Terms & Conditions
TERMS & CONDITIONS: Your purchase, enrollment in and use of products, services and events (“Programs”) sold by Primary Enterprising LLC (“Primary Enterprising”) and your access to Primaryenterprising.com and their respective subdomains (the “Site(s)”) are subject to these terms and conditions (“Terms”). If You purchase a Program for use by another, these Terms govern both You and other(s) who use any Program you purchase (collectively, “You”). By accessing Site and/or purchasing and/or using Programs, you agree to be bound by the Terms, which is an agreement between Primary Enterprising and You. Site is intended for U.S. residents. The term “class” is defined as any class, course, etc.
Program Fees: You agree to make full payment for Programs in the amount(s) listed in your shopping cart, the Order Confirmation email you will receive or as communicated by Primary Enterprising representatives during registration. You must complete payment prior to commencing the Program
Higher Score Guarantee: If a customer purchases a Higher Score Guarantee (HSG) eligible program from Primary Enterprising, we guarantee that the customer will achieve a higher test score (compared to the previous test score the customer earned taking the same test). If the customer does not achieve a higher test score, then the customer is eligible for a full refund of any corresponding program costs, applicable taxes, and fees. The following Primary Enterprising programs offer a Higher Score Guarantee (HSG): exam prep services. (The following Primary Enterprising programs do not offer a Higher Score Guarantee (HSG): non-test prep category courses.). The following information outlines the terms of the Higher Score Guarantee program. As a first-time Primary Enterprising student, you enroll in and complete an HSG-eligible program for which you have paid in full. (Note: only first-time Primary Enterprising customers are eligible for the HSG. Repeat customers who have previously purchased an HSG-eligible program are not eligible for the HSG.) You establish a baseline test score by emailing a legible copy of your previous official test results to email@example.com. Once you complete the HSG-eligible program and retake the official test, you must email a legible copy of your new official test results to firstname.lastname@example.org. These test results must be received by Primary Enterprising within 30 days of the date you completed the HSG-eligible program. To be eligible for a full refund, this same email must also include the customer’s request for a refund, along with the following information: participant’s first and last name, the specific name and any applicable date of the program for which the refund is being sought, the first and last name of the individual that paid for the service (the purchaser), a valid contact phone number for the participant and the purchaser, and a valid email for the participant and the purchaser. After a refund is approved by Primary Enterprising, Primary Enterprising then has up to 30 days to process the approved refund. HSG is not a promise or representation by Primary Enterprising of any outcome, score or increase and is solely an opportunity (where applicable) to qualify for money back. Primary Enterprising does not guarantee acceptance to any school or residency program, passage of any exam or any other such outcome. Courses provided by Primary Enterprising affiliates, resellers, or third parties are not part of the Higher Score Guarantee program, and thus are not eligible for any refund.
Quality Service Guarantee: If the participant of a class is dissatisfied with the quality of service received, then that participant can receive a full refund of any corresponding class costs, applicable taxes, and fees. To be eligible for this full refund, the participant must request a refund in writing by sending an email to email@example.com. This email must contain the following information to be eligible for a refund: participant’s first and last name, the specific name and date of the service for which the refund is being sought, the first and last name of the individual that paid for the service (the purchaser), a valid contact phone number for the participant and the purchaser, and a valid email for the participant and the purchaser. This request for a refund email must be received by Primary Enterprising within 24 hours after the course is completed. For example, if a course is completed at 3pm local time on Monday, then Primary Enterprising must receive a refund request email from the participant by 3pm local time on that Tuesday. Any refund request email received after 3pm local time on that Tuesday would be ineligible for a refund. After a refund is approved by Primary Enterprising, Primary Enterprising then has up to 30 days to process the approved refund. Courses provided by Primary Enterprising affiliates, resellers, or third parties are not part of the Quality Service Guarantee program, and thus are not eligible for any refund.
Cancellations & Refunds: Refunds & cancellation are not allowed. As soon as a product is purchased, it is final sale.
Intellectual Property: All Programs and the Site(s) are owned by Primary Enterprising and its licensors. Programs are for your personal and non-commercial use only. You may not enroll in or use any Program for the benefit of any competitor of Primary Enterprising. Programs may not be shared, re-sold, reproduced, re-published, modified, transferred or distributed in any way without Primary Enterprising’s prior written permission. All books, video, audio, text, questions, explanations, diagrams, images, animations and other content that You receive or to which You have access during your Program or through use of the Site(s), regardless of medium or format, (collectively, “Program Content”), are protected by copyright law and belong to Primary Enterprising and its licensors. You may not download, record, screenshot, copy or reproduce Program Content in any way. You may not make any audio and/or video recording of a class or any part of your Program. You may not attempt to decompile, reverse engineer, scrape or data mine Programs. The trademarks, service marks, designs, and logos displayed on the Sites and in Programs are the registered and unregistered trademarks of Primary Enterprising, Primary Enterprising’s licensors and Third-Party Sellers and may not be used without Primary Enterprising’s prior, written permission. Third Party Products are owned by such Third Parties and their respective licensors.
