If you are a student in an educational institution, you must have an invitation to access or use the Skills Preparation Training Program from the educational institution or school personnel who are responsible for your use and supervision with respect to the Skills Preparation Training Program.

PRIVACY LAWS

We are committed to all relevant state privacy laws (including state laws that specifically protect student data) and all regulations promulgated thereunder. We will not disclose any “personally identifiable information” of any “student” without obtaining the prior written consent of the student (or, if the student is not an “eligible student, that student’s parent or legal guardian).

Information collected from students, including personal information and information collected automatically, is never used or disclosed for third-party advertising or any kind of first or third-party behaviorally targeted advertising, and personal information is never sold or rented to anyone, including marketers or advertisers.

We will never share education records with third parties except (i) as directed by school personnel, an educational institution, or a parent or legal guardian; (ii) to our service providers that enable us to provide the Skills Preparation Training Program, as stated in our Privacy Policy; or (iii) as required by law. Education records are never used or disclosed for third-party advertising or any kind of first or third-party behaviorally targeted advertising to students or parents.

We may, however, use education records that have been de-identified for product development, generative and predictive artificial intelligence, research, or other purposes (“De-Identified Data”). De-Identified Data will have all direct and indirect personal identifiers removed. This includes, but is not limited to, name, date of birth, demographic information, location information and school identity. We will not attempt to re-identify the De-Identified Data or transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.

The information provided when using the Skills Preparation Training Program is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Skills Preparation Training Program from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Other than certain training material separately licensed by you or provided by you (e.g., “Third Party Content” as hereinafter defined), PGP or our Cloud Provider is the owner of all intellectual property rights in the Skills Preparation Training Program, including all audio, video, text, photographs, graphics, source codes, databases, functionalities, and software in the Technical Training Program (collectively, but excluding User Generated Content and Third Party Content as hereinafter defined, “PGP Content”), as well as the trademarks, service marks, and logos contained therein (the "PGP Marks").

The PGP Content and PGP Marks are provided in or through the Skills Preparation Training Program "AS IS" and “AS AVAILABLE” for your personal use, internal business purpose, or for the provision of Skills Preparation Training Program to Trainees only.

By using the Skills Preparation Training Program, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Skills Preparation Training Program; (6) you will not access the Skills Preparation Training Program through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Skills Preparation Training Program for any illegal or unauthorized purpose; (8) your use of the Skills Preparation Training Program will not violate any applicable law or regulation; (9) you have not cheated or claimed any work or content associated with the Skills Preparation Training Program as your own when it was not; (10) you have not shared any information with others that would undermine the training provided; (11) you have not claimed to have the right to use or access another user’s account or any information to which you do not have a right.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Skills Preparation Training Program (or any portion thereof).

You may be required to register to use the Skills Preparation Training Program. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

We accept the following methods of payment for contribution payments and transfers related to the Skills Preparation Training Program:

Visa

Mastercard

American Express

Discover

You agree to provide current, complete, and accurate account and financial information for all contribution payments and transfers made via the Skills Preparation Training Program. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. You are responsible for the collection and remittance of any and all taxes due in connection with these Legal Terms. We may change the amount of the requested contribution or transfer at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your contribution payments or other transfers and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in any contribution payment or transfer amount, even if we have already requested or received such contribution payment or transfer.

We reserve the right to refuse any order placed through the Skills Preparation Training Program. We may, in our sole discretion, limit or cancel any payment or transfer per user or entity making such payment or transfer. These restrictions may include orders placed by or under the same account, the same payment method, and/or orders that use the same billing or shipping address or are associated with a particular entity. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You may not access or use the Skills Preparation Training Program for any purpose other than that for which we make the Skills Preparation Training Program available. The Skills Preparation Training Program may not be used in connection with any commercial or other endeavors except those that are specifically endorsed or approved by us.

As a user of the Skills Preparation Training Program, you agree not to:

8. YOUR REPRESENTATIONS AND WARRANTIES REGARDING YOUR USER GENERATED CONTENT

As discussed above, the Skills Preparation Training Program may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Skills Preparation Training Program, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "User Generated Content"). User Generated Content may be viewable by other users of the Skills Preparation Training Program. As such, any User Generated Content you transmit may be treated as non-confidential and non-proprietary. When you create or make available any User Generated Content, you thereby represent and warrant that:

Any use of the Skills Preparation Training Program in violation of the foregoing violates these Legal Terms and may result in, among other things, termination, or suspension of your rights to use the Skills Preparation Training Program.

See Section 2 above for full details regarding User Generated Content and your representations and warranties.

As discussed above, certain training materials, including but not limited to articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties, may be licensed by you or provided to you through the Skills Preparation Training Program ("Third Party Content"). Third Party Content may be viewable by other users of the Skills Preparation Training Program. As such, any Third-Party Content you post, upload, or otherwise cause to be delivered through or made accessible through the Skills Preparation Training Program may be treated as non-confidential and non-proprietary. When you post, upload, or otherwise cause to be delivered through or made accessible through the Skills Preparation Training Program any Third-Party Content, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Third Party Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any other third party.

2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Skills Preparation Training Program, and other users of the Skills Preparation Training Program to use your Third Party Content in any manner contemplated by the Skills Preparation Training Program and these Legal Terms.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Third Party Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Third Party Content in any manner contemplated by the Skills Preparation Training Program and these Legal Terms.

4. Your Third-Party Content is not false, inaccurate, or misleading.

5. Your Third-Party Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Third-Party Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

7. Your Third-Party Content does not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Third-Party Content is not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

9. Your Third-Party Content does not violate any applicable law, regulation, or rule.

10. Your Third-Party Content does not violate the privacy or publicity rights of any other third party.

11. Your Third-Party Content does not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors or others.

12. Your Third-Party Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

13. Your Third-Party Content does not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

By posting your User Generated Content to any part of the Skills Preparation Training Program, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Generated Content (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such User Generated Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your User Generated Content, and you warrant that moral rights have not otherwise been asserted in your User Generated Content.

We do not assert any ownership over your User Generated Content. You retain full ownership of all of your User Generated Content and any intellectual property rights or other proprietary rights associated with your User Generated Content. We are not liable for any statements or representations in your User Generated Content provided by you in any area on the Skills Preparation Training Program. You are solely responsible for your User Generated Content to the Skills Preparation Training Program and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Generated Content.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any User Generated Content; (2) to re-categorize any User Generated Content and to place it in more appropriate locations on the Skills Preparation Training Program; and (3) to pre-screen or delete any User Generated Content at any time and for any reason, without notice. We have no obligation to monitor your User Generated Content.

If you access the Skills Preparation Training Program via web on a mobile device, then we grant you a revocable, non-exclusive, non-transferable, limited right to use the website on wireless electronic devices owned or controlled by you, and to access and use the website on such devices strictly in accordance with the terms and conditions contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the website; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the website; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the website; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the website; (5) use the website for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the website available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the website for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the website; (8) use the website to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the website.

The Skills Preparation Training Program may contain (or you may be sent via the Site) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third-Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Services or any Third Party Content posted on, available through, or installed from the Training, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Training and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Training or relating to any applications you use or install from the Training. Any purchases you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third Party Websites.

We reserve the right, but not the obligation, to: (1) monitor the Skills Preparation Training Program for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your User Generated Content or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Skills Preparation Training Program or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Skills Preparation Training Program in a manner designed to protect our rights and property and to facilitate the proper functioning of the Skills Preparation Training Program.

We care about data privacy and security. Please review our Privacy Policy: https://www.skillsprep.org/local/ptsialternatetraininglocation/privacy_policy.php. By using the Skills Preparation Training Program, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms by reference. Please be advised the Skills Preparation Training Program is hosted in the United States. If you access the Skills Preparation Training Program from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Skills Preparation Training Program, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. You agree that the Skills Preparation Training Program is not intended for use outside of the United States, United States territories (American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and U.S. Virgin Islands), or Canada. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Skills Preparation Training Program as quickly as is reasonably practical.

We respect the intellectual property rights of others. If you believe that any material available on or through the Skills Preparation Training Program infringes upon any copyright you own or control, you agree to immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Skills Preparation Training Program infringes your copyright, you should consider first contacting an attorney.

These Legal Terms shall remain in full force and effect while you use the Skills Preparation Training Program. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SKILLS PREPARATION TRAINING PROGRAM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SKILLS PREPARATION TRAINING PROGRAM OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of the Skills Preparation Training Program at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Skills Preparation Training Program. We will not be liable to you or any third party for any modification, contribution payment or other transfer amount change, suspension, or discontinuation of the Skills Preparation Training Program.

We cannot guarantee the Skills Preparation Training Program will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Skills Preparation Training Program, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Skills Preparation Training Program at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Skills Preparation Training Program during any downtime or discontinuance of the Skills Preparation Training Program. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Skills Preparation Training Program or to supply any corrections, updates, or releases in connection therewith.

To the extent not governed by applicable federal law, these Legal Terms and your use of the Skills Preparation Training Program are governed by and construed in accordance with the laws of the State of Maryland applicable to agreements made and to be entirely performed within the State of Maryland, without regard to its conflict of law principles.

There may be information on the Skills Preparation Training Program that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Skills Preparation Training Program at any time, without prior notice.

THE SKILLS PREPARATION TRAINING PROGRAM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SKILLS PREPARATION TRAINING PROGRAM WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SKILLS PREPARATION TRAINING PROGRAM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SKILLS PREPARATION TRAINING PROGRAM' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SKILLS PREPARATION TRAINING PROGRAM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SKILLS PREPARATION TRAINING PROGRAM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SKILLS PREPARATION TRAINING PROGRAM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SKILLS PREPARATION TRAINING PROGRAM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SKILLS PREPARATION TRAINING PROGRAM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE TRANSACTION OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL WE OR OUR CLOUD PROVIDER, SPONSORS, AFFILIATES, TRUSTEES, UMPIRES, DIRECTORS, EMPLOYEES, AGENTS, OR OTHERS IN WHICH PGP OR THE FOREGOING HAVE AN INTEREST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES FOR ANY REASON WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY OR THE LIABILITY OF OUR CLOUD PROVIDER TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $5,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold us harmless, including our Cloud Provider, directors, Sponsors, trustees, umpires subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including attorneys’ fees and expenses, made by any third party due to or directly or indirectly arising out of or resulting from: (1) your User Generated Content or your Third Party Content; (2) your use of the Skills Preparation Training Program, including Third Party Content; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Skills Preparation Training Program with whom you connected via the Skills Preparation Training Program. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

We will maintain certain data that you transmit to the Skills Preparation Training Program for the purpose of managing the performance of the Skills Preparation Training Program, as well as data relating to your use of the Skills Preparation Training Program. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Skills Preparation Training Program. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Visiting the Skills Preparation Training Program, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Skills Preparation Training Program, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SKILLS PREPARATION TRAINING PROGRAM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to Contribution Payments or the granting of credits by any means other than electronic means.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Skills Preparation Training Program of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Other than Mosaic Learning, Inc. (Mosaic Learning, Inc. is referred to in these Legal Terms as the "Cloud Provider"), and the Sponsors, the terms and conditions of these Legal Terms are intended solely for the benefit of PGP, You, and Our successors or assignees and it is not the intention of Us or You to confer other third-party beneficiary rights upon any other person or entity.

These Legal Terms and any policies or operating rules posted by us on the Skills Preparation Training Program or in respect to the Skills Preparation Training Program constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, interruption, action or failure to act caused by any cause beyond our reasonable control, including but not limited to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in

telecommunications, utility, Internet services or network provider services, acts or omissions of a third party, infiltration or disruption of the Skills Preparation Training Program by a third party by any means, including without limitation, DDoS attacks, software viruses, Trojan horses, worms, time bombs or any other software program or technology designed to disrupt or delay the Skills Preparation Training Program, or other catastrophes or any other occurrences which are beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Skills Preparation Training Program. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

In order to resolve a complaint regarding the Skills Preparation Training Program or to receive further information regarding use of the Skills Preparation Training Program, please contact us at: