HomeMy WebLinkAboutContract 63481C�•Y4a0row A1.011
FORT WORTH
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home -rule municipal corporation, and School
of PE ("Vendor"), each individually referred to as a "party" and collectively referred to as the "parties."
AGREEMENT DOCUMENTS:
1. This Vendor Services Agreement;
2. Exhibit A— School of PE Quote;
3. Exhibit B — Corporate Client Terms and Conditions; and
4. Exhibit C— Pass Guarantee Policy Terms and Conditions.
In the event of any conflict between the terms and conditions of the attached Exhibits and the
terms and conditions set forth in the body of this Agreement, the terms and conditions of this
Agreement control.
1. Scone of Services. Vendor will provide City with access to professional engineering
training ("Services"), as set forth in more detail in Exhibit "A"— attached hereto and incorporated herein
for all purposes.
2. Term. The term of this Agreement is for one (1) year, beginning on the date of executed
by the City's Assistant City Manager ("Effective Date"), unless terminated earlier in accordance with this
Agreement ("Initial Term"). Upon expiration of the Initial Term, the Agreement may be renewed under the
same terms and conditions at City's sole discretion for up to four (4) one-year renewal periods
3. Compensation.
3.1 Total annual compensation under this Agreement will not exceed Fifty Thousand
Dollars and Zero Cents (50, 000. 00).
3.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251
of the Texas Government Code) and the provisions of this Agreement, including Exhibit "B"—
Payment Schedule, which is attached hereto and incorporated herein for all purposes.
3.3 Vendor will not perform any additional services or bill for expenses incurred for
City not specified by this Agreement unless City requests and approves in writing the additional
costs for such services. City will not be liable for any additional expenses of Vendor not specified
by this Agreement unless City first approves such expenses in writing.
3.4 Additional products/services of the same general category that could have been
encompassed in the award of this Agreement, and that not on the Agreement, may be added on the
Vendor Services Agreement Page 1 of 11
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
discounted offered and price sheet provide with written quote.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non -Appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obliaations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City -provided data to City in a machine-readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all records held or maintained for City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting
to disclosure to the Texas Attorney General. A determination on whether such reasons are sufficient
will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a
court of competent jurisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
Vendor Services Agreement Page 2 of 11
6. Rieht to Audit. Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Indeuendent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a co -employer or a joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers, agents, servants, employees, or contractors.
8. Liability and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LL4BLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,
INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED
BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS,
AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LO.VT
PROFITS) AND PERSONAL INJURY, INCL UDING, BUT NOT LIMITED TO, DEATH, TO
ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS
OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, REPREENTATIVES,
SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — VENDOR AGREES
TO DEFEND, SETTLE, OR PAY, AT ITS OWN COST AND EXPENSE, ANY CLAIM OR
ACTION AGAINST CIT Y FOR INFRINGEMENT OFANY PATENT, COPYRIGHT, TRADE
Vendor Services Agreement Page 3 of 11
MARK, TRADE SECRET, OR SIMILAR PROPERTY RIGHT ARISING FROM CITY'S USE
OF THE SOFTWARE OR DOCUMENTATION IN ACCORDANCE WITH THIS
AGREEMENT, IT BEING UNDERSTOOD THAT THIS AGREEMENT TO DEFEND,
SETTLE OR PAY WILL NOT APPLYIF CITY MODIFIES OR MISUSES THE SOFTWARE
AND/OR DOCUMENTATION. SO LONGAS VENDOR BEARS THE COST AND EXPENSE
OF PAYMENT FOR CLAIMS OR ACTIONS AGAINST CITY PURSUANT TO THIS
SECTION, VENDOR WILL HAVE THE RIGHT TO CONDUCT THE DEFENSE OF ANY
SUCH CLAIM OR ACTION AND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR
COMPROMNE AND TO SETTLE OR COMPROMISE ANY SUCH CLAIM, HOWEVER,
CITY WILL HAVE THE RIGHT TO FULLY PARTICIPATE IN ANY AND ALL SUCH
SETTLEMENT, NEGOTIATIONS, OR LAWSUIT AS NECESSARY TO PROTECT CITY'S
INTEREST, AND CITY AGREES TO COOPERATE WITH VENDOR IN DOING SO. IN THE
EVENT CITY, FOR WHATEVER REASON, ASSUMES THE RESPONSIBILITY FOR
PAYMENT OF COSTS AND EXPENSES FOR ANY CLAIM OR ACTION BROUGHT
AGAINST CITY FOR INFRINGEMENT ARISING UNDER THIS AGREEMENT, CITY
WILL HAVE THE SOLE RIGHT TO CONDUCT THE DEFENSE OF ANY SUCH CLAIM
OR ACTIONAND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE AND
TO SETTLE OR COMPROMISE ANY SUCH CLAIM, HOWEVER, VENDOR WILL FULLY
PARTICIPATE AND COOPERATE WITH CITY IN DEFENSE OF SUCH CLAIM OR
ACTION. CITYAGREES TO GIVE VENDOR TIMELY WRIT TENNOTICE OFANY SUCH
CLAIM OR ACTION, WITH COPIES OF ALL PAPERS CITY MAY RECEIVE RELATING
THERETO. NOTWITHSTANDING THE FOREGOING, CITY'S ASSUMPTION OF
PAYMENT OF COSTS OR EXPENSES WILL NOT ELBITVATE VENDOR'S DUTY TO
INDEMNIFY CITY UNDER THIS AGREEMENT. IF THE SOFTWARE AND/OR
DOCUMENTATION OR ANY PART THEREOFIS HELD TO INFRINGE AND THE USE
THEREOFIS ENJOINED OR RESTRAINED OR, IFASA RESULT OFA SETTLEMENT
OR COMPROMISE, SUCH USE IS MA TERIALL Y AD VERSEL Y RESTRICTED, VENDOR
WILL, AT ITS 0WNEXPENSE AND AS CITY'S SOLE REMEDY, EITHER: (A) PROCURE
FOR CITY THE RIGHT TO CONTINUE TO USE THE SOFTWARE AND/OR
DOCUMENTATION; OR (B) MODIFY THE SOFTWAREAND/OR DOCUMENTATION TO
MAKE IT NON -INFRINGING, PROVIDED THAT SUCH MODIFICATION DOES NOT
MATERIALLYADVERSELYAFFECT CITY'SAUTHORIZED USE OF THE SOFTWARE
AND/OR DOCUMENTATION, OR (C) REPLACE THE SOFTWARE AND
DOCUMENTATION WITH EQUALLYSUITABLE, COMPATIBLE, AND FUNCTIONALLY
EQUIVALENT NON -INFRINGING SOFTWARE AND DOCUMENTATION AT NO
ADDITIONAL CHARGE TO CITY, OR (D) IF NONE OF THE FOREGOING
ALTERNATIVES IS REASONABLY AVAILABLE TO VENDOR TERMINATE THIS
AGREEMENT, AND REFUND ALL AMOUNTS PAID TO VENDOR BY CITY,
SUBSEQUENT TO WHICH TERMINATION CITY MA Y SEEKANYAND ALL REMEDIES'
AVAILABLE TO CITY UNDER LAW.
9. Assignment and Subcontracting.
9.1 AssiQnment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor and Assignee will be jointly liable for all obligations of Vendor under this Agreement prior
to the effective date of the assignment.
Vendor Services Agreement Page 4 of 11
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor w ill execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies ofthe following types and minimum coverage limits that areto be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors &Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
Vendor Services Agreement Page 5 of 11
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
Risk Manager, City of Fort Worth, 100 Fort Worth Trail, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives or (2) received by the other party by United States Mail, registered,
return receipt requested, addressed as follows:
Vendor Services Agreement Page 6 of 11
' To CITY:
City of Fort Worth
Attn: Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102
With copy to the Fort Worth City Attorney's Office
at the same address
To VENDOR:
School of PE
Chris Miller, CEO
425 Metro Place North, Suite 450
Dublin, OH 43017
14. Solicitation of Emvlovees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force N bieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance the notice section of this Agreement.
Vendor Services Agreement Page 7 of 11
20. Headings Not Controlling. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement, including the attached exhibits.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Entirety of Agreement. This Agreement, including the attached exhibits, contains the
entire understanding and agreement between City and Vendor, their assigns and successors in interest, as
to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with any provision of this Agreement.
24. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
25. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
26. Immigration and Nationalitv Act. Vendor must verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all 1-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written noticeto Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
27. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made -
for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any partthereof, is not considered a "work -made -for -hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
Vendor Services Agreement Page 8 of 11
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
28. Signature Authoritv. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
29. Change in Comvanv Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation may adversely impact invoice payments.
30. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. The terms "boycott
Israel" and "company" have the meanings ascribed to those terms in Chapter2271 ofthe Texas Government
Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written
verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the Agreement.
31. Prohibition onBovcottinuEnergvComnanies.IfVendorhasfewerthan10employees
or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in
accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a
contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from
public funds of the City with a company with 10 or more full-time employees unless the contract contains
a written verification from the Vendor that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of this Agreement. To the extent that Chapter 2276 of the
Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that
Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of this Agreement.
32. Prohibition on Discrimination Against Firearm and Ammunition Industries. If
Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not
apply. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government
Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000
or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more
full-time employees unless the contract contains a written verification from the Vendor that it: (1) does not
have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of this Agreement against a firearm entity or
firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable to
this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written
verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that
Vendor Services Agreement Page 9 of 11
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
against a firearm entity or firearm trade association during the term of this Agreement.
33. Flectronic Sienatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
(signature page follows)
(re►nainder of this page intentionally left blank)
Vendor Services Agreement Page 10 of 11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
By:
nA4111i gur4AdeAff
Dana Burghdoff(Jun`i8, 2025�1 :26 CDT)
Name:
Jesica L. McEachern
Title:
Assistant City Manager
Date:
06/18/2025
School of RE:
By: C'v� wk&2
Name: Chris Miller
Title: CEO
Date: 06/13/2025
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
chef fiava(el-
By: Chris Harder (Jun 16, 2025 08:55 CDT)
Name: [Christopher Harder, P.E.
Title: Water Department Director
Attest:
By:
Name: Jannette S. Goodall
Title: City Secretary
Contract Authorization:
M&C: N/A
Form 1295:Not Required
aooaRU
°0 G~o o-1d
PV8 I
.81
daQ� oEZAsbp
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
By: Vk
Name: Y�landa Martiri
Title: A ministrative Services Manager
Approved as to Form and Legality:
By.
Name: JessikaJ. Williams
Title: Assistant City Attorney II
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Vendor Services Agreement Page 11 of 11
EXHIBIT A
425 Metro Place North, Ste. 450
Dublin, -7 43017
School of PE
614-873475
www.schoolofpe.com
City of Fort Worth Water Department
100 Fort Worth Trail
Fort Worth, TX 76102
Dear Yolanda Martin,
June 121h, 2025
Thank you for your interest in a corporate partnership with School of PE, A division of EduMind. We
believe we can help partners increase learning, skills, and pass exams. School of PE is #1 rated
incomprehensive exam review courses and has obtained 950,000 hours of successful student
participation since 2004. Below are some of our most popular features:
Our New Study Hub
Reimagined design with all our
students in mind to amplify their
studies and help them approach
exam day with confidence.
Study anytime, anywhere, on
any device with our mobile app
Personalized Study Plan
Students easily create a personal
plan by ranking their subject
knowledge, entering available
date and times and amount of
time to spend on studying. Study
plan will adapt to students'
availability and knowledge
strengths and weaknesses.
Per your request, the following quote includes the following Training:
Practice Portal Pro
Students develop their test
taking skills by becoming
familiar with question formats,
testing their knowledge, and
working on their timing. Allows
for quizzes to test subject areas
and assessment or for full length
exam testing
FE, PE OnDemand or Live Online access package — 6-months access including all the best features
such as flash cards, Practice Portal Pro, Study Hub, Questions to the Instructor, pop up questions,
refresher notes, workshop problems, personalized study plan, question bank and more. Employees may
choose a pre -scheduled live online course in place of the 6-month OnDemand course.
Avg. Retail Price # of Access City of Fort Worth Total Package
of FE-PE 6 Month Codes Pricing per Course Price
OnDemand Prep
Course
FE, PE, OnDemand or $1,540 9 $1175 $10,575
Live Online Access
Package
425 Metro Place North, Ste. 450
4�> School of PE"" Dublin, OH 43017
614-873-7475
www.schoolofpe.com
* All pricing provided on this proposal is subject to sales/use tax where applicable unless you
timely provide a valid sales tax exemption certificate. Tax is not included in the above pricing.
The above Training is being provided to you on the following terms:
1. Term of Agreement: Start Date: July V, 2025; End Date: June 30'h, 2026
2. Payment Terms: Net 30 days
3. Access Code Period: 180 days.
4. Proposal terms are valid 30 days from the date of this proposal.
5. Credit card Davments will incur a 4% fee.
6. All add-ons or additional goods or services not included in this proposal shall be at then regular
pricing.
7. Proposal is only good for the entity indicated above.
8. Students are allowed a maximum of 1 pause of their course. This pause can not extend beyond
30 days. If a course is paused, it will automatically reactivate 30 days from the day the pause is
started.
9. Students are eligible for one free repeat of the course if the employee meets all criteria of the
Provider's free repeat policy in effect at the time the Student first accessed the course. The
current policy may be found here: Free Repeat Course for Elieible Students I School of PE
10. Course licenses can be re -used in the event of serious illness to the Student or the Student is
terminated or leaves the company after within 30 days after the Student logs into his or her
account and the Provider is notified within 10 days after the Student becomes serious ill or
employment ends.
11. For pre -scheduled live online courses, course materials and recordings are available until the last
day of the next month following the end of the course, i.e. Live online course ends on June 10.
Course materials and recordings are available until July 31.
12. Access codes will self -activate 30 days after the access code is assigned to the employee, unless
the employee activates the access code prior to the 30 day date.
13. The supplemental terms and conditions can be found at Corporate Client Terms and Conditions I
School of PE , which are made part of and incorporated into this proposal.
14.
If there are unused Access Codes at the end of your term, they can be negotiated as part of a volume
discount on your next contract.
If you have any questions, please feel free to reach out to me at martin.lopez@schoolofpe.com or by
phone at 614-389-9391. If you wish to accept this proposal, please sign below to indicate your
acceptance of the proposal and referenced terms to get your access started. Thank you very much!
Sincerely,
Martin Lopez
Senior Business Development Representative E IIu�M�rind and School of PE, adivision of EduMind
Signed Acceptance of Proposal and Terms �.lG 461� A0-::D
Printed Name CIO WC�a Mw h�
Date of Acceptance 1 1 Xa r?U�`J
Company Legal Name: Ck-.4 I,h4tvl- WIL-�- �
tU
Signature: �, CA A M44�—
Email: yolanda.martin@fortworthtexas.gov
EXHIBIT B
Price Rewind: 2019 Prices for a Limited Time + Save Up to $300 in Early Registration Discounts!
*Restrictions apply.
<iikj School of PE'" Q I'
vmmw
Home / Corporate Client Terms and Conditions
Corporate Client Terms and Conditions
These Terms and Conditions are incorporated into and made part of a certain proposal
provided to the Customer (the "Proposal") (collectively the "Terms") by EduMind, LLC, a
Delaware Limited Liability Company, dba School of PE, whose office is located at 425
Metro Place N, Suite 450, Dublin, OH 43017 ("Provider") to the entity indicated after the
"Company Legal Name" as indicated on the last page of the Proposal ("Customer").
The Provider will provide certain select Educational Course(s) and related products and
services as detailed on the attached proposal to be used by individuals studying for exam
preparation or training purposes only ("Training"). The Training shall be accessed and
provided pursuant to the following terms and conditions:
1. Definitions
1. Access Codes:
Unique codes provided to, or made available to the Customer, by the Provider that can be
used by a Student to obtain a Seat License for the Training.
2. Class Dates
The days on which any Live Online Class or On -Site Class is to be provided to the
Customer by the Provider as set forth on the attached proposal. All live training will be
Vvt^iI,,(oukii::,lhaI,lwIli (<:,s;vyiu 1111Sw('li:,ii",III 1,[ter experieIce. l3vproceedinj„vou
;u.knowlei It;e I hail you accept I he,,e cookies. To learn woi e, visit o a Privacy Policy
We're Offline
-�( (,ept f; Col tiniIv Please leave us a Message
Provider -branded or other materials provided by the Provider to a Student in an
electronic or physical format.
4. Educational Course:
The subject(s) to be covered by any classes provided under these Terms and as set forth
on the attached proposal.
5. Live Online Class:
Classes provided in a live online format and covering the subject matter for the
Educational Course that includes synchronous lecture(s) where instructors provided by
the Provider present a lecture(s) or otherwise teach and review the Educational Course or
portions thereof with Students.
6.On Site Class:
Classes provided in an asynchronous and non customized recorded format covering the
subject matter for the Educational Course that includes recorded lecture(s) where
instructors provided by the Provider present a lecture(s) or otherwise teach and review
the relevant subject matter or portions thereof.
7.On Demand Class:
Classes provided in a previously standard and non customized recorded format covering
the subject matter for the Educational Course that includes recorded lecture(s) where
instructors provided by the Provider present a lecture(s) or otherwise teach and review
the relevant subject matter or portions thereof.
8. Seat License:
A license that permits a Student to attend an On -Site Class, Live Online Class and/or
obtain a certain number of days, identified as the Access Code Period on the Proposal, of
Meuse(,m1, 1.11,1laieI uyi(_)(11wI,,lrtlw.wia,_.ik,,midin iiieiyouaht,terexperience.Byproceeding,you
u1<11nwledge I hai yrni ;u:cPpi I he,.e f nnkies. I Icorn inrn e, visit ni i Privacy Policy
We're Offline
Please leave us a Message
9. Student:
Any unique person who uses an Access Code provided to or made available to the
Customer to access the Training or who attends any portion of an On Demand Class, Live
Online Class, or On -Site Class.
2. Student Minimum Requirements and Materials
Each Student shall be responsible for providing the equipment and other incidentals
necessary to access and utilize the Training. Provider will provide each Student with the
necessary Course Materials and Students shall be required to read, agree to, and comply
with all license Agreements governing access to any of the Course Materials prior to
accessing the Course Materials. In the event the Provider must provide any physical
Course Materials, the Customer shall provider with an address where the Course
Materials shall be sent and the number of Students, where applicable, at least seven days
in advance of when the Course Materials are needed. All Course Materials are to be
considered provided when sent to the address provided by the Customer or to any
Student.
3. Access Codes
The Provider shall provide to the Customer the number of unique codes indicated on the
Proposal that can be used by a Student to for the Training indicated on the Proposal and in
the case of an On Demand Class for a certain number of continuous days, as set forth on
the Proposal as the Access Code Period. During the Term Period, the Customer shall be
entitled to distribute a single Access Code to any of its employees to register for the
Training and alternatively, the Customer may permit the Provider to use an Access Code
to register any of its students for the Training. Once a Student is registered for a course,
either by the Student, Customer or Provider, the Access Code Period will begin the earlier
of the Student first accessing the Training or 30 days after the Student is registered,
whichever occurs first. Once registered, an Access Code may not be assigned to another
_Ici c:n�ir'll((.I�v )iIII w..v(,II
Privacy Policy
We're Offline
Please leave us a Message
In no case shall the Customer or any employees be permitted to directly or indirectly
resell, distribute or otherwise make available to any other person or entity who is not an
employee of the Customer. The Customer shall maintain and safeguard the provided
Access Codes and shall immediately report to the Provider if it reasonably believes any of
the Access Codes are distributed to or are otherwise made available to any person or
entity who does not have the right, under these Terms, to use or distribute the Access
Codes. The Provider, in its sole discretion, may provide replacements for unused Access
Codes, with or without a fee, in the event the Access Codes are lost, stolen or otherwise
made available in violation of these Terms. All Access Codes will expire on the End Date
provided in the proposal, however any Access Code Period that extends beyond the End
Date provided in the proposal shall permit the Student access to the Course Materials
until the expiration of the Access Code Period.
4. Students
The Customer and its Students must agree to abide by all codes of conduct and license
agreements covering the Course Materials and Training. The Provider reserves the right
to terminate access to any person at any time and for any reason if they violate the license
terms provided with the Course Materials or if they fail to meet the definition of a
Student. Students who require access to the Course Materials for a period to exceed the
Access Code Period shall be required to use another valid Access Code to renew or
continue access to the Course Materials. No Students or other person accessing the
Course Materials using an Access Code shall be entitled to a pass guarantee or other
specials or discounts offered by the Provider, unless indicated in the Proposal.
5. Term Period
All Training, Access Codes, goods and services, pricing, and terms provided in the Proposal
shall be available to the Customer on the Start Date indicated on the Proposal and shall
terminate on the End Date provided in the Proposal, unless otherwise provided in the
Vi I.I:.I Lu:LIt.',Likk.1iIIuiC:,:,,ityI,,tiii11.11.i.tiII- IV! IC,iV, 11Rii1,-Il..l,'�.111.1i-(LLtICXI)ellelICV. I-IVI)IULt-,Vtl111g.Vou
,t kIwivv lgc i iti-tl y0u af-( CI)t I IC -A ' t eu>kil-r,. fry It°.II II l unl r:, vi-JI uu1 Privacy Polley
We're Offline
Please leave us a Message
In the event On Site Classes are included in the Proposal, Exhibit A will be attached to
these incorporated into these Terms.
7. Payment Terms, Termination for Nonpayment, Deposit, and
Cancellation
1. Payment Terms and Conditions - Customer agrees to pay the Provider the Total
Minimum Fee ("Minimum Fee") for the goods and services detailed on the Proposal, and
any future Add -On purchases provided for in the Proposal per the Payment Terms
provided for in the Proposal. Provider will invoice the Minimum Fee within 30 days after
the acceptance of the Proposal and these Terms and Conditions and then within 30 days
upon the issuance of additional Access Codes or providing additional goods or services.
Any past due amounts due and owing to the Provider will be charged an 8% annual
interest rate and the Customer shall be responsible for all collection costs, including
attorney fees, for any collections efforts for amounts remaining due and payable to the
Provider after 90 days of the initial bill.
2. Termination for Nonpayment - In the event any invoice remains unpaid after 90 days,
the Provider may terminate pricing provided for in the proposal and immediately
terminate access to the Course Materials for all Students accessing the Course Materials
in conjunction with Access Codes provided under these Terms. In the event of
termination, no extensions of any kind will be granted and the Term Period or any
continuous access periods shall not be tolled.
8. No Refunds
The Provider shall not be required to replace any Access Codes, refund any portion of the
Minimum Fee or for additional purchases made under the proposal any for any reason,
including but not limited to the payment for any Student(s) who cancels or otherwise does
not attend all or any part of the Training, for any non -student who accesses the Training
using an Access Code, for any Student who is removed from the Training as a result of
tt, ,[Ii.U,0, It'( t . 1.0 yu: ii,i 'I, .n" , : CXi)ulle ce.VyolUcecuiIIg.YUU
1( kitovvledt;e that you accent these, coy>kie.. -Ie, It,i it more, vi:,iI „ui Privacy Policy
We're Offline
Please leave us a Message
unused Access Codes, for any access in violation of these Terms, or for any unutilized
goods or services to be provided by the Provider during the provided term period set
forth in paragraph 5 of these Terms.
9. Removal of Students
The Provider reserves the right to remove any person from the Training or refuse to admit
any person to the Training, if such person is engaged in any activities that causes a
disruption to the class and fails to remedy such disruptions if requested by the Provider or
its representatives, if the person is recording the Training through visual and/ or audio
means, is abusive to the instructor or any other person, or otherwise frustrates the
Provider's ability to conduct the Training or violates the License Agreement provided to
each Student by the Provider. The Customer shall not be entitled to a refund or replaced
Access Codes or other materials for any removed Student.
10. Access to Training Courses; Ownership; and Prohibited
Conduct
1. If required for any Training, Provider shall provide the applicable participants with an
evaluation version of its proprietary software to use during a live public or private
classroom training for instructional purposes only (the "Training Software") and such right
to use the Training Software shall automatically terminate upon conclusion of the
applicable Training. Access to any Training does not entitle any Customer or Student to
any other license whatsoever to any of the Provider's Software.
2. Subject to the Customer's compliance with these Terms and the full payment of all
monies due under these Terms, the Provider grants to Customer a personal, limited, non -
assignable, non-exclusive, and non -transferable right, without the right to sublicense, and
to use the Course Materials solely for Customer and the Student's personal training and
education.
y,m .i lwtter experience. By proceeding, you
Privacy Policy
We're Offline
Please leave us a Message
in accordance with the limited right granted herein the Course Materials, Training, or
other goods and services provided with or in conjunction with the Training.
4. Customer or its Students shall not remove or alter any copyright or other proprietary
rights notice of the Provider and/or its licensors in or on the Course Materials. All
Training, Course Materials and the intellectual property rights associated therewith are
and will remain at all times the sole and exclusive property of the Provider and its affiliates
and licensors, and Customer or Students have no right, title or interest in or to the
Training, Course Materials and/or the intellectual property associated therewith.
11. Confidentiality
Customer acknowledges and agrees that the proposal and the intellectual property
associated with the Training, the Course Materials, and any other nonpublic information
of a technical or commercial nature concerning the Training and the Course Materials
disclosed to Customer or Students in connection with the Training constitute the
Provider's proprietary information and trade secrets, and Customer agrees to hold such
information in strict confidence, and not disclose or otherwise share the Training or
Course Materials or any other confidential information with any third party except as
expressly permitted herein.
Disclaimer and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TRAINING SERVICES, THE
COURSE MATERIALS AND THE TRAINING COURSES ARE PROVIDED "AS IS" AND
SOLELY FOR EDUCATIONAL PURPOSES.
12. Governing Law and Venue
These Terms shall be governed by the laws of the State of Ohio. Any suit, action or
proceeding arising out of or relating to these Terms or the goods and/or services provided
(including, without limitation, any non -contractual dispute or claim) will be brought before
\Ne t ise ( ouI,i� -, that are necessary I ) i,iita ,iL(, II w, n icI i o (111e-r you i k4ter experience. By pi oceedinF;, you
;x kIvl�, ledge 1 hai you ,iccepl These cookies. A learn inor(-_�, vis.iI inn Privacy Policy we're Offline
Please leave us a Message
hereby expressly and irrevocably submit to the jurisdiction of such courts for the purpose
of any such suit, action, or proceeding.
13. Notices
All notices or other communications to the parties shall be delivered the Provider using
the addresses contained above and to the Customer at the address contained in the
proposal, unless written notice is given to provide the other party with a new address for
the mailing of notices.
14. Conflict of Terms
In the event of any conflict between the Proposal and these terms and conditions, the
terms and conditions shall control.
15. Entire Agreement
These Terms constitute the entire agreement between the parties with respect to the
Training, and supersedes all prior or contemporaneous agreements and representations,
whether verbal or written, pertaining to the Training. These Terms shall also supersede
any Customer purchase order or order form.
Email
Subscribe
Keep up to date with the latest School of PE news and current offers.
Our Company
We use cookies that are ner.essary I o operate tl tis welisite at it I i o (l lei you i I)ctter experience. By proceeding, you
;u knowledge dint you as ept th(`2-,e cookie:,. To lei it n more,, vi•,iI min Privacy Policy ,
We re Offline
Please leave us a Message
Partnerships Resources
kuconIm Affilhie
(.oinpanies Served
Corporate
Universities
Work with Us
Promotions
0000000
\A/f II.jr i i 1, 0 -"';l I Y I o opt- I It(, L I fl', WO ),it e It iid It) (if k,r you i better experience. By proceeding, vou
it,,, 1- kit it n-w, wi-J I (mi Privacy Policy We're Offl in e
Please leave us a Message
EXHIBIT C
Price Rewind: 2019 Prices for a Limited Time + Save Up to $300 in Early Registration Discounts!
*Restrictions apply.
Home / Student Enrollment Agreement Policy
School of PE Policies
Student Enrollment Agreement - General Terms
The following agreement and policies, including any addendums ("the "Agreement"),
supplement the terms and conditions for the use of EduMind, Inc. and its School of PE
Division's ("EduMind") website and apply only to the Product or Course identified below.
If You utilize more than one of our products or services or take additional courses, You
may be subject to additional terms and conditions for those products, services, or courses.
By purchasing the Course and each time you access the Course, as defined below, along
with any related items, You are affirming the terms of this Agreement, including any
addendums and the terms and conditions for EduMind's websites.
1. Definitions: The following terms shall have the following meanings when capitalized:
a. "Bundle": The single purchase of a combination of Live Online and On Demand versions
of your Course, either with or without Tangible Items or the simultaneous purchase of a
Live Online or OnDemand version of the Course along with any Tangible Item.
b. "Course": The EduMind classes provided to You by EduMind in a Live Onsite, Ondemand,
or Live Online format, as determined by You at the time you signed -up for the classes,
unless later modified by You and EduMind.
C. "Course End Date": The End Date provided in the Study Hub provided by EduMind or the
last day of classes for any Course you are attending in a Live or Live Online format, plus
ten (10) weeks after such date if your Course is taken in the Live Online format.
d. "Course Materials": All materials, including but not limited to publications in books,
Privacy Policy
We're Offline
Please leave us a Message
Price Rewind: 2019 Prices for a Limited Time + Save Up to $300 in Early Registration Discounts!
*Restrictions apply.
States for which the Course is intended.
f. "Live Online": A modality in which your Course is delivered to you in a real time format
via the internet at a set time and which you may participate with the instructor and/or
other students.
g. "Live Onsite": A modality in which your Course is delivered to you by EduMind in a real
time in person format at a location determined by EduMind at set date(s) and times in
which you may participate with the instructor and/or other students.
h. "Monthly Subscription": Any subscription without a defined end date and automatically
renews every thirty days from date of registration.
i. "Non -Monthly Subscription": Any subscription with a defined end date that does not
auto renew at the end of its term.
j. "OnDemand": A modality in which your Course is delivered to you by EduMind in a
recorded format and which may or may not permit You to participate with an instructor
through non -real time communication.
k. "Practice Portal Pro": A practice portal that features a bank of practice questions that
are modeled to be like questions you may encounter on the Exam for the Course or for a
chosen discipline if no Course is purchased.
I. "Risk Free Refund": Certain Courses provided in a Live Online, Live Onsite, or
OnDemand are eligible for full refund if You have taken the Exam prior to purchasing
your Course, you are waiting on your exam results and find out during the course that
You have passed your Exam. At this time, You can withdraw from the course and receive a
full refund by emailing EduMind your NCEES letter showing that You have passed the
Evnm Tha latter chni ilrl ha amnilarl to raoictrnfinn(�lcrhnnlnfna rnm wifhin hAin Anraalrc
tter expel lence. 13y proceudil Ig. You
Privacy Policy We're Offline
Please leave us a Message
Price Rewind: 2019 Prices for a Limited Time + Save Up to $300 in Early Registration Discounts!
*Restrictions apply.
purchase from EduMind, either separately or as part of a Bundle.
o. "You": The person who is enrolled in the Course.
2. Certifications: You certify that all the information You have provided to EduMind about your
identity is correct and accurate. You also attest that You are utilizing the services of EduMind
for your own personal use and for the sole purpose of preparing yourself for the Exam, if any,
or otherwise using the material to further your own professional development in the subject
matter of the Course. You agree that You have no personal interest in any materials provided
by EduMind and that You are being granted a non-exclusive, non-transferrable license by
EduMind for the sole purpose of using the Course Materials associated with the Course in
your own studies, professional development, or exam preparations. Furthermore, You agree
You will not copy, cause or allow to be copied or reproduced in any way, form, or manner,
electronic or otherwise, any of the Course materials or other materials provided by EduMind
in conjunction with the Course. You will keep the Course Materials confidential, and will not
sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the materials or
their contents to any other person or entity. In consideration of the above, the Course
Materials and other materials are being provided to You so that such Course Materials may
assist You in preparing for the Exam and/or further study in the subject for which they are
intended, subject to the terms and conditions set forth herein. Further, You agree to hold
EduMind harmless from any academic, administrative, criminal, or civil proceedings brought
about by your use of the Course Materials or other materials.
3. Attendance Tracking and Login: You understand and agree the EduMind may track your
participation, attendance, progress, login attempts, I address(es), and other data needed to
confirm your eligibility for any available repeat programs, personal learning features,
compliance with this Agreement, or diagnostic testing. Your login credentials assigned to you
(login and password) shall only be used by you and you may not share your login credentials
or allow anyone else access to any Courses while logged in under your login credentials.
EduMind reserves the right to allow you to log into a course from only one device at a time.
4.Ownership Rights: EduMind is licensing you all Course Materials for vour own personal use.
Vve use c.uukies Lhat ace nci ( , u y to ul)eI ale this le and i u „i I c'i yuu d lw[Ler exuerience. 8V J)I UL ULliI W. Vou
x.kmWedge IImt you accept i inJ,e c.00lcies. To learn more, visit tmi Privacy Policy
We're Offline
Please leave us a Message
Price Rewind: 2019 Prices for a Limited Time + Save Up to $300 in Early Registration Discounts!
*Restrictions apply.
IL. VV�"I lUI VI "y VLI 1l I II1�u11-
5. Governing Law: This Agreement shall be construed and enforced in accordance with, and all
questions concerning the construction, validity, interpretation and performance of this
Agreement shall be governed by, the internal laws of the State of Ohio, without giving effect
to provisions thereof regarding conflict of laws and any legal action shall be brought in
Franklin County, Ohio or the appropriate federal court for the Southern District of Ohio.
6. No Warranty: EDUMIND IS PROVIDING YOU ACCESS TO THE COURSE FOR
PROFESSIONAL CAREER DEVELOPMENT OR EXAM PREPARATION ONLY, AS IT IS
DEVELOPED TO ASSIST PROFESSIONALS IN LICENSURE OBTAINMENT OR RENEWAL
PER STATE REQUIREMENTS. YOU ARE RESPONSIBLE FOR VERIFYING YOUR STATE
REQUIREMENTS BEFORE ACCESSING THE COURSE. EDUMIND MAKES NO
WARRANTIES OR CLAIMS REGARDING THE ACCURACY OF INFORMATION OR
MATERIALS IT PROVIDES, NOR ARE ANY RESULTS OR OUTCOMES GUARANTEED.
EDUMIND MAY PROVIDE YOU WITH CERTAIN TOOLS, FEATURES, SERVICES OR
WEBSITE FUNCTIONALITY TO ASSIST WITH YOUR PREPARATION FOR THE EXAM, AND
EDUMIND WILL MAKE ALL REASONABLE EFFORTS TO PROVIDE SUCH ITEMS IN A
MANNER THAT WILL ASSIST YOU IN YOUR STUDIES, BUT YOU SHOULD MAKE ALL
DETERMINATIONS ABOUT WHETHER OR NOT SUCH TOOLS, FEATURES, SERVICES OR
WEBSITE FUNCTIONALITIES ARE SUFFICIENTTO ASSIST YOU AND EDUMIND MAKES
NO WARRANTY AS TO THE USEFULNESS OR ACCURACY BY ANY SUCH FEATURES.
EDUMIND SHALL PREPARE YOU TO THE BEST OF ITS ABILITIES, BUT NO WARRANTIES,
EITHER EXPRESS OR IMPLIED ARE GIVEN BY EDUMIND.
7. Hold Harmless: In consideration of your attendance of any class or part thereof or
participation in the Course, You hereby waive all claims or causes of action against EduMind
and the officers, directors, employees and agents of either of them, arising out of your
participation in the classes and hereby release, hold harmless, and discharge EduMind and
the officers, directors, employees and agents of either of them from all liability in connection
therewith from any and all known and unknown, certain or contingent, past, present or future
obligations, liabilities, demands, claims, costs, expenses, debts, controversies, damages,
actions, and causes of action of every nature, character, or description which You may have
1 1 1_ _ 1"' 1 A A• 1 r _____ ___ 1 I I l l l l^ • 1 �.
VV(-' II& CUOkIL , tl iai al C I y io I,)pt l ai(- I hi.> owb,ii.t-• ,u d to niter youi .i ()t ttei exmi ici ice. by oroceedh ig, you
acknowledge that you accept these cookies. lb learn more, visit o n Privacy Policy
Were Offline
Please leave us a Message
Price Rewind: 2019 Prices for a Limited Time + Save Up to $300 in Early Registration Discounts!
*Restrictions apply.
�JI V111,11..1J, JL.I Vll. \,.J VI VIIIl.1 %JI I%,I IIIbJ. ✓r ULL. 11 .d II Ib LI IV 4IuJJ I WM (JbI 1. L11UL L"A I•III I%A IIIUY
record any audio or visual components of the class and as a result, your name, image, voice,
likeness, comments, questions or other participation in the class may be recorded and used
by EduMind without payment, further consent or other compensation now or in the future.