Programs may include digital access to Program Content. Subject to your compliance with these terms and conditions, Primary Enterprising grants You a limited, personal, non-exclusive, revocable and non-transferable license to access Program Content during the access period of your Program.
Links: You may be able to link from the Site to third party websites and third-party web sites may link to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us.
User Content: If You submit comments, photos and other content to us (“User Content”) through Site(s), social media communities, survey responses, email or otherwise, You grant us an irrevocable, royalty-free, perpetual, transferable, license to use, modify, create derivative works from, publish, display and sublicense User Content, in whole or in part, in any format and on any platform either now known or hereinafter invented, and to associate User Content with your name and/or likeness. You are solely responsible for your User Content. You represent that You have the right to submit User Content to us and the right to grant us the license described above. You warrant that User Content, and our use thereof, does not and will not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.
Copyright Policy: If you are a copyright owner or agent thereof and believe that content on the Site(s) infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 ©) to our Copyright Agent with the following information: (I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (II) a description of the copyrighted work that you claim has been infringed; (III) the URL of the location containing the material that you claim is infringing; (IV) your address, telephone number, and email address; (V) 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; and (VI) 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.
Our Copyright Agent can be reached as follows:
Passwords: When You set up a Primary Enterprising account, you must choose a password. You are solely responsible for maintaining the confidentiality of your password and for any and all use of your account. You agree not to disclose your password to any third party. Primary Enterprising has the right to terminate your account for any reason at our sole discretion without notice to You.
Mobile Devices, Phone Calls & SMS: If You provide Primary Enterprising with a telephone number, such as when You purchase, enroll in or use a Primary Enterprising Program, you agree that Primary Enterprising may contact You about your Program and about other Programs and opportunities by telephone and/or text message utilizing automated technology at such telephone number(s). You understand that this consent is not required to purchase goods or services from Primary Enterprising. If you wish to stop receiving SMS messages, email firstname.lastname@example.org
Programs may offer Content and features that are available via a mobile device. Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
Technical Requirements: You will be responsible for meeting and maintaining the minimum technical requirements for your selected purchase in order to access certain features of your Program. Access to Programs may require internet access, for which Primary Enterprising is not responsible.
Student Code of Conduct: Primary Enterprising may remove from Programs students whom Primary Enterprising deems in its discretion to be disruptive to the learning environment, dangerous to other students, have acted in a manner that shows lack of dignity and respect for faculty and/or students, violated any intellectual property rights of Primary Enterprising or others, or have engaged in academic misconduct, such as cheating or violating confidentiality. Students removed from Programs for violations of the Code of Conduct are not eligible for refunds.
Disclaimer and Limitation of Liability: PROGRAMS ARE PROVIDED “AS IS” AND PRIMARY ENTERPRISING DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. IN NO EVENT SHALL PRIMARY ENTERPRISING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, EVEN IF PRIMARY ENTERPRISING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PRIMARY ENTERPRISING’S TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU FOR YOUR PROGRAM.
Arbitration & Class/Collective Action Waiver
Any and all disputes arising from or related to this Agreement, including whether the dispute is arbitrable and the scope of this arbitration agreement, shall be finally resolved by arbitration administered by a single arbitrator under the then-applicable rules of the American Arbitration Association (as modified herein) in accordance with the Federal Arbitration Act. The arbitration shall be governed by and construed by federal law to the fullest extent possible. Unless otherwise agreed by the parties, the arbitration shall take place in Stillwater, Minnesota, or in the largest U.S. city closest to Stillwater, Minnesota.
By accepting employment with Primary Enterprising under this Agreement, to the maximum extent permitted by law, should You wish to initiate a legal action against Primary Enterprising in arbitration, You waive any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which Primary Enterprising or a related entity is a party. The same applies to Primary Enterprising’s legal actions against You. Thus, You and Primary Enterprising agree that each may bring claims in arbitration against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class. Further, unless both You and Primary Enterprising agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over a representative or class proceeding.
Export: Software related to or made available by the Program may be subject to United States export controls. Thus, no software from the Program may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
Tax: Purchases may be subject to taxes in many states. Tax rates are different from state to state. You are responsible for paying all such taxes.
These Terms supersede all prior oral or written agreements and constitutes the entire agreement between the parties. Terms cannot be changed or modified orally. If any provision of Terms is found to be unenforceable for any reason, such provision shall be construed by limiting it to make it enforceable to the maximum extent permitted by law, and the remainder of Terms shall continue in full force and effect.
Contact: All comments, queries and requests relating to these Terms and Conditions are welcomed and should be addressed as follows: