Terms and Conditions

TERMS OF SERVICE AGREEMENT

Welcome to PMHNPtesting.com, operated by Clarity Education Systems, LLC, located in Herriman, Utah. PMHNPtesting.com and Clarity Education Systems are used interchangeably throughout this Agreement and collectively refer to the same entity and its operations (hereinafter referred to individually or collectively as "PMHNPtesting.com," "Clarity Education Systems," "Company," "we," "us," or "our"). By using the website located at www.PMHNPtesting.com and www.PMHNPstudentportal.com, the related mobile website, and the mobile application (collectively, the "Websites"), you agree to be bound by these Terms of Service (this "Terms of Service" or "Agreement"), whether or not you register as a member of PMHNPtesting.com / Clarity Education Systems ("Member"). If you wish to become a Member and/or make use of the service (the "Service"), please read this Agreement. If you object to anything in this Agreement or the PMHNPtesting.com / Clarity Education Systems Privacy Policy, do not use the Service.

This Agreement is subject to change by PMHNPtesting.com / Clarity Education Systems at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following the posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Electronic Agreement

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by PMHNPtesting.com / Clarity Education Systems from time to time, such modifications to be effective upon posting on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

1. Access and Retention

In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

2. Commercial Use of Service

If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a "Subscribing Entity"), you represent and warrant that:

a. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;

b. You have read and understand this Terms of Service; and

c. You agree to this Terms of Service on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of PMHNPtesting.com / Clarity Education Systems, which may be revoked at any time, for any reason, in the Company's sole discretion.

3. Account Security

You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify PMHNPtesting.com / Clarity Education Systems of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PMHNPtesting.com / Clarity Education Systems will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your account.

4. Your Use of the Websites

a. You may not browse or download illegal content.

b. You must not copy or capture, or attempt to copy or capture, any content from the Websites (the "Content") or any part of the Websites, unless given express written permission by PMHNPtesting.com / Clarity Education Systems.

c. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is created by you (such content, "Your Content"), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content (the "Uploader") (for example, under the terms of Creative Commons licenses selected by the Uploader).

d. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Websites' offering.

e. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.

f. You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Websites.

g. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other than Your Content).

h. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.

i. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

- any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in the Company's sole and reasonable discretion;

- any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right;

- any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise illegal or unlawful in the Company's sole and reasonable opinion;

- any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Websites or servers or networks forming part of, or connected to, the Websites, or which does or might restrict or inhibit any other user's use and enjoyment of the Websites; or

- any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

j. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.

k. You must not rent, sell or lease access to the Websites, or any Content on the Websites, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.

l. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.

m. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any PMHNPtesting.com / Clarity Education Systems employee. If we determine that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.

n. You must not sell or transfer, or offer to sell or transfer, any PMHNPtesting.com / Clarity Education Systems account to any third party without the prior written approval of the Company.

o. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.

p. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by PMHNPtesting.com / Clarity Education Systems or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of the Company's servers, system or network or attempt to breach the Company's data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking the Company's servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of PMHNPtesting.com / Clarity Education Systems under these Terms of Service, the Company reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions, and acknowledge and agree that PMHNPtesting.com / Clarity Education Systems has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.

5. Representations and Warranties

You hereby represent and warrant to PMHNPtesting.com / Clarity Education Systems as follows:

a. Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use, and (if and where relevant) to authorize PMHNPtesting.com / Clarity Education Systems to use, Your Content pursuant to these Terms of Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Websites, any and all Services and any third party services.

b. Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers' rights, rights of privacy or publicity, or rights in confidential information.

c. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Websites and via any third party services.

d. Your Content, including any comments that you may post on the Websites, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.

e. Your Content does not and will not create any liability on the part of PMHNPtesting.com / Clarity Education Systems, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.

PMHNPtesting.com / Clarity Education Systems reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.

6. Term

This Agreement will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership and/or subscription at any time by contacting us at dr.rossi@claritymhw.com. If you resign or cancel your membership and/or subscription, to help PMHNPtesting.com / Clarity Education Systems analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. PMHNPtesting.com / Clarity Education Systems may terminate your membership and/or subscription for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to the Company. If PMHNPtesting.com / Clarity Education Systems terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of PMHNPtesting.com / Clarity Education Systems. The Company is not required to provide you notice prior to terminating your membership and/or subscription. The Company is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

7. Modifications to Service

PMHNPtesting.com / Clarity Education Systems reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PMHNPtesting.com / Clarity Education Systems shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We reserve the right to refuse service to anyone for any reason at any time.

8. Blocking of IP Addresses

In order to protect the integrity of the Services, PMHNPtesting.com / Clarity Education Systems reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites.

9. Content

a. Proprietary Rights. PMHNPtesting.com / Clarity Education Systems retains all proprietary rights in the Websites and the Service. The Websites contain the copyrighted material, trademarks, and other proprietary information of PMHNPtesting.com / Clarity Education Systems and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on PMHNPtesting.com / Clarity Education Systems, its Facebook and Instagram pages and groups, and in seminars is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of PMHNPtesting.com / Clarity Education Systems and for Members' use only. Distribution of Content to others is strictly prohibited. You agree that PMHNPtesting.com / Clarity Education Systems would be irreparably harmed by any violation or threatened violation of this section and that, therefore, the Company shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have. We may provide links to third party websites, and some of the content appearing on the Websites may be supplied by third parties. PMHNPtesting.com / Clarity Education Systems has no responsibility for these third party websites nor for their content, which is subject to and governed by the Terms of Service and/or privacy policies, if any, of the applicable third party content providers.

b. Ownership of Your Content; Licenses. You agree that any content you upload to the Websites and/or the Service ("Your Content") shall become the property of PMHNPtesting.com / Clarity Education Systems. This shall have no effect on the Copyright Policy, Limitation of Liability, and Indemnity by You sections of this Agreement. However, with respect to Your Content, PMHNPtesting.com / Clarity Education Systems grants you a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such content, except with regard to commercial or for-profit use.

Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Websites from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the Uploader. Where you repost another user's Content, or include another user's Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.

Educational and Medical Disclaimer. The content of this material contains information relating to various medical conditions and their treatments. Such information is for informational and educational purposes only and is not intended to diagnose, treat, cure, or prevent any condition or disease, and it is not meant to substitute the advice from a qualified healthcare provider. You understand that this material is not intended as a substitute for medical advice or a replacement for attending an accredited educational program for graduate and/or undergraduate education/degree. Information is gathered and shared from reputable evidence-based sources; however, PMHNPtesting.com / Clarity Education Systems is not responsible for errors or omissions in reporting or explanation. No individual should use this information to self-diagnose or treat any health-related condition. Your use of this program implies your acceptance of this disclaimer.

Purchase of Content. By placing an Order for Goods and/or Services through the Service, you warrant that you are legally capable of entering into binding contracts.

Your Information. If you wish to place an Order for Goods and/or Services available on the Service, you will be asked to supply certain information relevant to your Order including, without limitation, your name, your email, your phone number, 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 or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information you supply to us is true, correct, and complete.

By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your Order.

Purchase of Merchandise. Certain products or services may be available exclusively online through the Websites. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of PMHNPtesting.com / Clarity Education Systems. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Refunds. All fees paid to PMHNPtesting.com / Clarity Education Systems are non-refundable, non-transferable, and cannot be changed or forwarded to a different date. Refunds will not be made if a student decides to cancel a class. Class rescheduling is only granted on a case-by-case basis and must be approved by PMHNPtesting.com / Clarity Education Systems at least two (2) weeks in advance. Merchandise sales (including T-shirts) are final. T-shirts given as part of the 6-week comprehensive bundle are non-refundable and non-exchangeable. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made through our Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

Class Cancellation. If a class is cancelled or rescheduled by PMHNPtesting.com / Clarity Education Systems, all registered individuals will be notified via the email address supplied during registration before the scheduled class date. Registrants may enroll in the next available seminar or cancel the registration with a 100% full refund.

For security reasons, purchaser's names on Teams shall be the same name they used to sign up for the class. Purchasers whose names on Teams do not reflect the names used to register for the class will be given instructions on how to update the name. The instructor is not responsible for any missed class time caused by joining the class late, being in the waiting room, or internet issues; purchasers are responsible for joining the class on time.

Exam Disclaimer. Purchaser understands that the review course is only a tool to assist in personal studying and does not guarantee a passing score on the American Nurses Credentialing Center's (ANCC) psychiatric mental health nurse practitioner (PMHNP) certification exam, the American Academy of Nurse Practitioners (AANP) certification exam, or any other certification or licensure examination. PMHNPtesting.com / Clarity Education Systems and its employees, contractors, and agents are not responsible for the purchaser's score or grade on any examination. A refund will not be given if the purchaser fails any examination. Sessions may be recorded for quality assurance and improvement purposes only.

All promotions are subject to additional terms of service. You must read all terms associated with any promotions as additional rules may apply.

10. Restrictions on Use of Materials

You acknowledge that PMHNPtesting.com / Clarity Education Systems contains images, text, and other content (collectively, "Intellectual Property") that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and PMHNPtesting.com / Clarity Education Systems owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on the Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

Access to ALL materials, including all content within the Student Portal, is available to you and you alone. You are not permitted to share any account access with other individuals, teams, or any other entity. If detected, your account will be immediately suspended and deleted without the possibility of reestablishment. No refund will be made available, and PMHNPtesting.com / Clarity Education Systems reserves the right to pursue all available legal remedies, including but not limited to injunctive relief, statutory damages, and recovery of attorneys' fees and costs.

11. Copyright Policy

PMHNPtesting.com / Clarity Education Systems prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by e-mail to: dr.rossi@claritymhw.com

If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to PMHNPtesting.com / Clarity Education Systems at the email address shown above, giving a written statement that contains:

a. identification of the copyrighted work and/or intellectual property right claimed to have been infringed;

b. identification of the allegedly infringing material on the Site that is requested to be removed;

c. your name, address, and daytime telephone number, and an e-mail address if available;

d. a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;

e. a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and

f. the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right.

PMHNPtesting.com / Clarity Education Systems will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

12. Liability for Content

You hereby acknowledge and agree that PMHNPtesting.com / Clarity Education Systems (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Websites, and to the extent permissible by law, PMHNPtesting.com / Clarity Education Systems excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.

You hereby acknowledge and agree that PMHNPtesting.com / Clarity Education Systems cannot and does not review the Content created or uploaded by its users, and neither PMHNPtesting.com / Clarity Education Systems nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Websites for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.

PMHNPtesting.com / Clarity Education Systems and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against PMHNPtesting.com / Clarity Education Systems or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

13. Repeat Infringers

PMHNPtesting.com / Clarity Education Systems will suspend or terminate your access to the Websites if the Company determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Service.

If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Service, we will send you a written warning to this effect. Any user that receives more than two (2) of these warnings is liable to have their access to the Websites terminated forthwith.

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by PMHNPtesting.com / Clarity Education Systems at its sole discretion.

Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Service.

14. Limitation of Liability

IN NO EVENT SHALL PMHNPTESTING.COM / CLARITY EDUCATION SYSTEMS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE WEBSITES OR SERVICE, OR USE THEREOF. NOTHING CONTAINED IN THE WEBSITES OR IN ANY WRITTEN OR ORAL COMMUNICATIONS FROM PMHNPTESTING.COM / CLARITY EDUCATION SYSTEMS OR ITS EMPLOYEES OR AGENTS SHALL BE CONSTRUED TO MAKE ANY PROMISE, COVENANT, OR GUARANTY, ALL OF WHICH ARE EXPLICITLY DISCLAIMED HEREBY, CONTRARY TO THE STATEMENTS AND DISCLAIMERS CONTAINED IN THIS PARAGRAPH.

THE CONTENT AND FUNCTIONALITY ON THE WEBSITES AND THE SERVICES PROVIDED BY EMPLOYEES OF THE COMPANY ARE OFFERED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PMHNPTESTING.COM / CLARITY EDUCATION SYSTEMS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, COMPLETENESS OR ADEQUACY OF THE WEBSITES' CONTENT OR THAT THE FUNCTIONALITY OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM VIRUS OR THIRD PARTY ATTACK. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE WEBSITES AND THE SERVICE IS AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES SHALL PMHNPTESTING.COM / CLARITY EDUCATION SYSTEMS, ITS OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, INSTRUCTORS, OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF PMHNPTESTING.COM / CLARITY EDUCATION SYSTEMS HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL PMHNPTESTING.COM / CLARITY EDUCATION SYSTEMS HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; EXAM FAILURE OR POOR EXAM PERFORMANCE; LOSS OF PROFESSIONAL OPPORTUNITY; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF PMHNPTESTING.COM / CLARITY EDUCATION SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

Last Updated July 2026.