Welcome to Professional Education Services (“PES”). By using our services or this website, you are agreeing to the terms and conditions stated herein. If you do not agree to these terms and conditions, please do not use this site or our services. Please check these terms periodically for changes. Your continued use of our services or this website following changes to these terms will mean you accept those changes
USING OUR SERVICES
Your access to and use of this website and the services provided by PES (“Services”) is subject to these terms and conditions (“Terms”), and you agree that all of the following Terms apply when using PES’ Services.
USE OF COURSE MATERIALS
All materials obtained from PES are protected by copyright and owned, controlled or licensed by PES (unless otherwise specifically noted on the course materials). Using our Services does not give you ownership of any intellectual property rights of our Services or content you access. You may only use the content obtained through PES for your own personal educational use. Any use of Services for other than personal use is expressly prohibited without prior written permission from PES, and you may not copy, reproduce, frame, republish, post, transmit, or distribute in any way any content purchased through or obtained from PES without express advance written permission from PES.
NO PROFESSIONAL ADVICE
You understand and agree that, by providing our Services, PES is providing information solely for purposes of continuing education. The content provided by PES has been prepared as a service to its customers, and is not intended to constitute professional or legal advice. PES has used diligent efforts to provide quality information and material, but does not warrant or guarantee the accuracy, timeliness, completeness, or currency of the information contained therein. Ultimately, the responsibility to comply with applicable legal requirements falls solely upon the individual licensee, not PES. PES encourages you to contact your State Board for the latest information and to confirm or clarify any questions or concerns you have regarding your duties or obligations as a licensed professional.
LIABILITY AND WARRANTY OF OUR SERVICES
EXCEPT AS EXPRESSLY REPRESENTED OTHERWISE, AND TO THE EXTENT NOT PROHIBITED BY LAW, ALL SERVICES AND OTHER INFORMATION PROVIDED BY OR ON BEHALF OF PROFESSIONAL EDUCATION SERVICES, LP, ARE FURNISHED ON AN "AS-IS" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ESPECIALLY AS TO QUALITY, RELIABILITY, TIMELINESS, USEFULNESS, SUFFICIENCY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF CONDITION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED BY PROFESSIONAL EDUCATION SERVICES, LP.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PROFESSIONAL EDUCATION SERVICES, LP FOR ANY CLAIM AGAINST IT, INCLUDING ANY CLAIM FOR BREACH OF WARRANTY, EXPRESS OR IMPLIED, IS LIMITED TO THE AMOUNT YOU PAID PROFESSIONAL EDUCATION SERVICES, LP TO USE THE SERVICES. CONSEQUENTLY, THE AGGREGATE LIABILITY FOR DAMAGES OF PROFESSIONAL EDUCATION SERVICES, LP, ITS EMPLOYEES OR AGENTS, FOR ANY AND ALL CLAIMS (WHETHER IN TORT, CONTRACT, OR OTHERWISE) ARISING FROM OR RELATED TO YOUR USE OF SERVICES PROVIDED BY PROFESSIONAL EDUCATION SERVICES, LP SHALL NOT EXCEED THE AMOUNTS THE CUSTOMER ACTUALLY PAID TO PROFESSIONAL EDUCATION SERVICES, LP FOR USE OF SUCH SERVICES.
UNDER NO CIRCUMSTANCES SHALL PROFESSIONAL EDUCATION SERVICES, LP BE LIABLE FOR ANY SPEICAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE USE OF ITS SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM THE NEGLIGENCE OF PROFESSIONAL EDUCATION SERVICES, LP OR THE INABILITY TO USE OUR SERVICES. AS AN ON-LINE SERVICE PROVIDER, PROFESSIONAL EDUCATIONAL SERVICES, LP IS RELIANT ON TECHNOLOGY TO PROVIDE ITS SERVICES. DUE TO CIRCUMSTANCES BEYOND ITS CONTROL, THOSE SERVICES MAY BECOME TEMPORARILY UNAVAILABLE AND PROFESSIONAL EDUCATION SERVICES, LP MAKES NO WARRANTY THAT THE FUNCTIONALITY OF ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. IN THE EVENT THAT THE SERVICES PROVIDED BY PROFESSIONAL EDUCATION SERVICES, LP ARE UNAVAILABLE FOR ANY REASON, PROFESSIONAL EDUCATION SERVICES, LP TAKES NO RESPONSIBILITY FOR ANY CONTINUING EDUCATION CREDIT HOURS THAT ARE COMPLETED LATE OR REPORTED LATE TO THE APPROPRIATE STATE REGULATORY BODY. TIMELY COMPLIANCE WITH STATE BOARD REQUIREMENTS IS ENTIRELY THE OBLIGATION OF THE LICENSEE.
GOVERNING LAW AND DISPUTES
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California and you hereby submit to the exclusive jurisdiction of the California courts. Any dispute relating in any way to Professional Education Services, LP or to products or Services sold or distributed by Professional Education Services, LP in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in the Superior Court of California, County of Placer, and you consent to exclusive jurisdiction and venue in such court.