PNCB Terms of Service
Terms Updated September 5, 2025
IMPORTANT! YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. PLEASE READ THIS CAREFULLY!
YOUR USE OF AND ACCESS TO THE CONTENT, RESOURCES AND SERVICES MADE AVAILABLE BY THE PEDIATRIC NURSING CERTIFICATION BOARD (“PNCB”) ON THE PNCB WEBSITE, INCLUDING BUT NOT LIMITED TO ALL PNCB CERTIFICATION, CREDENTIALING AND PROFESSIONAL DEVELOPMENT SERVICES AND PROCESSES AND PNCB EXAMINATIONS, ARE CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE CERTIFICATION TERMS OF SERVICE AND ALL INCORPORATED ADDITIONIAL TERMS AND POLICIES (THE “TERMS OF SERVICE”).
The Pediatric Nursing Certification Board, Inc. (“PNCB”) has developed, offers, and provides pediatric nursing specialty certification and professional development programs that:
- require qualified nurses and nurse practitioners seeking PNCB certification to meet specified eligibility requirements and pass a secure examination to obtain any of the following PNCB certifications: Certified Pediatric Nurse (“CPN”), Acute Care Pediatric Nurse Practitioner (“CPNP-AC”), Primary Care Pediatric Nurse Practitioner (“CPNP-PC”), and Pediatric Primary Care Mental Health Specialist (“PMHS”).
- require nurses, nurse practitioners, and other enrollees to meet application requirements and complete modules to obtain a certificate.
- require nurses, nurse practitioners, and other enrollees to meet application requirements and complete an assessment to obtain a microcredential.
- require all certificants holding a PNCB certification or micro-credential to complete recertification or maintenance requirements to remain in active status.
Once certified by PNCB in accordance with its requirements and policies, certified nurses and nurse practitioners must also comply with ongoing certification standards in accordance with the requirements for the maintenance of each certification as determined by PNCB. PNCB provides examination, certification, maintenance of certification, and continuing professional education services through its website, www.pncb.org, which enables PNCB certification candidates, and PNCB-certified nurses to apply for PNCB certifications, register for and schedule PNCB examinations, update candidate information, and professional education and practice experience information relevant to their status, certification eligibility, and maintenance of certification, access certification credentials, and pay fees that may be due to PNCB (collectively, the “PNCB Certification Services”). Only persons applying for certification or maintaining a PNCB certification are permitted to use the PNCB Certification Services. “You” and “Your’ as used in these Terms of Service refers to the person accessing or using the PNCB Certification Services and entering into this contract with PNCB.
Your access to and use of the PNCB Certification Services is subject to the Terms of Service, as well as the PNCB Candidate Agreement, the PNCB Exam Candidate Handbook, the Code of Ethics, the PNCB Disciplinary Action and Appeal Policy, the PNCB Privacy Policy and all additional PNCB policies set forth on www.pncb.org, as they may be updated and revised from time to time, in PNCB’s sole discretion (collectively, the “Additional Terms”), all of which are incorporated by reference and made part of the Terms of Service. By accessing or using the PNCB Certification Services, you are acknowledging that you have read, understand, and will comply with the Terms of Service and the Additional Terms incorporated by reference. To the extent of any conflict between the Terms of Service and any Additional Terms, these Terms of Service shall take precedence and supersede any pre-existing or co-existing terms that may apply to the PNCB Certification Services.
When accessing or using the PNCB Certification Services, you also understand and agree to comply with each of the following terms:
- You are exclusively responsible for the security of your user credentials for your account on www.pncb.org.
- You will immediately notify PNCB via email at service@pncb.org if you have any reason to believe that user credentials or your account on www.pncb.org are no longer secure, or have been hacked or accessed by an unauthorized third party.
- You will provide accurate, complete and truthful information to PNCB about yourself, your education and your work, including Personal Information (as that term is defined and use in the PNCB Privacy Policy), in the course of accessing or using the PNCB Certification Services and, if any information that you previously provided to PNCB changes after you have provided it, you will promptly update your information in your PNCB account. You are authorizing PNCB and its affiliates and vendors to receive, use, store, transmit, display and process your Personal Information and other data as needed to provide the PNCB Certification Services and for PNCB’s other lawful and legitimate purposes in accordance with its Privacy Policy.
- You will promptly pay PNCB all applicable fees specified by PNCB for the PNCB Certification Services that you use.
- You are exclusively responsible for knowing, understanding and meeting all of the eligibility requirements for each PNCB certification for which you apply, including but not limited to all applicable professional education, licensure and practice requirements. Submitting an application for a PNCB certification for which you do not meet all eligibility requirements will not constitute grounds for a cancellation of the application and refund of the application fee.
- PNCB reserves the right to audit any application and related information that you submit to PNCB for any purpose and may take any steps reasonably required to verify the authenticity, accuracy and completeness of any information or documents submitted by you in relation to the PNCB Certification Services, including by contacting and communicating with colleges, universities, education providers, current and former employers and professional references.
- PNCB may investigate discrepancies in any information that you provide to PNCB in the course of accessing or using the PNCB Certification Services.
- You have read and will comply with the terms of the PNCB Candidate Agreement, provided in its entirety below.
Candidate Agreement (the “Candidate Agreement”) is a legally binding contract between you and the Pediatric Nursing Certification Board, Inc. (“PNCB”) that sets forth the terms and conditions under which PNCB will permit you to take any PNCB certification examination, including but not limited to the examinations offered to eligible Candidates for the following PNCB certification programs: Certified Pediatric Nurse (“CPN”), Acute Care Pediatric Nurse Practitioner (“CPNP-AC”), Primary Care Pediatric Nurse Practitioner (“CPNP-PC”), and Pediatric Primary Care Mental Health Specialist (“PMHS”) (collectively, the “PNCB Exams” and each, a “PNCB Exam”). You must read, acknowledge and accept the terms of this Candidate Agreement before you are permitted to register for, schedule and take any PNCB Exam. If you do not agree to the terms of this Candidate Agreement, you will not be permitted to register for or take any PNCB Exam. Adherence to the Candidate Agreement is necessary to enable PNCB to maintain fair examinations, ensure the validity of examination results and maintain the integrity and value of PNCB professional certifications.
By clicking on the ‘I AGREE’ button at the end of the Candidate Agreement, you are affirming to PNCB that all of the below representations and statements to PNCB are true and correct, and you are acknowledging that you have read and understand all of these requirements, rules and policies, and that you understand them and agree to abide by them.
I affirm that I am the person whose name and address appear on my PNCB certification application, my registration for this PNCB Exam, and the government-issued photo identification that I will present or have presented for admission to the examination. At the time I created an account on www.pncb.org, I read and accepted the Certification Terms of Service, and I understand that my participation in a PNCB Certification Program (including but not limited to Certified Pediatric Nurse (“CPN”), Acute Care Pediatric Nurse Practitioner (“CPNP-AC”), Primary Care Pediatric Nurse Practitioner (“CPNP-PC”), and Pediatric Primary Care Mental Health Specialist (“PMHS”), including the certification application process, is governed by the PNCB Terms of Service, as well as the terms contained in this Candidate Agreement, the PNCB Exam Candidate Handbook and the applicable Certification Requirements and Online Certification Instructions (collectively, the “Additional Terms”), and I agree to abide by the Additional Terms, which are made part of and incorporated into the Candidate Agreement. I am taking the PNCB Exam for the purpose of pursuing the PNCB certification for which I have applied, and for no other purpose. I affirm that I am not taking the PNCB Exam on behalf of any other person. I affirm that all information that I provided to PNCB at the time of my certification application and my registration for this examination and at any time thereafter was complete, accurate and true in every respect and that, if any of the information that I previously provided to PNCB has changed since the time I provided it, I have submitted updated information that is complete, accurate and true, and reflects all such changes. I understand that providing false, misleading or incomplete information to PNCB shall be considered a violation of the Candidate Agreement and will subject me to one or more of the consequences provided herein for violations of the Candidate Agreement.
