Pierian Training Purchase Agreement

As of June 23, 2022.

1. Parties

This purchase agreement is between you (the “purchaser” or “student”) and Pierian Data, LLC, a Nevada limited liability company, dba Pierian Training. You may contact us at 4 Faneuil Hall Marketplace, STE 4030, Boston, MA 02109 tel. 877-201-2601.

2. Copyright Ownership and License

Pierian Training owns copyrights for instructional materials that you receive from us. You are vested with a personal use license for the instructional materials, for the sole purpose of our training of you in the curriculum for the course(s) that you purchase from us. Please note that your course may be recorded. No personally identifiable information — including your name, image, or likeness — will be visible, disclosed or shared with anyone viewing the recording of the course. You hereby assign to Pierian Training the copyright in your recorded dialog with the instructor in the course that you attend.

3. Terms of Office Hours and Tutoring Offerings

Office Hours Sessions

Students who purchase training packages that include Office Hours sessions are permitted to register for and attend an unlimited number of Office Hours webinar sessions throughout the duration of access to their course materials. Pierian Training reserves the right to remove an Office Hours session from the schedule if there are no registrations for that session 24 hours in advance of the start time of that session. For instructor-led training courses, students have access to their training materials for six (6) months from the last date of their course. For on-demand training subscriptions (e.g. Data Science Hero or Superhero Subscriptions and Memberships), students have access to their training materials and associated benefits (e.g. Office Hours sessions) for the duration of their subscription or membership and until the end of the subscription or membership term when canceled.  

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Tutoring

Students who purchase training packages that include Tutoring sessions are entitled to receive up to four (4) hours of one-to-one instruction from a Pierian Training tutor or coach. Tutoring sessions will be conducted via video conferencing software. Each student who purchases a training package with Tutoring will be assigned a Pierian Training tutor via an introduction email to initiate the coordination of scheduling of the four (4) hours of individual sessions. Pierian Training will make up to three (3) attempts to establish contact with the student via the contact information provided during the registration process to coordinate the scheduling of the tutoring sessions at a mutually agreeable time. If a student needs to reschedule a tutoring session, 24 hours of notice is required otherwise the student forfeits the usage of that tutoring session. If a student does not attend a previously confirmed tutoring session without notice to the tutor, the student forfeits the usage of that tutoring session. If a student does not arrive within 15 minutes of the scheduled start-time of the tutoring session, the student forfeits the usage of that tutoring session. For students who purchase instructor-led training courses with tutoring sessions, all tutoring sessions must be scheduled and delivered within six (6) months of the last date of the course. If all four (4) hours of tutoring are not utilized within the six (6) month period, the full tuition will be forfeited. For students who purchase an on-demand membership that includes tutoring sessions (e.g. Data Science Superhero Membership, all tutoring sessions must be scheduled and delivered within the duration of the membership. If all four (4) hours of tutoring are not utilized within the required timeframes, the full tuition will be forfeited.

4. Business-to-Business Training Provider

Pierian Training is a business-to-business training provider and provides instructional services only to individuals who are sponsored by an employer which pays for or plans and carries out a project or activity (each employer being a “Sponsor”). Pierian Training does not permit individual members of the public to directly register for Pierian Training instructional services, except in cases where the individual enrollee is being sponsored by a Sponsor. By registering for Pierian Training instructional services, you represent and warrant that: 1) you have permission from your Sponsor to receive instructional services from Pierian Training 2) you are an employee of a Sponsor which pays for the instructional services provided to you, and 3) you agree to furnish to Pierian Training any additional documentation necessary to verify your eligibility to receive the instructional services or to verify your compliance with the terms and conditions of this Purchase Agreement. In the event that Pierian Training determines that you are not eligible to enroll in the instructional services, Pierian Training may, at its sole and absolute discretion, reject your enrollment and terminate your license for all instructional materials. For more information, please contact us at 877-201-2601.

