Terms of Use

Last updated: April 27, 2025

These updated Terms of Use will take effect for existing users on May 16, 2025. For new users, the updated Terms of Use are effective immediately upon acceptance.

Evergreen Certifications LLC (“Company”, “we”, “us”, or “our”) provides access to the evergreencertifications.com website and other websites, online platforms, digital products, and services (collectively, “Services”). We also provide professional certifications for behavioral health, healthcare, allied health, and education professionals (“Certifications”). These Terms of Use (“Terms”) govern your access to and use of our websites, including evergreencertifications.com (each a “Website”) and the Services. Together with our Code of Ethics, the Terms also apply to our Certifications. BY ACCESSING OR USING ANY OF THESE OFFERINGS OR APPLYING FOR A CERTIFICATION, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES OR APPLYING FOR A CERTIFICATION. 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. YOU AND THE COMPANY AGREE TO SUBMIT DISPUTES TO AN ARBITRATOR AND NOT TO SUE IN COURT IN FRONT OF A JUDGE OR JURY, EXCEPT IN SMALL CLAIMS COURT. SEE “DISPUTES RESOLUTION AND BINDING ARBITRATION” BELOW.

YOU MAY NOT ACCESS OR USE THE SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING ANY OF OUR WEBSITES OR ANY OF THE WEBSITES’ CONTENTS OR THE SERVICES BY APPLICABLE LAW.

SOME OF THE SERVICES MAY ALSO BE 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 and Conditions:

• Account means a unique account created for you to access our Services or parts of them.
• Associated Companies refers to PESI, Inc., 3839 White Ave, Eau Claire WI 54703 and its Subsidiaries.
• Feedback means feedback, innovations, ideas, or suggestions sent or provided by you regarding the Services.
• Listing means a Provider’s listing or profile on the Website or Services.
• Marks means the specific trademark, service mark, logo, visual representation, symbol, abbreviation, credential, or other proprietary identifier signifying or associated with the specific Certification issued to you by us.
• Order means a request by you to apply for a Certification, obtain a Listing, or purchase any other products or services from us.
• Partners means the various organizations we partner with from time to time, including those organizations listed as partners on our website.
• Provider refers to a therapist or service provider listed on the Website or through the Services.
• Subscriptions refer to access to content and/or the Services offered on a subscription basis by us to you.
• Subsidiary means any entity that is directly or indirectly controlled by, or under common control with, PESI, Inc. 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.
• User Content refers to content such as text, images, audio, video, or other material or information that can be posted, uploaded, linked to or otherwise made available by you, regardless of the form of that content.
• Website Content refers to any content, text, images, audio, video, or other material or information on the Website or provided, made available, or otherwise found through the Website or Services.
• you or your(s) means the individual accessing or using the Services.

2. Privacy

We collect personal information about you through and in connection with your use of our Websites and the Services. 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 accessing our Websites or using the Services. 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.

3. 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 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 payment processing third parties for purposes of facilitating the completion of your Order.

Order Acceptance, Refusal, or Cancellation

You agree that your Order is an offer to buy or obtain goods or services under these Terms. All Orders must be accepted by us or we will not be obligated to provide services or goods to you. 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. 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.

We reserve the right to refuse or cancel your Order at any time for certain reasons including but not limited to availability of goods or services, errors in the description or prices for goods or services, or errors in your Order. We also reserve the right to refuse or cancel your Order if we suspect fraud or an unauthorized or illegal transaction.

Availability, Errors, and Inaccuracies

We are constantly updating our offerings of goods and services. The goods and services marketed on our Websites may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our goods and services, 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.

Prices Policy

All prices and fees posted on our Websites are subject to change without notice. We reserve the right to revise our prices and fees at any time.

You are responsible for any duties, customs fees, levies or taxes (“Taxes”) associated with goods or services purchased or obtained through the Website, including any related penalties or interest. You must pay for goods and services without any reduction for Taxes. If we are obligated to collect or pay Taxes, the Taxes will be charged to you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your use of the Services.

Your continued use of the Services after a price or fee change comes into effect constitutes your agreement to pay the modified price or fee.

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, unless we make payment by way of a payment plan available for an Order. If we do make a payment plan available, you will make payment on an automatic recurring basis (such as weekly or monthly), depending on the plan you select. You must provide accurate billing information for recurring payments and using temporary email addresses is prohibited. If a payment fails, we will contact you, but we may restrict your payment method and suspend your access to Services if an automatic recurring payment is decline or cannot be processed. You can change your payment method by contacting us or updating your account online, subject to our approval. You can also cancel your payment plan at any time, but you shall pay us the remaining balance due in full if you cancel.

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 authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your Order.

Billing

You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. Should any automatic billing fail to occur for any reason, we 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.

Promotions

If we offer you a promotion (e.g., a promotional price or free Listing), please review the applicable terms and conditions. We reserve the right to terminate any promotion, your participation in it, or your continued use of the promoted product or service at any time. Should you continue to use the relevant product or service after such termination, you will be responsible for the applicable rates, fees, and pricing at that time.

4. Subscriptions

Ongoing Subscriptions

Some Services are available only with a paid Subscription. We will bill you in advance for your Subscription. To the extent permitted by law, your Subscription will automatically renew on a recurring basis corresponding to the term of your Subscription unless and until you cancel your Subscription, or your account is otherwise suspended or terminated pursuant to these Terms. 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.

Cancellations

You may cancel your current Subscription at any time through your account settings 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 your access the Services will be terminated immediately upon such cancellation.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, 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

When you subscribe to our Services, you will initially be charged at the rate applicable at the time of your agreement to subscribe. 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.

Trial Periods

On occasion, we may offer trials to a particular Service, subject to specific terms explained during your sign-up. You can view details of your trial on your account page within the billing portal. We reserve the right to determine eligibility for trials, which may vary based on factors including the Service selected, how recently you redeemed a trial, and whether the Service is part of a combined offering. Access to trials may be limited to a certain number of trials for each user during a given period, or other restrictions. Certain limitations may also exist with respect to combining trials with any other offers.

It is very important to understand that you will not receive a notice from us when your free trial is ending or has ended and that payment for your Subscription is due. If you wish to avoid charges to your chosen payment method, you must cancel your Subscription prior to midnight Central Time (North America) on the last day of your trial period. If you cancel your Subscription during a free trial or while using a promotional code or other credits, you will immediately lose access to the Services and any Subscription privileges unless otherwise specified.

Promotions

If we offer you a promotion (e.g., a promotional price, bundled Subscription, or device-specific offer), the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you. We will begin billing you for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.

5. Certifications

This Section 5 applies only if you are a Provider.

Code of Ethics

Please see our Code of Ethics, which forms an integral part of these Terms. By applying for a Certification, you agree to adhere to our Code of Ethics and the standards and requirements applicable to the Certification (both as amended or updated from time to time).

Applications

You represent and warrant that all information, documents, and materials you submit in connection with a Certification application are accurate, truthful, and complete. We reserve the right to independently verify any submitted information and to revoke or deny a Certification at any time if we determine, in our sole discretion, that information provided is false, misleading, or does not meet the stated requirements. No refund will be provided in such cases.

You agree that we do not provide any training or preparation in relation Certifications. You accept the full responsibility to ensure that you are suitably trained and qualified for the Certification you are applying for.

By applying for a Certification, you:

• acknowledge that Certification depends on your ability to meet all applicable requirements and qualifications;
• certify that the information contained in your Certification application is true, complete, and correct to the best of your knowledge and is made in good faith;
• understand that we may need to gather additional information to clarify or supplement your application and you agree to promptly supply such additional information;
• understand that if any information provided by you is later determined to be false or misleading, we reserve the right to revoke any Certification that has been granted on the basis thereof;
• agree that, if a Certification is issued to you, you will continue to adhere to the Code of Ethics and all applicable standards and state requirements, and to notify us if at any time you become unable to perform your professional responsibilities in accordance with the standards and requirements of the Certification;
• agree to use all credentials, designations, marks, seals, or logos of or relating to the Certification accurately and in accordance with the standards, requirements, and instructions from time to time;
• should we suspend your Certification at any time, during the time of suspension you will not use any designations, marks, seals, or logos of or relating to the Certification;
• agree to cease use of the Certification and any related designations, seals, marks, or logos if we withdraw or suspend your Certification;
• agree to immediately correct your use of the Certification and any related designations, seals, or logos, if we notify you of any misuse or abuse thereof;
• agree that we may withdraw your Certification at any time if you fail to correct your use of any designations, seals, or logos relating to your Certification;
• release, discharge, and indemnify the Company and its Associated Companies and Partners, and all their respective directors, officers, representatives, employees and agents from any actions, suits, obligations, damages, claims or demands arising out of, or in connection with, any aspect of the Certification application process including any decision that may result in a decision to not issue you a Certification for any reason.
• You agree that a Certification does not constitute our endorsement or guarantee of your clinical competence, quality of care, or fitness to practice. Beyond stating that you hold a Certification, you shall not imply our endorsement of you in marketing or promotional materials or any public representations.

Submitting an application and meeting stated eligibility requirements does not guarantee that a Certification will be issued to you. Final decisions regarding Certifications are made in our sole and absolute discretion and opinion.

Continuing Education

We reserve the right to request additional documentation or evidence of completion of training or continuing education at any time, including after a Certification has been issued. If you fail to provide such documentation, we may deny, revoke, or suspend your Certification.

Use of Marks

We grant you a limited, personal, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to use the Marks solely in connection with the marketing and provision of mental health counselling or therapy services you perform in the jurisdiction in which you are authorized to practice. We grant you no other rights than as explicitly granted herein and we reserve all other rights. We grant you no rights in relation to any other trademarks.

The License will continue for as long as you hold an active and fully paid Certification, unless earlier relinquished, suspended, revoked, or terminated in accordance with these Terms. If your Certification expires or is relinquished, suspended, revoked, or terminated, your License automatically terminates. If your License expires, is relinquished, revoked, terminated, or suspended, then you must immediately cease all use of the Marks and must not hold yourself out as being certified by us. If you use the Marks following relinquishment, expiration, revocation, or termination of the License, or during a suspension of your License, this will constitute infringement and we will be entitled to pursue all legal and equitable remedies for such infringement.

You agree not to, directly or indirectly: (1) use the Marks in conjunction with the promotion and/or provision of any services that are not approved by us, (2) use the Marks in conjunction with the sale of any tangible goods or of any services that do not relate to your Certification, (3) state or imply that we have made a determination on the merits or quality of any education, testing, or review program with which you may be associated, (4) state or imply that we sponsor, approve, or otherwise endorse any particular services you may offer, including those relating to your Certification, (5) certify, sublicense, or otherwise grant to any other individuals or entity the right to use the Marks, (6) use the Marks in a manner that implies another individual or entity is qualified to use the Marks, (7) use the Marks in violation of our standards, requirements, or Code of Ethics, or in any manner that is false or misleading, (8) use the Marks in violation of any laws and regulations, or (9) use the Marks in any manner beyond that which is expressly authorized by these Terms

You will display the Marks with such registration symbols, and in such manner, as required or otherwise directed by us from time to time. You will not alter or distort the Marks, or use any marks that are confusingly or deceptively similar to the Marks. You acknowledge the Marks are valid marks, owned by us or our licensor. You acknowledge our ownership of all right, title, and interest in and to the Marks. Any goodwill resulting from your use of the Marks will accrue exclusively to our benefit.

You will notify us in writing of any infringements, imitations, claims, or unauthorized use with respect to the Marks which may arise or that otherwise come to my attention.

You will conduct your business and provide your services in a way that does not adversely affect our reputation or goodwill. You agree not to: (1) challenge us as the sole, absolute, or exclusive owner of all right, title and interest in and to the Marks and the goodwill associated therewith, (2) challenge the validity of this License, (3) register, use, adopt, or promote any mark that is confusingly similar to any trademark, service mark, logo, or trade name owned by or licensed to us, any composite mark which uses all or a portion of the Marks, or any of the Marks (except for the use of the Marks expressly permitted herein), (4) take or encourage any action which would impair our rights in and to the Marks, or impair the goodwill associated with the Marks, or (5) infringe any trademark, service mark, logo, or trade name owned or licensed by us.

THE LICENSE TO THE MARKS IS PROVIDED ON AN “AS IS” BASIS. WE DISCLAIM ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, USAGE OF TRADE, EMPLOYABILITY OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE HAVE NO DUTY OR OBLIGATION TO REGISTER, RENEW, OR OTHERWISE MAINTAIN ANY REGISTRATION FOR THE MARKS.

The nature and quality of all advertising, promotional, or other uses you make of the Marks must conform to and comply with our stated guidelines and instructions from time to time, and all applicable laws and regulation. We may, at our election, monitor the manner in which you use the Marks. We retain, at all times, the right to revoke your Certification and License if we determine, in our sole discretion, that your use of the Marks fails to comply with these Terms.