As a condition of taking the PNCB Exam in-person at a test center, I am subject to verification of my identity and security screening prior to admission and re-admission to the building and/or room where the PNCB Exam is administered. I further understand and agree that the security screening process for in-person testing at a test center will include requiring me to: (1) produce a valid government-issued personal photo-identification that complies with PNCB’s identification policies set forth in the Examination Handbook; (2) remove any backpack, bag, jacket, non-corrective eyewear, jewelry, sunglasses, coat, hooded sweatshirt, scarf, headwear or hat that I may be wearing or holding (except for a genuine religious purpose) and secure them in a locker or locked bag provided at the test center, (3) turn in and/or secure all wristwatches, cell phones (unless PNCB has previously issued a written approval for an ADA accommodation that requires my use of a cell phone or mobile connected device for the sole purpose of monitoring a medical condition) and all other personal electronic devices in a locker, (4) submit corrective eyewear for inspection by a test administrator, (5) demonstrate that no prohibited items are concealed in any part of your clothing or hair; (6) be subject to screen monitoring, video surveillance, behavior and activity documentation, (7) comply at all times with the security screening requests and instructions of the test center administrator and staff; and (8) comply at all times with any new PNCB exam candidate policies or test center policies enacted after signing this agreement. I will not be permitted to take or resume taking the examination if I refuse to submit to security screening as described above prior to entering the room where the PNCB Exam is administered, at the sole discretion of test administrators.
PNCB permits Candidates to take the PNCB Exam for the Certified Pediatric Nurse (“CPN”) and Pediatric Primary Care Mental Health Specialist (“PMHS”) via remote proctored exam administrations through a test administration vendor approved by PNCB . I understand and agree that if I am taking a remote online proctored PNCB Exam through PNCB’s approved test administration vendor, I have the sole and exclusive responsibility to ensure that I have the required computer device that includes a compatible camera and microphone, computer operating system, software, browser, uninterrupted Internet connection and electric power required to take the PNCB Exam remotely. I understand that these requirements are explained in detail in the handbook, and in further technical detail at links included in the Handbook to additional online resources provided by PNCB’s approved test administration vendor. I acknowledge that it is entirely my responsibility to create a suitable testing environment and successfully complete the test administration vendor’s system check prior to taking a remote online proctored PNCB Exam, which is available at https://syscheck.bridge.psiexams.com. I have carefully reviewed additional details and requirements about PNCB’s remote online exam administration process and procedures in the Handbook and the test administration vendor’s technical requirements. I understand that PNCB is not responsible for any technical problems with my computer devices, camera, microphone, operating system, software, browser, Internet connection or electric power that may interrupt, delay, or interfere with my ability to start, take or complete a remote online proctored PNCB Exam. If I experience a technical problem in any of these areas during the administration of a remote online proctored PNCB Exam, I understand that I must notify the remote proctor immediately, and follow the proctor’s instructions.
PNCB, its authorized and trusted test centers and test administration vendors and partners acting on behalf of PNCB will take and use still digital photographs of me, video and audio recordings of me, and collect and use other personally identifiable information from me and about me for the purpose of monitoring, administering, proctoring and/or supporting PNCB Exam administrations, all of which will be retained and processed as part of my PNCB Exam administration records. For remote online proctored PNCB Exams, PNCB’s authorized and trusted test administration vendors, partners, test administrators and proctors acting on behalf of PNCB will monitor live video and audio feeds of me and the physical location where I am testing (for example, the room in my home or office where I will test) all of which will be recorded, processed and retained as part of my PNCB Exam administration records. I understand that if PSI observes or detects certain prohibited actions or conditions during a remote online proctored PNCB Exam administration, my exam administration may be terminated and PNCB may take action against me under this Candidate Agreement. Such prohibited conduct is set forth in detail at https://www.pncb.org/sites/default/files/resources/PNCB_Exam_Appointment_Issues_List.pdf. I understand and agree that if I am taking a remote online proctored PNCB Exam from my home or office, I am obligated to take and submit digital photographs of my testing environment, my government-issued valid photo identification and my face. I understand that I can obtain additional information concerning the collection, transmission, processing and retention of my personal data (including, without limitation, photographs and video and audio recordings) by reading PNCB’s Privacy Policy.
I understand and agree that the following conduct, whether attempted or completed before, during or after administration of a PNCB Exam, is strictly prohibited:
- Copying, capturing, recording, collecting, reconstructing, memorizing, discussing, soliciting, transmitting, broadcasting, streaming, or distributing PNCB Exam content;
- Giving or receiving unauthorized assistance on a PNCB Exam;
- Viewing the content of another examinee’s computer display or dry erase board or examination papers during a PNCB Exam administration;
- Possessing or accessing prohibited items while inside a room where a PNCB Exam is being administered;
- Taking a PNCB Exam on behalf of another person;
- Having another person take a PNCB Exam on my behalf;
- Accessing a large language model or generative artificial intelligence platform (for example, but not limited to, “ChatGPT”) by any means during a PNCB Exam administration;
- Possessing, accessing or using a cellular phone or any device that connects to a cellular network or the Internet while inside a room where a PNCB Exam is being administered or in any location during unscheduled examination breaks, other than the computer on which I am taking the examination (unless PNCB has previously issued a written approval for an ADA accommodation that requires my use of a cell phone or mobile connected device for the sole purpose of monitoring a medical condition);
- Possessing, accessing or using any electronic device, camera, recording device, or photographic equipment of any kind while inside a room where a PNCB Exam is being administered;
- Possessing, accessing or using any books, notes, papers, note-taking materials, study materials or test-taking aids of any kind while inside a room where a PNCB Exam is being administered or in any location during unscheduled examination breaks;
- Creating handwritten or electronic notes during an exam administration in any medium, format or manner that can be removed or transmitted from the test center, including during breaks;
- Failing or refusing to submit to security screening or the inspection of personal items upon request by a test administrator or test center staff at any time prior to or during a PNCB Exam administration;
- Failing or refusing to strictly comply with the instructions and requests of a test administrator or test center staff at any time prior to or during a PNCB Exam administration;
- Engaging in disruptive, threatening, abusive or disrespectful behavior in or near any building where a PNCB Exam is being administered;
- During a remote online proctored exam administration, engaging in any of the prohibited conduct or allowing any of the prohibited conditions set forth at https://www.pncb.org/sites/default/files/resources/PNCB_Exam_Appointment_Issues_List.pdf; and
- Talking or communicating with anyone other than a test administrator or test center staff while inside a room where a PNCB Exam is being administered.
Engaging in any of the above-described prohibited conduct shall be considered a violation of the Candidate Agreement. I will follow the instructions and requests of all test administrators and test center staff, and understand that my failure or refusal to follow instructions or comply with requests from a test administrator or proctor shall be considered a violation of the Candidate Agreement.
I affirm that I am not taking this PNCB Exam in my capacity as a test preparation agent or tutor, or for the purpose of obtaining such employment. I affirm that I will not be employed as a test preparation agent or tutor for PNCB Exams for a period of three (3) years following the completion of any PNCB Exam.
I am aware that PNCB Exams are confidential exams, and that their contents are disclosed to me at the time of test administration in a limited context to permit me to test in pursuit of the PNCB certification for which I have applied, and for no other purpose. I understand that PNCB Exams, questions, reading passages, answer choices, graphic images and all related examination content contained within PNCB Exams (“PNCB Examination Content”) are protected by United States and international copyright laws and that PNCB Examination Content is a trade secret under United States and international law. I agree that I will not discuss or disclose PNCB Examination Content orally, in writing, on the Internet, or through any other medium existing today or invented in the future. I agree that I will not copy, reproduce, adapt, disclose, or transmit PNCB Examination Content, in whole or in part, or assist or solicit anyone else in doing the same. I further agree that I will not reconstruct PNCB Examination Content from memory, by dictation, or by any other means, for any purpose. I understand that prohibited acts under these terms include, but are not limited to: describing questions, answer choices, hypothetical scenarios, reading passages, images or graphics from any PNCB Exam; identifying terms or concepts contained in exam questions or responses; sharing answers to questions; entering PNCB Examination Content into a large language model or generative artificial intelligence platform; referring others to information I saw on the exam; reconstructing a list of topics on the test; and soliciting or discussing exam questions, answer choices, reading passages, images, graphics, or topics in person, through telephonic or electronic communication, or on Internet ”chat” rooms, social media, private or public groups, message boards, forums, or through any other means of communication.
I am not permitted to possess, solicit, read, study from, study or otherwise use confidential information about PNCB Exams during my own exam preparation. I affirm that I have not engaged in such conduct prior to taking this PNCB Exam and that I will not engage in such conduct during or after the exam. I also agree not to ask any other individual to disclose PNCB Examination Content to me or to seek out actual live, confidential PNCB Examination Content from any other source. I agree that if I receive or have access to information or material in any form and from any source, including but not limited to email, instant messages, text messages, website content, social media posts, electronic bulletin boards, Internet-based groups, digital or electronic files and/or paper documents, that I reasonably believe contains confidential PNCB Examination Content, or has been represented to contain PNCB Examination Content, I will immediately report its existence to PNCB. I agree that I will fully cooperate with any investigation by PNCB related to my receipt or access to information believed or represented to contain PNCB Examination Content.