5. Registration and Payment

a. Purchases are refundable only within 24 hours of the time you made your purchase, after which all purchases are non-refundable.

b. Pierian Training offers a generous and flexible reschedule policy. If your schedule does not allow you to attend your course on your scheduled date, you may transfer your course registration to a future date on which the course is being offered, provided you notify us of your request at least seven (7) days prior to the start date of your scheduled course. Pierian Training does not limit the number of times you can reschedule your course. Your course registration, however, must be used within 1 year of the purchase date, after which the full tuition will be forfeited.

c. In the event a public emergency prevents the running of an In-Person course in your scheduled location, we will offer you the opportunity to attend the course Virtually (Live, Online).

d. Purchases of course vouchers are non-refundable. Course vouchers must be used within 1 year of the purchase date or the full tuition will be forfeited

e. If you disrupt a course session, we reserve the right to remove you from the course. In the event you are removed from a course, you will have no right to a refund.

f. Failure to attend an instructor-led course for which you are registered without written notification prior to the start date of the course will be considered a ‘no show’ and will result in forfeiture of the full tuition fee.

g. All transfer, cancellation, and refund requests must be made in writing via email to info@pieriantraining.com. In the event that we elect in our discretion to refund a course fee paid by you, the refunded amount will be credited to the credit card that you used for the purchase or a check will be mailed to the billing address within fourteen (14) calendar days after the request is approved.

6. Subscription & Membership Renewals

Pierian Training’s subscription products automatically renew (the “Renewal”) at the end of the subscription term. By purchasing a subscription product, you authorize Pierian Training to charge your credit card at the time of the Renewal at the then-current membership or subscription rate. Products, and the current rates, currently covered under these Renewal terms and conditions are:

Product

Term

Rate

Monthly Data Science Hero Subscription

Monthly

$99/month

Annual Data Science Hero Subscription

1-Year

$995/year

6-Month Data Science On-Demand All-Access Membership

6-months Access

$1,295

12-Month Data Science On-Demand All-Access Membership

12-months Access

$2,145

You may opt-out of the automatic subscription Renewal at any time prior to the Renewal date by reviewing your Account Dashboard or contacting customer support at 877-201-2601 and requesting cancelation of the membership or subscription. Canceling your subscription during any term of your subscription will not terminate your access or benefits until the end of the then-current term. No refunds will be issued for canceling a membership or subscription during the initial term nor after a Renewal has been processed.

8. Disclaimers

a. PIERIAN TRAINING DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. OUR PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

b. WE DO NOT GUARANTEE OR WARRANT YOUR ELIGIBILITY TO SIT FOR PROFESSIONAL CERTIFICATION EXAMS. THE APPROPRIATE CERTIFICATION GOVERNING BODY, AT ITS SOLE DISCRETION, MAKES SUCH ELIGIBILITY DECISIONS. SINCE ELIGIBILITY DECISIONS ARE MADE BY A THIRD PARTY, WE MAKE NO GUARANTEE AS TO YOUR ELIGIBILITY TO SIT FOR THE EXAM NOR DO WE GUARANTEE THAT YOU MEET ALL OF THE REQUIREMENTS TO SIT FOR THE EXAM. YOU AGREE NOT TO HOLD US RESPONSIBLE FOR YOUR ELIGIBILITY TO SIT FOR THE EXAM. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO RECOURSE AGAINST US IF YOU ARE DENIED PERMISSION TO SIT FOR THE EXAM. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THOSE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

a. In no event shall we be liable to you for indirect, special, punitive, incidental, reliance, exemplary, or consequential damages (whether loss of profits, loss of expected savings, or otherwise). In no circumstance shall our total liability to you exceed the amounts paid by you to Pierian Training for course enrollment.

b. The foregoing limitations of liability and disclaimers apply regardless of the form of the action, whether sounding in contract, warranty, strict liability, negligence, or other tort. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.

10. Governing Law; Exclusive Venue

a. This Agreement and your use of our website and services are governed by and construed in accordance with the substantive law (and not the law of conflicts) of the State of Indiana.

b. You expressly agree that all lawsuits arising under or in connection with your purchases from us, our instructional services, and our relationship with you shall be filed exclusively in courts of competent jurisdiction in the State of Indiana, USA. You submit to the exclusive jurisdiction of courts of competent jurisdiction in the State of Indiana, USA, with respect to any dispute with Pierian Data, LLC. dba Pierian Training. You waive any defense or argument claiming that courts of competent jurisdiction in the State of Indiana, USA, do not represent the preferred venue, lack personal jurisdiction, or are inconvenient or otherwise unsuitable based on the doctrine of forum non conveniens.

Educate 360 Terms of Use

By accessing and using the Site, and/or by enrolling in a course with Pierian Training, you agree to each of the Terms of Use set forth herein (“Terms of Use”). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. By using the Site you express your understanding and agreement to be bound by these terms. If you are unwilling to be bound by this Agreement, please do not use the Site. Educate 360 reserves the right to modify the Terms of Use without prior notice.

Corporate Address

Educate 360

1241 Cumberland Ave, Ste A

West Lafayette, IN 47906

Mailing Address (for payment by check)

Educate 360

PO Box 844661

Boston, MA 02284-4661

  1. Definitions

In addition to the terms defined throughout these Terms of Use, the terms “you”, “your” and “yours” refer to the user, customer or purchaser utilizing this Site to obtain Services. The terms “we”, “us” and “our” refer to Educate 360, LLC and any affiliate, subsidiary, or partner organizations or platforms we use to deliver products and services to customers, including Pierian Training via pieriantraining.com.

  1. Changes to Terms of Use

Educate 360 reserves the right, at any time, to modify, add to, delete from, alter, or update these Terms of Use (“Changes”), and you agree to be bound by such Changes as are in effect at the time you use the site and/or enroll in a course. Changes shall be effective immediately upon publication thereof, which may be made by posting on this Site, or by electronic or conventional mail. Your use of this Site following any Changes constitutes your agreement to follow and be bound by these Terms of Use as published when you use the Site and/or enroll in a course.

  1. Permitted and Prohibited Uses

This Site is intended for the lawful use of members of the general public who are over the age of 18 years. Subject to these Terms of Use, Educate 360 grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, all text, design, graphics, drawings, photographs, video clips, music and sounds, and all trademarks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the “Content”), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly: use, sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers; transfer the Content to any other person without the prior written explicit consent of Educate 360; use this Site in any manner that could damage, disable, overburden or impair this Site; upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs; interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites; infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity; disrupt or interfere with any other person’s use or enjoyment of this Site or associated or linked sites; use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part; use or attempt to use another’s account, password, service, system or other information without prior written authorization from Educate 360, or create or use a false identity on this Site; transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access. You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content.

  1. Copyright and Trademarks

Unless otherwise noted, all Content is subject to intellectual property rights including copyrights and trademarks held or licensed by Educate 360. You may print or download one copy of the Content on this Site on a single computer for your personal, non commercial use, provided you keep intact all copyright and other proprietary notices. Any other reproduction or use without express prior written permission from Educate 360, or Educate 360’s content providers as the case may be, is strictly prohibited. Except as expressly provided herein, no license to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from Educate 360 is prohibited.

  1. Links and Third Party Websites

Educate 360 provides to you, on this Site, links to Third Party Websites operated by other entities. These Third Party Websites will typically be identifiable through a change to the URL in your Web browser, though the Site does occasionally contain content from Third Party Websites within the educate360.com URL. You agree that this Site provides no dialogue box or other clear demarcation indicator when you leave this Site and enter a Third Party Website. Links to Third Party Websites do not constitute an endorsement, sponsorship or recommendation by Educate 360 of the Third Party Websites, the entities themselves or of any content, services or products available on or through such Third Party Websites. If you use these Third Party Websites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Links do not imply that Educate 360 or this Site is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Third Party Website is authorized to use any trademark, trade name, logo or copyright symbol of Educate 360. Third Party Websites may create other contractual obligations between you and the third party entity in addition to these Terms of Use. This Site will from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that Educate 360 shall not have any liability whatsoever to you for any such third party material, data or information.

  1. Submission of Information

Although Educate 360 provides certain security in an effort to protect the electronic transmission of certain information that you submit to Educate 360 through this Site, Educate 360 does not guarantee the security of any information transmitted to or from this Site, including to or from any Third Party Websites linked to this Site. Submission of any financial (e.g. credit card) or other information to this Site or to any Third Party Websites linked to this Site is entirely at your own risk and responsibility. Do not send any confidential or proprietary information to Educate 360 through this Site. Except for personal information about you, including financial/credit card information, any information you do send to Educate 360 through this Site will be deemed NOT to be confidential (“Non-Confidential Information”).

  1. Agreement to Privacy Policy

Pierian Training respects your desire for privacy. Pierian Training’s Privacy Policy can be found here. By accessing this Site, you are consenting to the collection, use and disclosure of your personal information and to the terms of our Privacy Policy. If we decide to change our Privacy Policy, we will post the revised Privacy Policy prominently on this Site or otherwise bring it to your attention, so that you are always aware of what we do with your information.

How to Contact Us

Should you have questions or concerns about these privacy policies, please call Educate 360 at 1-877-243-6690 or send us an email at info@educate360.com.

Effective 5/25/2018