You authorize us and our agents and representatives to review your background, which may include, but is not limited to (1) the review of databases containing civil and criminal records of any or all federal, state, and local government jurisdictions, (2) the review of databases containing records of any federal, state, local, or foreign governmental agency, self-regulatory organization, or other regulatory authority, (3) the review of other public records, (4) the review of arbitration records, and (5) interviews of third parties concerning any matter relevant to your Certification or this License, including your professional background, civil and criminal record, regulatory history, and integrity and fitness to use the Marks. In connection with the authorization provided in the preceding sentence, you hereby waive and relinquish any rights that you may have to keep such information confidential from us and our agents and representatives under any state or federal constitution, statute, regulation, or other law.

Suspension or Revocation

We reserve the right to investigate any report of professional misconduct, ethical violation, or other concern related to you. You agree to cooperate with any investigation. We reserve the right to suspend or revoke your Certification at any time based on conduct we determine, in our sole and absolute discretion and opinion, to be unethical, unprofessional, or in violation of our Code of Ethics or any stated eligibility requirements, or if your licensing board or governing body revokes your license or rights to practice.

6. 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 suspension or 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.

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.

7. User Content

Posting of User Content

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

You agree to provide accurate, current, and complete information during the account registration and profile submission process and at all other times when you use a Website, and to update information to keep it accurate, current, and complete.

By posting User Content to the Services, you grant us the worldwide, irrevocable, and transferrable rights and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Services. You retain any and all of your rights to any User 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 User Content available to other users of the Services, who may also use your User Content subject to these Terms.

You represent and warrant that: (i) the User 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 User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

Restrictions

The Company is not responsible for the User Content of the Services’ users. You expressly understand and agree that you are solely responsible for the User Content and for all activity that occurs under your account, whether done so by you or any third person using your account.

You may not transmit any User Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable User 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 unauthorized or unsolicited advertising, chain letters, any other form of unauthorized 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 unauthorized 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 User Content is appropriate and complies with these Terms, and to refuse or remove this User Content. The Company further reserves the right to format, edit, and change the manner of any User Content. The Company can also limit or revoke the use of the Services if you post such objectionable User 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 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 User 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, User 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 User Content. But you acknowledge that the Company has no liability related to the integrity of User Content or the failure to successfully restore User Content to a usable state. You agree to maintain a complete and accurate copy of any User Content in a location independent of the Services.

8. Provider Responsibilities

If you are a Provider: (1) you agree not to imply or create the impression that we endorse you or your services; (2) you warrant and guarantee that you hold valid professional credentials and licenses for your jurisdiction and will promptly inform us of any changes; (3) you agree that we will not be liable for the actions of any user that contacts you through or as a result of the Services and you will not hold us liable for their actions; and (4) you agree that we reserve the right to publish or remove your User Content.

Further, you agree that we do not guarantee opportunities, sales, or results for Providers. You may receive any number of inquiries from users of the Services, or none. You also agree that we do not control, and do not assume the obligation to screen or monitor any inquiries, calls, or messages that are submitted to you through the Services, nor do we assume the obligation to pre-screen them.

9. Copyright Policy

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 Service infringes a copyright or other intellectual property infringement of any person.

If you are a copyright owner, or authorized 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 the attention of our copyright agent 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 attorneys’ fees) for misrepresenting that any content is infringing your copyright.

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):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
• A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent by sending an email to 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.

10. Intellectual Property

The Services and their original content (excluding User 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.

The Services and any content viewed through the Services are for your personal and non-commercial use only. 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 and subject to the terms and contained in these Terms and the applicable Privacy Notices. 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, 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 to access the Services; 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. 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.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

11. Prohibited Use

You shall not use the Services or any of our Websites to (i) solicit Providers, (ii) reproduce Website content without authorization, (iii) establish independent data files using Website data, (iv) scrape, crawl, or in any way data-mine a Website, (v) otherwise compile Website information for use by any commercial entity, (vi) use any information found on the site to violate local, state, federal, or international laws, (vii) use information from this site to violate CAN-SPAM, the Telephone Consumer Protection Act, or any similar laws, (viii) verify the credentials of Providers, or (ix) upload, distribute or otherwise publish content that is confidential, false, fraudulent, defamatory, threatening, invasive of privacy, infringing intellectual property, illegal, or encourages criminal offense.