PNCB reserves the right to use statistical and psychometric analyses to evaluate the validity of examination response data and scores. PNCB utilizes these reliable scientific methods to determine whether scores should be withheld, invalidated, canceled or investigated further to determine whether a candidate violated the terms of the Candidate Agreement. I further understand and agree that, if PNCB has a reasonable basis to question the validity of any PNCB Exam response data or examination result, whether identified through the use of statistical analysis, psychometric analysis or any other reliable method or source of information, PNCB reserves the right, in its sole discretion, to withhold, cancel and invalidate examination scores, without any requirement to demonstrate that I or any other candidate violated the terms of the Candidate Agreement. I agree that if PNCB invalidates my examination score, I have no right to appeal PNCB’s decision under this Agreement or any other policy of PNCB, I will not be entitled to a refund for the examination, and I will be required to pay the established fee to take the examination again, if I am permitted by PNCB to take the examination again.
PNCB reserves the right to, but is not obligated to, investigate any alleged violation of this Candidate Agreement or any alleged activity or circumstance that may compromise the validity, integrity, or security of any portion of a PNCB Exam, or the results thereof. Upon receiving notice from PNCB that it is conducting an investigation related to the examination, I understand and agree that I am required to:
- fully cooperate with the investigation;
- disclose to PNCB all knowledge that could potentially relate to the investigation;
- produce all documents, data, and materials reasonably requested by PNCB;
- upon request, submit to an in-person or remote interview, in PNCB’s sole discretion, conducted by or on behalf of PNCB; and
- truthfully and completely answer all questions asked by PNCB.
I also understand and agree that if I provide false or misleading information to PNCB at any time, violate the terms of this Candidate Agreement, refuse to comply with any directions given to me by a test administrator, engage in any activity that may compromise the validity, integrity, or security of any PNCB Exam, or fail to fully cooperate in any investigation related to PNCB Exams, that PNCB may, in its sole discretion, directly or through its authorized representatives:
- Interrupt, suspend, and/or terminate the administration of my PNCB Exam;
- Confiscate any item from me during a PNCB Exam administration that a test administrator reasonably believes constitutes or contains evidence of a potential violation of this Candidate Agreement, including, but not limited to, notes, electronic devices, and other prohibited items;
- Withhold, cancel or invalidate my examination scores, before or after the scores are reported, without a refund;
- Prohibit or disqualify me from taking PNCB Exams for a fixed period of time or permanently;
- Impose special conditions of taking future PNCB Exams.
- If I previously passed any PNCB certification exam and obtained any PNCB certification, suspend or revoke all of my PNCB certifications for a fixed period of time or indefinitely; and
- Pursue a civil lawsuit against me based upon my conduct in violation of the Candidate Agreement and/or refer the matter for criminal prosecution by state and/or federal authorities or any government agency with jurisdiction.
PNCB may enforce the terms of this Agreement without limitation and is not required to take action in response to violations of this Agreement under its Disciplinary Action and Appeals Policy, nor does a Candidate have the right to invoke the Disciplinary Action and Appeals Policy in connection with violations of this Agreement. If PNCB determines in its sole discretion that a Candidate has violated any part of this Agreement and takes action against the Candidate under the terms of this Agreement, the Candidate shall not have the right to appeal any such finding or action imposed by PNCB.
I will not represent myself as certified by PNCB unless and until I receive an official written communication from PNCB advising me that PNCB has validated my PNCB Exam score and determined that I have met all requirements of certification and that PNCB has granted me a certification for which I have applied and issued a corresponding PNCB certification number to me.
By clicking the button on the screen that reads “I AGREE” below, I am representing to PNCB that all of the prior information, statements and affirmations that I have provided to PNCB are true and correct, including but not limited to all of the affirmations contained in this Candidate Agreement. I am further confirming my agreement to all of the terms and conditions set forth in this
Candidate Agreement, including, without limitation, the consequences for making false or misleading statements to PNCB, and for violating any term of this Candidate Agreement.
If there is any part of this Candidate Agreement that you do not understand or agree with, you are not permitted to register for or take any PNCB Exam.
- As part of your application for PNCB certification and/or maintenance of certification, you are also making the following representations and acknowledgments to PNCB:
- I will read and abide by the requirements of certification set forth on www.pncb.org and in the PNCB Exam Candidate Handbook.
