School of PE Policies

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.

• Definitions: The following terms shall have the following meanings when capitalized:
  • “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.
  • “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.
  • “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.
  • “Course Materials”: All materials, including but not limited to publications in books, journals, articles, and other periodicals, assessments, videos, teachings, study guides and study questions provided by EduMind with or in conjunction with the Course, whether provided electronically or in print.
  • “Exam”: The examination given by the licensing body for any jurisdiction in the United States for which the Course is intended.
  • “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.
  • “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.
  • “Monthly Subscription”: Any subscription without a defined end date and automatically renews every thirty days from date of registration.
  • “Non-Monthly Subscription”: Any subscription with a defined end date that does not auto renew at the end of its term.
  • “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.
  • “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.
  • “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 Exam. The letter should be emailed to registration@schoolofpe.com within two weeks from the issue date of the letter. If you fail to submit the letter during the specified time, then you are not eligible for this refund.
  • “Study Hub”: An online portal that provides access to Course Materials and study tools relating to the Course.
  • “Tangible Items”: Physical copies of books, calculators or other physical items you purchase from EduMind, either separately or as part of a Bundle.
  • “You”: The person who is enrolled in the Course.
• 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.
• Attendance Tracking and Login: You understand and agree the EduMind may track your participation, attendance, progress, login attempts, IP 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.
• Ownership Rights: EduMind is licensing you all Course Materials for your own personal use. EduMind reserves all rights in all Course Materials or other materials provided to You, whether in print, digital or any other format. All Course Materials or other materials provided by EduMind (course material, assessments, videos, and other any other provided goods or services) are protected by United States Copyright and other intellectual property right laws to the maximum extent permitted. In addition, You may not copy the service or trademarks, or to remove any trademark, logo or other information owned by EduMind, provided through its website or by other means.
• 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.
• 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 SUFFICIENT TO 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.
• 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 against the EduMind, arising from or in any way related to the Course, instructors, equipment and features provided by EduMind, use of the facilities at which any in-person Course is being conducted, or this Agreement.
• Recording: EduMind may record all class sessions, by audio, video or other means that may be available to EduMind and which EduMind, at its sole discretion desires to utilize. The recording of all class sessions may be used in whole or in part in EduMind's advertising, products, services or other offerings. By attending the class You agree that EduMind may 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.
• 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.
• 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.
• 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:
  • Live Online courses – Non Bundle
    • 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.
  • Live Onsite courses – Non Bundle
    • 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.
    • 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.
  • OnDemand courses – Non-Bundle
    • 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.
    • Payment Processing: Payments are processed immediately.
  • Monthly Subscription courses
    • 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.
    • Payment Processing: Your initial payment will be processed immediately and You, authorize a payment on or within 3 days of your End Date, to EduMind from your credit, debit or bank card or bank account for the then current monthly subscription fee. All recurring payments remain in effect until withdrawn by you or your access is immediately terminated by EduMind.
  • Non-Monthly Subscription courses
    • 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.
    • Payment Processing: Payments are processed immediately and only one-time, unless renewed by You.
  • Tangible Items
    • 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.
    • Payment Processing: Payments are processed immediately.
  • All Bundle Purchases
    • 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
    • Payment Processing: Full payments for all Bundles are processed immediately.
  • Practice Portal Pro
    • Access: Practice Portal Pro is provided immediately after payment is successfully processed for the purchase of Practice Portal Pro or any Course or Bundle that includes access to Practice Portal Pro.
    • 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.

• 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:
  • 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 registration@schoolofpe.com.
  • 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 Authorized reseller at full price or at a publicly advertised discount the refund policy is as follows:
    
    If You cancel Your Course ten (10) days or more before the scheduled start date for the Course, You may cancel without penalty and receive a full refund. All sales are final after 10 days from the date your payment is processed, but at EduMind’s sole discretion, a full or partial credit may be applied to another product or course offered by EduMind. Notwithstanding, no refund or full or partial credit will be given once You or 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.
  • OnDemand Course: OnDemand Courses are nonrefundable in all instances unless You meet the requirements for Risk Free Refund.
  • 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.
  • Tangible Items: The purchase of Tangible Items from EduMind are nonrefundable in all instances.
  • 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.
  • 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.
  • Shipping and Handling Fees: Shipping and handling fees are nonrefundable in all instanc
  • 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 payment or sent by check to the name and address You provided when registering. Unless expressly provided in this Agreement, all purchases are non-refundable.

  No refunds will be given for portions of any classes attend or conducted prior to your voluntary cancellation of your Course, if permitted above.

• Pass Guarantee Agreement: Certain EduMind Courses, unless modified by an Addendum to thisAgreement or other written agreement, are eligible for a free repeat of the course.
  • The following will be eligible for a free repeat of the course provided all conditions of paragraph 12(c) are met:
    • Live Online Courses.
    • OnDemand Courses.
  • The following are not eligible for a free repeat of the course:
    • Any Course accessed through a corporate training, group package, University package or similar.
    • Any course accessed through a Discounted Fee Registration.
  • If your Course is eligible for a free repeat, You must also meet the following terms:
    • 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);
    • 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;
    • You received a test score greater than zero and did not receive a passing score on the Exam;
    • You submitted proof to EduMind from the NCEES that You have completed the Exam and did not receive a passing score;
    • The proof required under this Agreement must be submitted and received by EduMind.
    • You have submitted the required proof within eighteen (18) months after the conclusion of the Course and You are otherwise eligible for a free repeat of the course; and
    • You have not previously taken at least part of one free class of a review course through EduMind within the last eighteen (18) months.
  • All free repeats:
    • Are not transferable to another person or another course.
    • 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.
    • 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.
• 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
• Addendum: You understand and agree that a separate Addendum to this Agreement may be provided to you and incorporated into this Agreement and may add to and/or modify the above terms.
• Amendments: The terms of this Agreement may be modified from time to time by EduMind at any time and such changes shall be communicated to you prior to the changes being made effective, via email, in person or through your Study Hub, but no changes made during any Course shall materially affect your intended use of the Course. In addition, these terms may not be modified, unless in writing from an authorized representative of EduMind.