9. Class Availability: EduMind reserves the right to cancel any particular Course or individual
class(es) session due to insufficient enrollments, technical issues or other reasons as
determined by EduMind. Courses are not guaranteed to be offered every time they are
offered or an examination is given. If EduMind cancels a Course, registered students for the
Course offering will be notified about the cancellation at least ten (10) days prior to the start
of Course. In such cases, You will be refunded in accordance with the refund policies set forth
in these Policies. EduMind further reserves the right to cancel class(es) due to unforeseen
events. If EduMind cancels any class(es) due to unforeseen events, class(es) will be
rescheduled at a date and time of EduMind's choosing and EduMind will notify you of the
date and time for any rescheduled class(es). EduMind reserves the right to close or restrict
the access to certain materials from time to time for technical or other unforeseen issues and
will seek to remedy any such issues and restore access as soon as practical.
10. Student Conduct: EduMind reserves the right to remove You from or prevent further access
to a class(es) or Course or certain features thereof, if in EduMind or the instructor's sole
discretion, You adversely affect the quality of any class. You agree that You will not
electronically record the Course lectures in any way. You will not hold EduMind liable for
failure to pass the Exam. No refunds will be given, in full or in part, if You are removed from
any class or Course for violations of this paragraph. Further, You agree to hold EduMind
harmless from any academic, administrative, criminal, or civil proceedings brought about by
your own negligent or intentional furnishing of misrepresentative information.
11. Course Access and Payment Processing: Access to Your Course and Course Materials,
shipping of Tangible Items and processing of your payments depend on the products and
services purchased and the access and payment processing terms are as follows:
a. Live Online courses - Non Bundle
- e �.-. .--. .. .. _ .
'Pli ns,e ( LA) C', d 1.1l .0 r' nu( y i o, u1x:l lLt f Ill, f,V( ):.il , <u if I i r), ,i I, v y)u a i)L tier experience. By oroceeding, you
u knubvleil� e f lint: ynu nu�clrt f hcs�: �.oulcicr.. R� Ian n nun ��, vi�.il )� n Privacy Policy
We're Offline
Please leave us a Message
Price Rewind: 2019 Prices for a Limited Time + Save Up to $300 in Early Registration Discounts!
*Restrictions apply.
b. Live Onsite courses - Non Bundle
i. Course Access: After your payment has been successfully processed, You will obtain
access to the Course Materials prior to or at the beginning of the Course's first
scheduled live session, as determined by the instructor. If your Course includes
access to Practice Portal Pro, You will be granted access to Practice Portal Pro as
soon as practical, after your payment is successfully processed.
ii. Payment Processing: If Your payment information is provided to EduMind more than
three weeks prior to Your Course's first scheduled live session, payments will be
processed anytime on or after the twenty- first (21st) before Your Course's first
scheduled live session. If your payment information is provided later than twenty-
one days before to Your Course's first scheduled live session, your payment will be
processed immediately.
c. OnDemand courses - Non -Bundle
i. Course Access: After your payment has been successfully processed, as soon as
practical after successful processing, You will obtain access to the Course, Course
Materials, and if your Course includes access to Practice Portal Pro, You will be
granted access to Practice Portal Pro.
ii. Payment Processing: Payments are processed immediately.
d. Monthly Subscription courses
i. Course Access: After your payment has been successfully processed, as soon as
practical after successful processing, You will obtain access to the Course, Course
We ilse cookies II wi , it r, ii(,,( i. it y I o nperate this wehsite and io � iter exuerience. By proceeding, you
acknowledge that yoti acc ept these cookies. To learn more, visit ni n Privacy Policy
We're Offline
Please leave us a Message
Price Rewind: 2019 Prices for a Limited Time + Save Up to $300 in Early Registration Discounts!
*Restrictions apply.
fee. All recurring payments remain in effect until withdrawn by you or your access is
immediately terminated by EduMind.
e. Non -Monthly Subscription courses
i. Course Access: After your payment has been successfully processed, as soon as
practical after successful processing, You will obtain access to the Course, Course
Materials, and if your Course includes access to Practice Portal Pro, You will be
granted access to Practice Portal Pro.
ii. Payment Processing: Payments are processed immediately and only one-time,
unless renewed by You.
f. Tangible Items
i. Course Access: Course access is determined by the type of course purchased, if any.
All Tangible Items, except preordered items or out of stock items, are shipped within
5 business days.
ii. Payment Processing: Payments are processed immediately.
g. All Bundle Purchases
i. Course Access: Course access is determined by the modality of the Course
purchased, if any. Access to the Course and Course materials, will be the same if the
course was purchased separately. All Tangible Items, except preordered items or out
of stock items, are shipped within 5 business days
ii. Pavment Processing: Full Davments for all Bundles are processed immediatelv.
We secoolth.-.iit'k :I, ioa 1. t.:..ii/;O,!p, raftiii; l: u)"pu I It,'tl(.(1. h y I) I U t.ocd I I I)'.Vw
A( knowledge that you accept these (ookies. To Darn tnow, vi!,il oui Privacy Policy We're Offline
Please leave us a Message
Price Rewind: 2019 Prices for a Limited Time + Save Up to $300 in Early Registration Discounts!
*Restrictions apply.
includes access to Practice Portal Pro.
ii. Payment Processing: Payments for a purchase of Practice Portal Pro as a standalone
purchase are processed immediately.
Any Course accessed through a corporate training, group package, University package
or similar are subject to the availability as set forth in the agreement for such services.
12. Refund Policies: EduMind Product and Services are subject to the following refund policies
based on the type of product or service purchased. In all instances, it is Your sole
responsibility to verify your state requirements before purchasing the Course from EduMind
and no refunds will be provided if the Course does not meet your state requirements. Unless
modified by an Addendum to this Agreement or other written agreement, the refund policy
for EduMind Products and services are as follows:
a. Live Online Course: If You purchased your Course to be provided in a Live Online
Delivery method and the Course was purchased directly by You through EduMind or an
Authorized reseller at full price or at a publicly advertised discount the refund policy is as
follows: If you purchased the Course as part of a Bundle or with Tangible Items, and the
Live Online portion of the Course is cancelled by EduMind or you send a request to
cancel the Live Online portion of the Course within ten (10) days of the start of the Live
Online portion of the Course You will be refunded $300, but no refund will be provided
for the OnDemand portion of the Course, any Tangible Items or any other items included
in the Bundle. Request for eligible refunds will only be granted upon a written request
sent by You sent via e-mail to i egistration@schoolofpe.com.
b. Live Onsite Course: If You purchased your Course to be provided in a Live Onsite
Delivery method and the Course was purchased directly by You through EduMind or an
Weusecoul<ie:;ih.u,u,:rnu:.,.uyii,j,,i+ 1_11i �r,mn;ii„ �Lurexoutiuncu.L;V01Oceeding.You
11<i<tu»A/le<Ige t h.ii you accept l hese cookie,. to teal n more, visit rn ii Privacy Policy We're Offl lne
Please leave us a Message
Price Rewind: 2019 Prices for a Limited Time + Save Up to $300 in Early Registration Discounts!
