Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the percomonline.com website (the “Service”) operated by PERCOMOnline, Inc. (“us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you enroll in any of the courses in the program, you will be bound by all terms of this agreement so it is imperative you read it carefully and completely.If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected Availability, Errors and Inaccuracies.

If you choose to pay using the no-interest payment plan method with PERCOMOnline, Inc, you must authorize Paypal (or other designated payment portal service) to make automatic monthly charges for payments to the card you place on file with the payment portal service (or other payment plan time frames as agreed between you and PERCOM Online, Inc).  If your card is canceled or the charge cannot be run against your card for any reason, you will be notified by the Payments Manager by message in the message system with a deadline to reply, make the payment and set up another automatic debit or credit card to charge for future payments until all payments are met as agreed in the payment plan. PERCOM Online, Inc. reserves the right to pursue payments as per the conditions of the plan through collection or legal means as indicated.  If you do not correct the missing payments and reset the card and plan by the deadline given by the Payments Manager, you will be dropped from the program without further notice.  If you have completed the course but have not completed the payment plan, PERCOM Online, Inc will not grant you course completion for state or national certification and will not supply you with a course completion certificate until the payment plan has been completed in its entirety.

If you enroll, PERCOM Online, Inc. you must follow the instructions on the Enrollment Page to have your criminal background check done as the first step after initial enrollment.  You must use the agency we have contracted with for this purpose unless you are military or other U.S. governmental employee who can provide proof of regular and complete background checks that are acceptable to our directors and clinical and field sites.  If your criminal background check reveals that you have convictions or deferred adjudications for felonies, theft, alcohol or drug charges, murder, attempted murder, rape, assault, battery, child endangerment, other crimes against the person, or any other conviction or deferred adjudication that could be perceived as a potential threat to PERCOMOnline, Inc. faculty, staff, fellow students, clinical or field sites or their patients, enrollment will be halted and monies paid will be refunded minus the fees for the criminal background check, emstesting.com access, and other fees for administering or managing the enrollment as outlined in the PERCOM Online, Inc. Refund Policy.  If the student is still accepted, PERCOM Online, Inc. does not guarantee that clinical or field sites will not deny entry for rotations based on any item that shows on the criminal background check. In the event that clinical or field sites still refuse entry, PERCOMOnline, Inc. will not refund any portion of tuition or other monies paid to PERCOMOnline, Inc.

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

PERCOMOnline Inc. has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of PERCOMOnlineInc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, hold a U.S.  high school diploma, GED or other equivalent accepted by state or national licensing/certification authorities, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.  This not only includes PERCOM content, but it also includes posting exam questions, feedback or other content from our contracted Exam service (emstesting.com, Platinum Educational Group).

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to copywrites@percomonline.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.  If you are removed from the emstesting.com/Platinum Educational Group service due to what they perceive or prove is a copyright breach (posting their content anywhere online or offline), you will also be removed from the Program in which you are enrolled with PERCOM and a report may be filed with Texas Department of State Health Services regarding your certification or potential certification in relation to their rules, laws and policies.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

– a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

– identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

– your address, telephone number, and email address;

– a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

– a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at copywrites@percomonline.com

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of PERCOMOnlineInc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PERCOMOnlineInc.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by PERCOMOnlineInc.

PERCOMOnlineInc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that PERCOMOnlineInc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

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

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.  If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless PERCOMOnlineInc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Refund Policy

Limitation Of Liability

In no event shall PERCOMOnlineInc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

By enrolling in an EMS initial training course with PERCOMOnline, Inc. you agree that you might become injured or be killed or come in contact with or contract an infectious disease in the lab or clinical/field settings.  You may be the victim of a crime against you while serving in student capacity at a clinical or field rotation site. By enrolling in the program you agree that you will hold PERCOMOnline, Inc, its faculty, staff, administrators, Medical Director, Board of Directors, affiliated skills sites or schools and their instructors and affiliations, and affiliated clinical or field sites and their staff, patients, and others harmless and indemnify same from all liability, payments, claims, costs, causes of action, judgments and attorney’s fees of whatsoever nature and however arising (1) in any connection with your being a student with PERCOMOnline,Inc or its affiliated schools, sponsors or programs, (2) from any clinical or internship or field experience in connection with the course(s) being taken, and (3) in any other way whatsoever.

