Overview

These terms and conditions (“Terms”, “Agreement”) and its disclaimers (“Disclaimer”, “Agreement”) are an agreement between Performance 360 (“Performance 360”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement and Disclaimer sets forth the general guidelines, terms, and conditions of your use of the https://www.performance360.net/ website and any of its products or services (collectively, “Website” or “Services”).

Refund Policy

Since all of our courses come with an associated exam voucher, refunds and exchanges are not possible. All courses/exam voucher sales are non-refundable and non-exchangeable. No exceptions.

100% Pass Guarantee

We are extremely confident that you will learn everything you need to know to pass your certifications with our courses. If you do not pass your certification within 60 days of registering for this course, simply send us your test score and your course completion certificate, and we will pay for your exam retake.

To be eligible for the 100% Pass Guarantee, a student must complete the entire course, including the video lessons, quizzes, and practice exams, as proven by submitting your course completion letter that is dated prior to your taking the official certification exam. The 100% Pass Guarantee is an add-on service exclusively offered by Performance 360 for selected courses/exams. The 100% Pass Guarantee may only be used once the initial exam linked to your course purchase has a “fail” result. The 100% Pass Guarantee is not transferable, non-refundable, and cannot be redeemed for cash or credit, even if it isn’t eventually used. Students must schedule and take the re-sit exam within 6 months from the date of their initial exam. The 100% Pass Guarantee is exam-specific; it cannot be used for any other offering and is valid only for the exam originally purchased. Failing to show up for an exam appointment or not rescheduling the appointment prior to their scheduled appointment forfeits students’ ability to use the 100% Pass Guarantee option for a retake. The 100% Pass Guarantee is only valid on courses purchased through Performance 360.

Billing and Payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. We reserve the right to change products and product pricing at any time.

Accuracy of Information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

Backups

We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

Links to Other Websites

Although this Website is not linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites.

Prohibited Uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Intellectual Property Rights

This Agreement does not transfer to you any intellectual property owned by Performance 360 or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Performance 360. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Performance 360. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Performance 360 or third-party trademarks.

Disclaimer of Warranty

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Performance 360, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Performance 360 has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Performance 360 and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Performance 360 for the prior one month period prior to the first event or occurrence giving rise to such liability.

Indemnification

You agree to indemnify and hold Performance 360 and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of California, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in California, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and Amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Representation

Any views or opinions represented in this Website reflect the views and opinions of Performance 360, its affiliates, Content creators or employees. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

Content and Postings

You may print a copy of any part of this Website for your own personal, non-commercial use, but you may not copy any part of the Website for any other purposes, and you may not modify any part of the Website. Inclusion of any part of this Website in another work, whether in printed or electronic or another form or inclusion of any part of the Website in another website by embedding, framing or otherwise without the express permission of Performance 360 is prohibited.

You may submit comments for the Content available on the Website. By uploading or otherwise making available any information to Performance 360, you grant Performance 360 the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein. You may not impersonate any other person through the Website. You may not post content that is defamatory, fraudulent, obscene, threatening, invasive of another person’s privacy rights or that is otherwise unlawful. You may not post content that infringes on the intellectual property rights of any other person or entity. You may not post any content that includes any computer virus or other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.

Indemnification and Warranties

While we have made every attempt to ensure that the information contained on the Website is correct, Performance 360 is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information on the Website is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied. In no event will Performance 360, or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information on the Website or for any consequential, special or similar damages, even if advised of the possibility of such damages. Information on the Website is for general information purposes only and is not intended to provide legal, financial, medical, or any other type of professional advice. Please seek professional assistance should you require it. Furthermore, information contained on the Website and any pages linked to from it are subject to change at any time and without warning.

We reserve the right to modify this Disclaimer at any time, effective upon posting of an updated version of this Disclaimer on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of this disclaimer

You acknowledge that you have read this Disclaimer and agree to all its terms and conditions. By accessing the Website you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to use or access the Website.

Contacting us

If you have questions about our Terms and Conditions or Disclaimer, please email us at info@performance360.net

This was last updated on July 1, 2022.