participate in ADR in a particular country, we will provide you with the name, contact details, and procedural rules of the relevant ADR body. 

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. 

19. Sanctions 

You represent and warrant that (i) you are not located in a country that is on or subject to a Sanctions List (as defined below), or that has been designated by the United Kingdom government as a "terrorist supporting" country, and (ii) you are not a Sanctioned Party (as defined below). “Sanctions List” means each of (a) OFAC’s list of Specially Designated Nationals; (b) the United Kingdom’s Treasury’s Consolidated List of Sanctions Targets; (c) the European Union Consolidated List of Persons, Groups, and Entities Subject to EU Financial Sanctions; (d) the US Bureau of Industry and Security Entity List; or (e) any other application sanctions lists. “Sanctioned Party” means any person (entity or individual) who is subject to sanctions or export controls imposed by the United States, United Kingdom, European Union or other applicable authority, including, but not limited to any person (a) identified on any Sanctions List; or (b) who is 50 percent or more owned, directly or indirectly, individually or in the aggregate, or otherwise controlled by, any person identified in (a). 

20. Assignment 

We may transfer our rights and obligations under these Terms to another organisation, for example in connection with a merger or reorganisation. If this happens, we will ensure that your rights under these Terms are not affected and we will notify you of the change. 

You may transfer your rights or obligations under these Terms only if we agree in writing, except that your statutory rights (including your right to legal guarantees) remain unaffected. 

21. No Third-Party Beneficiaries 

These Terms do not confer any rights on any person or party (other than the parties to these Terms). 

22. Severability and Waiver 

Severability 

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

Waiver 

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not 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 authorised representative of the Company. 

23. Translation Interpretation 

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

24. Changes to These Terms or the Services 

We may update these Terms from time to time to reflect changes in our business, services, or for other operational, legal, or regulatory reasons. 

If we make material changes, we will notify you in advance (for example, by email or via our website) before the new Terms take effect. If you do not agree to the updated Terms, you may terminate your account and stop using our services before the changes apply. 

No changes will apply retroactively, and your statutory rights remain unaffected. 

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

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. 

25. Contact Us 

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

Mailing address: 

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

 

Accessibility 

PESI is committed to making its services and content accessible to individuals with disabilities. If you need these Terms of Use in an alternative format, or require accommodations to access our services or participate in an event, please contact us. You can reach us by email at info@pesi.eu, or through our contact form. We will make every reasonable effort to support your needs. We will make every reasonable effort to support your needs.