*Restrictions apply.
anyone using your login, accesses any part of the Course, except if you are eligible for a
Risk Free Refund. If You receive a refund, your access to the Course will be immediately
terminated. All refunds are subject to a $19550 administrative fee.
c. OnDemand Course: OnDemand Courses are nonrefundable in all instances unless You
meet the requirements for Risk Free Refund.
d. Bundle: All Courses purchased as part of a Bundle or any products or services provided
as part of the Bundle, are non-refundable in all instances, except if You meet the
requirements for a Risk Free Refund or as otherwise provided for by this Agreement.
e. Tangible Items: The purchase of Tangible Items from EduMind are nonrefundable in all
instances.
f. Any Course accessed through a corporate training, group package, University package
are non- refundable and in no instances may You be provided a refund if accessing your
Course through one of these or similar Programs.
g. Discounted Fee Registration: Any registration with a discounted fee, excluding a fee
discount offered to the general public at the time You purchased the Course, are non-
refundable except if You meet the requirements for a Risk Free Refund.
h. Shipping and Handling Fees: Shipping and handling fees are nonrefundable in all instanc
i. Monthly Subscriptions and Non -Monthly Subscriptions: Monthly Subscriptions and
Non -Monthly Subscriptions are nonrefundable in all instances
EduMind reserves the right provide refunds for certain students due to extraordinary
circumstances, as determined by EduMind's sole discretion.
All refunds will be made either as a credit to the credit or debit card used to make the
bV(- t r , cookies that are. i n .0 y to operate this wehsite at Id to , experience. By proceedh iF;, \/W1
acknowledt;c. f hat yott accept theme cookies, to learn more, visit o n Privacy Policy
We're Offline
Please leave us a Message
Price Rewind: 2019 Prices for a Limited Time + Save Up to $300 in Early Registration Discounts!
*Restrictions apply.
thisAgreement or other written agreement, are eligible for a free repeat of the course.
a. The following will be eligible for a free repeat of the course provided all conditions of
paragraph 12(c) are met:
i. Live Online Courses.
ii. OnDemand Courses.
b. The following are not eligible for a free repeat of the course:
i. Any Course accessed through a corporate training, group package, University
package or similar.
ii. Any course accessed through a Discounted Fee Registration.
c. If your Course is eligible for a free repeat, You must also meet the following terms:
i. You attended a substantial portion of each and every class for the Course at the time
it was presented live (live online or onsite) or you have watched a substantial portion
of all applicable video recordings prior to your exam date (Ondemand);
ii. You took and fully completed the Exam, after your Course registration for which the
Course was intended within one year after the Course End Date;
iii. You received a test score greater than zero and did not receive a passing score on the
Exam;
iv. You submitted proof to EduMind from the NCEES that You have completed the Exam
and did not receive a passing score;
We use cookie!. II t,it .0 c, i ref, y it) opur Brie (I if-, w(°tJL, if id In of fee ynrr a he>tter experience. By proceeding, you
acknowledec.- t hat you accent these cookies. To learn more, visit ow Privacy Policy We're Offl ine
Please leave us a Message
Price Rewind: 2019 Prices for a Limited Time + Save Up to $300 in Early Registration Discounts!
*Restrictions apply.
vi i. You have not previously taken at least part of one free class of a review course
through EduMind within the last eighteen (18) months.
d. All free repeats:
i. Are not transferable to another person or another course.
ii. Do not include Course Materials that are sold separately, whether or not, such
materials were included at no cost as part of a promotion or other offer when You
initially registered for the Course.
iii. Must be in the same modality as You previously attended the Course, unless the
modality or location is not offered at the time you register for the pass guarantee, in
which case, EduMind shall substitute a modality or location at its discretion.
14. Course Fee Credit: If You submitted your Exam application prior to purchasing the Course,
are waiting for your Exam application approval from your state board to take the Exam and
are notified during the Course that You are not eligible to take the next offered Exam, for any
reason except your failure to register, provide the board with required information, pay any
dues or other monies owed the state board, or other administrative reason, then You may
transfer your Course registration, but not receive a refund for the Course, to the next
available Course, without any additional registration fees. You must email EduMind the letter
from your state board stating that You are not eligible to take the Exam, the reason for the
ineligibility must be a qualifying reason under this section, and the letter must be sent to
registration@schoolofpe.com within two weeks from issue date of the letter from the state
board or You will not be eligible to transfer your registration. Course Fee Credits do not apply
to any Course accessed through a corporate training, group package, University package or
similar
A- A I 1 \/ 1 I 1 1 II L_ __-__.__I.. w_I 1_ _I. _. .1. A
We rrse cookies that ar e necessary 10 operate ibis, vvelnite and f a i I r y ,i I ,,,tter experience. By hroceedirrg, you
aclarowledge, that you accept t hetie cookies. Tu learn more, visit om Privacy Policy We're Offl ine �'t
Please leave us a Message
Price Rewind: 2019 Prices for a Limited Time + Save Up to $300 in Early Registration Discounts!
*Restrictions apply.
%. %JUI 1)%. JI IU11 IIIUL. l IUIIY Ul Il %% t- Yl/UI 11 I1\.I IUI.0 {. tN VI %.111 vV%.Al J\.. 111 UUUIIIVI1, 111VJ1. L%-1 IIIJ 111C.1Y
not be modified, unless in writing from an authorized representative of EduMind.
Tutoring Policy
These Terms of Use ("Terms") govern your use of all tutoring sessions to be conducted
through the School of PE, a division of EduMind, Inc., located at www.schoolofpe.com, any
or any of its mobile or other web -based applications, and services ("Site") provided by
EduMind, Inc., through its School of PE division ("School of PE"). Please read these Terms
before signing up for, using or continuing to use the tutoring session or the Site. Do not
agree to the Terms unless you both fully understand and accept each provision. By using
or continuing to use the Site or accepting tutoring sessions, you represent and warrant
that you understand, agree to, and accept all terms and conditions contained in these
Terms.
1. General terms: The term "you" or "You" shall refer to the person seeking and receiving
tutoring assistance. EduMind, though its School of PE division offers you tutoring for the sole
purpose of asking questions or assistance on topics that may appear on an NCEES exam. You
must be a student of the School of PE who is currently enrolled or who has been enrolled at
has attended at least one class, excluding any demonstration classes, in the last twenty-four
(24) months. If you are part of the pass guarantee feature, you are not eligible for tutoring.
2. Sessions: A session ("Session") shall consist of up to 60 minutes of tutoring and a Session is
considered completed once the Session is started or if not cancelled per the cancellation
policy below. All Sessions must be prepaid and must be used within 6 months of the purchase
date. Any sessions purchased and not used within 6 months from the date of purchase will be
forfeited and not eligible for a refund. If you have a prepaid Session available, you may
schedule a Session on the School of PE's website. Each Session shall only be for the specified
topic of tutoring that you indicated when scheduling the Session. The tutor reserves the right
to refuse tutoring in other areas not indicated and you understand you are not entitled to any
refunds for tutoring services outside the specified topics you indicated when scheduling your
SP_ssinn. All Sessinns are hnsed nn instructor availahility and no Session shall he consideredl
VJl: u_,e coolm :, ll w( II e rnII y to olIt:[ aLe I Ilk wehsile m ul i o ui i ei you :i lwtter experience. BY proceeding. You
arknnwledge tIlat you accept these rookies. To learn more, visit om Privacy Policy we're Offl ine
Please leave us a Message
Price Rewind: 2019 Prices for a Limited Time + Save Up to $300 in Early Registration Discounts!
*Restrictions apply.
UVJJ1 y.