You agree to comply with all applicable local, state, federal, national, and international laws, regulations, and codes of conduct in connection with your use of the Services and any Certification issued to you. You are solely responsible for ensuring that your activities on or through the Services or in relation to you Certification are lawful in your jurisdiction, including any obligations related to data protection, marketing communications, licensure, or professional practice. We may terminate or restrict your use of the Services or Certification if we determine that your use of the Services or Certification is in breach of any of these obligations.

12. Your Feedback to Us

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

13. Links to Other Websites

Our Websites may contain links to third-party web sites 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 web sites or services or the content, accuracy, or opinions expressed on such web sites or services. We do not investigate, monitor, or check the accuracy or completeness of such third-party web site or services. You further acknowledge and agree that 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 web sites or services.

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

14. Confidentiality

Please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, we are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Website, or for the consequences of any reliance on such information. You must make your own determination as to these matters.

Please keep in mind that communications via email over the internet are not secure. Although it is unlikely, there is a possibility that information can be intercepted and read by other parties besides the person to whom it is addressed. We are not liable for any interception, loss, or unauthorized access of your data during transmission. Please do not include personal identifying information such as your birth date, or personal medical information in any emails you send to us.

We reserve the right to view, monitor, and record activity on this Website without notice to or permission from you. We may disclose any records, electronic communications, information, materials, or other content of any kind: (a) if we believe in good faith that applicable law, regulation or legal process requires it; (b) if such disclosure is necessary or appropriate to operate this Website; or (c) to protect our rights or property or the rights or property of our users and business partners. However, we are not responsible for screening, policing, editing, or monitoring this Website.

To contact a Provider, you may need to submit your name and contact details, which will be shared with the relevant Provider. The Services may allow you to contact Providers for services via email messaging, phone numbers, and website hyperlinks. f you call a Provider using a number on the Website, standard caller identification may be transmitted to the receiving party and you may therefore be identifiable or identified.

15. Termination

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 and Conditions.

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

16. 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 obtaining or use of any Services, Certification, or Listing, 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 Services, Certification, or Listing, but in no case will our liability to you exceed USD100. You acknowledge that if no amount is paid by you to us for the Services, Listing, or Certification, 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 for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

You agree to indemnify and hold us and our Associated Companies and Partners and each of their respective directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your obtaining, purchase, or use of any Services, Certification, or Listing or any violation of these Terms or of any law or the rights of any third party.

17. “AS IS” and “AS AVAILABLE” Disclaimer

The Services, Listings, and Certifications 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, we, on our own behalf and on behalf of our Associated Companies and Partners and our and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, Listings, and Certifications, 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, we provide no warranty or undertaking, and makes no representation of any kind that any Services, Listing, or Certification 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.

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.

18. No Professional Advice or Endorsements; Disclaimer of Medical Liability

WE DO NOT PROVIDE THERAPY, COUNSELING, OR SIMILAR SERVICES. THE WEBSITE CONTENT IS FOR INFORMATIONAL AND COMMUNICATION PURPOSES ONLY. WE MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES REGARDING THE WEBSITE CONTENT, INCLUDING (WITHOUT LIMITATION) THE ACCURACY OR QUALITY THEREOF. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NOTHING ON THE WEBSITE OR THROUGH THE SERVICES SHOULD BE TAKEN AS PROFESSIONAL HEALTHCARE ADVICE OR CONSTRUED AS MEDICAL PRACTICE OR THE PROVISION OF MEDICAL CARE.

WE DO NOT ENDORSE OR RECOMMEND ANY PROVIDER, INDIVIDUAL, OR ENTITY LISTED ON THE WEBSITE OR ANY CONTENT POSTED BY THEM. YOU MUST CONFIRM ANY WEBSITE CONTENT INDEPENDENTLY. WE HAVE NO LIABILITY TOWARDS YOU IN RESPECT OF THE SERVICES PROVIDED BY PROVIDERS OR ANY CONTENT POSTED BY THEM.

THE WEBSITE CONTENT IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, DIAGNOSIS, PSYCHOTHERAPY, COUNSELING, MENTAL HEALTH SERVICES OR TREATMENT. YOU SHOULD NOT RELY ON ANY INFORMATION FOUND ON THIS WEBSITE TO MAKE HEALTH OR WELL-BEING DECISIONS. YOU SHOULD NEVER DELAY OR DISREGARD SEEKING MEDICAL ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BASED ON INFORMATION OR ADVICE FOUND ON THIS WEBSITE. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DECISIONS YOU MAKE BASED ON WEBSITE CONTENT.

DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IN CASE OF A MEDICAL OR MENTAL HEALTH EMERGENCY OR CRISIS, CALL A HEALTHCARE PROFESSIONAL OR EMERGENCY SERVICES IMMEDIATELY.

ALL INTERACTIONS BETWEEN PROVIDERS AND MEMBERS OF THE PUBLIC ARE SOLELY THE RESPONSIBILITY OF THOSE PARTIES. ANY CLAIMS, INJURIES, ILLNESSES, DAMAGES, LIABILITIES, OR COSTS (“CLAIMS”) ARISING FROM YOUR INTERACTIONS WITH OR VISITS TO A PROVIDER ARE YOUR RESPONSIBILITY, AND YOU AGREE NOT TO HOLD US LIABLE FOR SUCH CLAIMS OR TO SEEK ANY LEGAL REMEDY FROM US OR OUR ASSOCIATED COMPANIES OR PARTNERS IN RELATION TO THEM.

No medical professional/patient relationship is created between us and you when you use the Website or Services.

We cannot guarantee the availability of any provider listed on the Website. You are responsible for choosing your own healthcare provider based on your needs. Our listing of Providers is not exhaustive. Search results are based on the information you provide and may not include all suitable providers or therapists.

We may verify Provider credentials but are not obligated to do so. We reserve the right to exclude any Provider listed on the Website if, in our sole and absolute discretion and opinion, we determine that a Provider’s conduct is inappropriate, unprofessional, unethical, objectionable, or offensive.

Providers may pay us to be listed, and may choose to advertise their services.

We do not employ, refer, recommend, or endorse any Providers. We are not responsible for the accuracy of information provided by or about Providers or the quality of their services. We do not guarantee the authenticity of such information, including Providers’ credentials, licenses, or other qualifications. Nothing on the Website should be interpreted as our endorsement of a Provider.

Certifications issued by us do not represent licensure or legal authorization to practice. It is the responsibility of the applicant or certified individual to ensure that use of any Certification complies with local, state, provincial, or national laws and licensing requirements in their jurisdiction.

The Website Content is for information only and does not imply safety or effectiveness. The Services are not intended for medical diagnosis or advice. We do not recommend or endorse any specific tests, products, procedures, treatments, therapy approaches, opinions, or other information on the Website. We are not liable for any errors or omissions in the Website Content.

Providers’ information may change and may be out of date, incomplete, or inaccurate. We are not liable for outdated or inaccurate information.

19. Governing Law and Jurisdiction

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).

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.

20. Disputes Resolution and Binding Arbitration

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 THIS WEBSITE OR ANY OTHER OF OUR WEBSITES, THE SERVICES, LISTINGS, OR CERTIFICATIONS, OR YOUR PURCHASE, ACCESS, VIEWING, OR USE OF SERVICES THROUGH ANY OF OUR WEBSITES 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 20. (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 20.

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 your purchase. Any such court proceeding will be limited solely to your individual dispute or controversy.

You agree to an 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 20, 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 20; (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 20. 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 Listings, the Certifications, the price of the Services, your use of the Services, 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.

21. United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

22. Assignment

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.

23. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

24. No Agency or Other Relationship

You agree that nothing in these Terms, our standards, policies, or procedures, any document incorporated by reference herein, or our conduct in accordance with any of the aforesaid shall be construed or interpreted to create an agency, employment, fiduciary, joint venture, or partnership relationship between you and us. You agree that you have no authority to act as an agent, employee, fiduciary, joint venturer, partner, or representative of the Company, to conduct business on behalf of the Company, or to assume or create any obligations whatsoever, express or implied, on behalf of the Company. You further agree that you will not hold yourself out to others as an agent, employee, fiduciary, joint venturer, partner, or representative of the Company or as having authority to act on behalf of or to bind the Company in any manner whatsoever.

You agree that you perform services for your own benefit and not for the benefit of the Company and that the Company has no financial interest in your performance of services. The Company shall have no responsibility or liability in connection with services provided by you.

25. Severability and Waiver

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.

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

26. 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.

27. Changes to These Terms or the Services

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.

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.

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.

28. Contact Us

If you have any questions about these Terms, you can reach us using the details on our Contact Uspage.