If you enroll in an Advanced level of the program, you may be required to start IV’s and draw blood on fellow students and will be required to allow them to do the same on youe for practice on these skills prior to performing them on life patients in the interest of patient safety.  You agree that you will review and maintain the policies set forth for minimizing exposure to body fluids in the Infectious Disease and Body Substance Isolation manual as well as follow standard universal precautions as outlined by the Centers for Disease Control. (In the clinical or EMS rotation setting,  you also agree to abide by all infectious disease exposure guidelines and agree that ypu may be required to complete N95 Fit Testing training and/or provide your own masks, gloves, face shields, or other protective gear at your expense).  If you enroll in an Advanced Level Course, you hereby consent to having another student practice IV venipuncture and blood drawing techniques on you in the classroom/laboratory and to practicing starting IVs and drawing blood on other students when you are at that student level. You also agree to carefully follow the correct procedures in all such practice exercises and not to proceed with any procedure that you are in any way unsure of. You agree never to practice any invasive procedure on another student unless an official preceptor/skill instructor is immediately present and is supervising. You will hereby certify that in the event of any occurrence in which you do not fully understand how to proceed with patient care with regard to protection of self and co-workers from exposure to infection, you will seek the advice of your preceptor or other person in charge of your clinical or internship experience before proceeding to render such care.  You hereby agree that in the event you are exposed or possibly exposed to an infectious disease in the course of your internship, clinical experience, or laboratory experience, you will immediately report such exposure to your preceptor or instructor and follow the procedures set forth in the Infectious Disease and Body Substance Isolation Manual and those respective to the clinical or field EMS site where you am rotating.  All fees incurred for medical care or treatment or testing will be your responsibility.  By enrolling you agree that you are required to hold a current medical health insurance policy prior to scheduling clinical or field rotations and must place any or all claims for this or any other injury incurred during lab or rotations settings with your personal insurance and any outstanding fees or co-payments or co-shares are your responsibility. If your insurance lapses, all fees for medical care or treatment or testing for this or any other injury you may incur in lab or rotations are your financial responsibility and not that of PERCOMOnline, Inc or any of its staff, faculty, administration, Medical Director, Board of Directors, affiliated skills sites or instructors, sponsors, or affiliated clinical or field sites in any way. By enrolling you hereby release, waive, and nullify any and all claims you have or may ever have against PERCOM, its agents, affiliates, and servants, resulting from or involving any invasive procedure performed on you or by you, and forever to hold harmless PERCOM, and its agents, affiliates, and servants from all claims, damages, judgments or payments of any nature whatsoever.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

PERCOMOnlineInc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Communications

The only acceptable way of communicating with PERCOMOnline, Inc. Instructors, staff and administrators is through the messaging system provided in each user’s profile.. Use of chats or third party email will not be acknowledged if it is is not received by the intended recipient for whatever reason and any homework, correspondence or requests will not be valid nor will any action be taken if you choose not to use the established method inside the website. In the event that the messaging system or website fails, students may utilize the percomonline.com email system to communicate with Faculty, staff or administrators.

If you enroll at PERCOMOnline, Inc. then you must attempt to communicate, mediate or resolve issues in a professional and respectful manner as is expected of healthcare professionals or those entering the healthcare field. If you choose to behave in any manner that is unprofessional or disrespectful, you will be dropped from the program and/or marked “Fail” based on affective behavior evaluation by PERCOMOnline, Inc. faculty and/or medical direction team.

Computer Use Policy

By enrolling in the program, you agree that you will have the opportunity to borrow a tablet PC from PERCOMOnline, Inc for use during the clinical and field rotations segment of my course.  You also may be allowed to use computers at affiliated schools, clinical or field sites, or affiliated skills sites.  When using computers at schools, clinical sites, or field internship sites, you agree that you will not add any software to any computer. You will not give out or authorize anyone to use their personal name, login name, or password.
1. You agree that you will not intentionally write, produce, generate, copy, propagate, or attempt to introduce any computer code designed to self-replicate, damage, or otherwise hinder the performance of any computers, memory, file system, or software.
2. You agree that you will not intentionally damage the system, damage information not belonging to them, misuse system sources, or allow others to do so.

If you choose to access email on either the PERCOMOnline,Inc. or other affiliates school, sites, instructors, or other computers associated with or with which you are given access as a student at PERCOMOnline, Inc.,  you are aware that emails are not private and will be subject to review at any time at these locations.  You also agree to the following:
1. It is not acceptable to send or receive E-mails that contain harassing, obscene, pornographic, discriminatory, lewd or lascivious material.
2.You must not store or transmit any information that is in violation of U.S. Federal law or Texas State law.

By enrolling you agree that Internet access is at the discretion PERCOMOnline, Inc, and/or the site.  Internet access shall be limited to use for skills or clinical data entries, access to coursework through PERCOMOnline, Inc., or computerized testing.  You agree that it is not acceptable to access any site that contains harassing, obscene, pornographic, discriminatory, lewd or lascivious material on either the PERCOMOnline, Inc. computers or any computer owned or provided by an affiliate, skills site, sponsor, instructor or any other computer associated with or with which you are given access as a student at PERCOMOnline. Inc.

You understand and agree by enrolling that if you breach the conduct outlined in these rules, you may be removed from the course with a grade of “Fail” and all fees to PERCOMOnline, Inc will be retained by PERCOMOnline, Inc. as agreed compensation for services rendered. You also agree that if you are released from the course under these circumstances, you will not be eligible for re-enrollment in a PERCOMOnline, Inc. course.

Required Documents

Students are required to submit and maintain documents outlined in the course overview for this selected course. This includes keeping current copies of an American Heart Association Healthcare Provider CPR card and, if in the P1 or P2 courses, a copy of current TDSHS or NREMT EMT or higher certifications on file in your Student File.  Not adhering to this standard will result in a drop from the program.

Policies & Procedures

You acknowledge the existence of the following documents: Student Handbook, (Course) Overview/Syllabus, (Course) Knowledge Objectives and Competencies, Infection Control and Body Substance Isolation Manual, and Clinical/Internship Manual, and you acknowledge the placement of these documents under the appropriate course section in Student Documents or other link(s)located within your profile. You also acknowledge that you must assure once enrolled that you are placed in the School Announcements Archives Group and read all Blog and Newsfeed posts to review any other policy postings that may affect you and agree that you will continue to check for postings in this Group weekly until you are done with the course.  You are responsible for adhering to all policies, guidelines, knowledge objectives mentioned in the aforementioned documents while attending PERCOMOnline, Inc.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

General Agreement

I understand that if I choose to set up a profile on this website and/or enroll in a PERCOMOnline,Inc. course, I will be bound by these Terms and Agreements. I further promise and agree that if I violate or fail to follow abide by, conform to, and carry out in any way the promises, representations, requirements, and covenants set forth in this document, I agree that I may be dropped from all courses with PERCOMOnline, Inc. in which I am enrolled, or that I may be given a failing grade in such courses, subject only to the rules of due process and to the procedures set forth in the Student Handbook.  I have read, understand and agree to each and every provision contained in this agreement.

I also hereby grant to PercomOnline.com, Inc., its officers, agents, employees, licensees and assigns (collectively, “Released Entities”), unlimited permission to use, exploit, adapt, modify, reproduce, distribute, and display, in any form now known or later developed, the material(s) listed below (“Materials”), throughout the world, by incorporating them into publications, catalogs, brochures, books, magazines, photo exhibits, motion picture films, videotapes, Internet web pages, or other media of whatsoever nature.
I hereby release and agree to indemnify, defend, and save harmless PERCOMOnline, PERCOM EMS Medical Education Consortium, its officers, agents, employees, licensees and assigns, from any and all claims I, or any third party, may have now or in the future for invasion of privacy, right of publicity, copyright infringement, defamation, or any other cause of action arising out of the use, exploitation, reproduction, adaptation, distribution, broadcast, performance or display of the Materials. I further agree to indemnify, defend, and hold harmless the Released Entities from and against any lawsuit or cause of action against the Released entities based upon, arising out of, or otherwise relating to the materials, including without limitation, any cause of action relating to said use. I waive any right to inspect or to approve any works that may be created using the Materials and waive any claim with respect to the eventual use to which the Materials may be applied. I understand and agree that PERCOM is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Materials and any works using said Materials, and any commercial, informational, educational, advertising, or promotional materials containing the Materials.

Contact Us – patrogers@percomonline.com or programdirector@percomonline.com

If you have any questions about these Terms, please contact us.