4. Exceptions: To the extent that anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall control. Any express waiver or failure
to exercise promptly any right under this Agreement will not create a continuing waiver or
any expectation of non -enforcement. If any provision of the Agreement is held invalid by any
law or regulation of any government, or by any court or arbitrator, the parties agree that such
provision will be replaced with a new provision that accomplishes the original business
purpose, and the other provisions will remain in full force and effect.
5. Your obligations and conduct: In consideration of your use of the Site, you agree that: (1) you
will keep materials obtained from the Session confidential, and will not sell, auction, loan,
rent, give away, describe, summarize, or otherwise reveal the materials or their contents to
any other person or entity. School of PE or the instructor reserves the right to remove any
student (without a refund) whose behavior, in its sole discretion, is disrespectful, immoral,
illegal or otherwise materially inconsistent with the purposes of tutoring; (2) You will not
electronically record the Sessions in any manner; and (3) You agree to hold EduMind, Inc, the
School of PE, its officers, directors, employees, contractors and agents harmless from any
academic, administrative, criminal, or civil proceedings brought about by your own negligent
or misuse of the Session(s). You are entirely responsible for all Content that you upload, post,
or otherwise transmit through your use of the Site ("Content"). You agree not to upload, post
or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic,
defamatory, racist, violent, offensive, harassing, or otherwise objectionable to the School of
PE, your instructor, or other users of the website; (b) includes unauthorized disclosure of
personal information; (c) violates or infringes anyone's intellectual property rights; or (d)
contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment. You agree to use the Site in a manner that is lawful, relevant
and proper to the applicable forum. Any use of the Site that School of PE, in its sole discretion,
finds inappropriate and/or offensive may result in suspension and/or termination your rights
to receive further Sessions and all pre -purchased Sessions shall be forfeited without a refund.
6. Confidentiality of School Of PE information: You may obtain direct access via the Site to
/tlit Il 1, il,ifi'l ,uL ,:,: it)1 io(gJ, 'tic I i It Ifiili,; fIrt expel fence. By proceeding. YOU
)( knowledge: I hat you accept these cookie.. To le,irit inoi e, vh,it (,11i Privacy Policy We're Offline
Please leave us a Message
Price Rewind: 2019 Prices for a Limited Time + Save Up to $300 in Early Registration Discounts!
*Restrictions apply.
materials or content provided by you on an unrestricted basis for any purpose, and you grant
EduMind, Inc and the School of PE an irrevocable, worldwide, royalty -free, nonexclusive
license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and
publish any content provided by you (including in digital form).
8. Terms of Sessions: You understand and agree that no Sessions are to be provided in -person
and all Sessions shall be conducted through the School of PE's Site. You further understand
and agree that all tutoring sessions must be scheduled on School of PE's Site and you and/or
the instructor(s) shall not seek or provide additional assistance outside of School of PE.
Sessions are offered for the sole purpose of asking questions or assistance on topics that may
appear on an NCEES exam and the School of PE nor the instructors are obligated to provide
tutoring in any other subject matter or for any other purpose.
9. Intellectual property rights: The School of PE grants you permission (which may be revoked
at any time for any reason or no reason) to use the Site for the services as provided herein
and in accordance with this Agreement and solely for your own personal, non-commercial
use (except as provided herein), provided you do not remove any trademark, copyright or
other notice contained on such pages. Any rights not expressly granted herein are reserved.
You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish,
download, transmit, or create derivative works provide to you by or through the School of PE
or its instructors, in whole or in part, by any means. You must not modify, decompile, or
reverse engineer any software of the School of PE discloses to you, and you must not remove
or modify any copyright or trademark notice, or other notice of ownership.
10. Disclaimer of warranties: USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE
EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND
CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS.
EDUMIND, INC AND THE SCHOOL OF PE DISCLAIMS ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY
IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY,
OR FITNESS FOR A PARTICULAR PURPOSE. EDUMIND, INC AND THE SCHOOL OF PE
MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO
THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF
:lei �xueriencc. by ui oceeclii i�:, vuu
Privacy Policy We're Offline
Please leave us a Message
Price Rewind: 2019 Prices for a Limited Time + Save Up to $300 in Early Registration Discounts!
*Restrictions apply.
11. Indemnification: You agree to indemnify, defend, and hold harmless EduMind, Inc, the School
of PE and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors,
suppliers, other partners, employees, and representatives from and against any and all claims,
demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable
attorney's fees and court costs, incurred by them in any way related to your (a) acts and/or
omissions on or off the site; (b) violation of any rights of another, including without limitation
any alleged infringement of intellectual property or other right of any person or entity
relating to the Site; (c) breach of these Terms; (d) disputes with or between other Users; (e)
use and/or misuse of the Site, including without limitation any information, content and/or
materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely,
incomplete or misleading User information, including without limitation with respect to
registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links
to third party websites, including without limitation such websites' availability, terms of use,
privacy policy, information, content, materials, advertising, products and/or services; (j) User
information and any acts or omissions with respect to such User information; (k) use of any
information in third -party reports; (1) use of third party payment processing services; (m) use
of phone support services; and/or (n) use of any services or products or any contracts or
arrangements made or provided based on information, content and/or materials obtained on
or through the site. You further agree that you will cooperate as requested by EduMind, Inc.
and/or the School of PE in the defense of such claims. EduMind, Inc. and/or the School of PE
reserves the right, at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by Users, and you shall not, in any event, settle
any claim or matter on behalf of EduMind, Inc. and/or the School of PE without the written
consent of EduMind, Inc. and/or the School of PE.
12. Governing law: Any disputes, claims, or actions arising out of or relating to the Sessions shall
be governed by the laws of the State of Ohio. You agree to submit to personal jurisdiction in
Franklin County, Ohio to resolve any such dispute even if your residence is in another county,
state, or country, and agree that the appropriate court in Franklin County, Ohio shall be the
exclusive forum for any dispute.
13. Entire agreement: This Agreement constitutes the entire agreement between you and the
r 1 1 t mr
v)V( cookies l i i,;t , u is i it:c t :,:..0 y l �) III)( i ,Iii. I I It-, y,VH )!JI,u .fuel i(;; tier experience. 13Y 01 ULCedil19. you
.0 knowledge Ih;:lI yeti accept These mokii s,Ao learn more, visit run Privacy Policy
Were Offline
Please leave us a Message
Price Rewind: 2019 Prices for a Limited Time + Save Up to $300 in Early Registration Discounts!
*Restrictions apply.
We use cookies that are necessary to operate this wel,site and fo c A f er you a better experience, By proceeding, you
acknowledge that Von accept these cookies, To learn more, visit our Privacy Policy
We're Offline
Please leave us a Message
Price Rewind: 2019 Prices for a Limited Time + Save Up to $300 in Early Registration Discounts!
*Restrictions apply.
`1-".:) IS,it:r1to i i,#t (I Ivfui 1.11,,)iIIir','i >t.} i )liiitliI,
Partnerships
Resources
F)ecorne an Aifi{iate
Ai itr,tn I inarn:ing
Companies Served
Mot"
Corporate
(a)rporai�, Yellns,Irlr. Condit ion"
Universities
I)i\/1(.h
Work With US
Engineer in Training
FI-rata
FA(--)>
Guaranl-ee Policy
Molley--{ Mcli
i'f)(I(.riSt
keel It f l Policy
''ite Map
Promotions
Discot.tnts
University .students
We ire rookies that are necessary to opei ate this wehsite and to nffe,r you a batter experience, By proceeding, you
acknowledge that you accept these cookies. To learn more, visit our Privacy Policy We're Offl i n e
Please leave us a Message