- If PNCB grants certification to me in accordance with its policies, I will:
- read and comply with the Code of Ethics;
- only make claims regarding certification that are within the specific PNCB certification program for which the certification has been granted by PNCB and I will not make any claims regarding my certification that are false or misleading;
- not use PNCB certification in such a manner as to bring PNCB into disrepute, as determined in PNCB’s sole discretion;
- only use the PNCB name and certification trademark (for the certification granted to me) in accordance with PNCB’s written trademark use policy and I will not use the PNCB name or its trademarks in any manner that is misleading; and continue to comply with the PNCB Exam Candidate Agreement, refrain from all prohibited conduct identified in the PNCB Exam Candidate Agreement in relation to PNCB Exams and not aid or assist any other person in violating any term of the PNCB Exam Candidate Agreement.
- In the event of the suspension, revocation, or voluntary withdrawal of my PNCB certification for any reason, I will cease and desist using the PNCB certification and all related marks, including all PNCB trademarks logos, badges and electronic or paper certificates issued by PNCB, and refrain from communicating or implying in any way that I am certified by PNCB.
- You are authorizing PNCB to communicate with you via postal mail, private carriers including but not limited to FedEx, email and text messages (additional charges by your cellular service provider may apply) to provide you with information regarding the PNCB Certification Services, including but not limited to: (a) transactions between you and PNCB; (b) notices about the PNCB Certification Services and PNCB examinations; (c) updates to the PNCB Certification Services; (d) administrative messages and other information; and (e) advertising, marketing, and other materials regarding PNCB's products and services.
- You will only use and identify the PNCB certification that PNCB has issued to you and you will comply with all PNCB maintenance of certification requirements published by PNCB.
- If you violate the Terms of Service, PNCB may, in its sole discretion, pursue any remedy available to it under these Terms and all Additional Terms incorporated by reference, prohibit you from using the PNCB Certification Services, prohibit you from using your account on www.pncb.org, prohibit you from registering for, scheduling or taking any PNCB certification examination, refuse to issue a PNCB certification to you, revoke, suspend or terminate any or all PNCB certifications that you may hold, and take any and all other legal actions available to it under the circumstances and applicable law.
- PNCB may enforce the Terms of Service without limitation and is not required to take action in response to violations of the Terms of Service under its Disciplinary Action and Appeal Policy, nor do you have the right to invoke the Disciplinary Action and Appeal Policy in connection with violations of the Terms of Service. If PNCB finds in its sole discretion that you have violated the Terms of Service and takes action against you pursuant to the Terms of Service, you shall not have the right to appeal any such finding or action imposed by PNCB.
- There are certain things that PNCB does not promise about the PNCB Certification Services. Other than as expressly stated, PNCB does not make any commitments about the specific functionality available through the PNCB website or Certification Services, their reliability, availability, accuracy or ability to meet your needs.
- TO THE EXTENT NOT PROHIBITED BY LAW, PNCB AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE PNCB CERTIFICATION SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE PNCB CERTIFICATION SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE INFORMATION YOU PROVIDE TO USE THE PNCB CERTIFICAITON SERVICES WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
- IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PNCB CERTIFICATION SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PNCB CERTIFICATION SERVICES.
- To the extent not prohibited by law, you will hold harmless, indemnify and defend PNCB and its officers, directors and employees against any cost, expense, loss, damage, or other liability arising from any third party demand or claim (including reasonable attorneys’ fees and costs of defense) that any professional services provided by you that relate to the PNCB Certification Services, or your use of the PNCB Certification Services, caused or contributed to the death or personal or bodily injury of another human being. PNCB will reasonably notify you of any such claim or demand that is subject to your indemnification obligation of which it becomes aware.
- TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL PNCB OR ITS AFFILIATES, OFFICERS, DIRECTORS, SUBSIDIARIES, VENDORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF PNCB HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
- THE AGGREGATE LIABILITY OF PNCB AND ITS AFFILIATES, OFFICERS, DIRECTORS, SUBSIDARIES, VENDORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS RELATING TO THE PNCB CERTIFICATION SERVICES WILL BE LIMITED TO THE GREATER OF: (A) THE AMOUNT ACTUALLY PAID BY YOU FOR THE PNCB CERTIFICATION SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS; OR (B) ONE HUNDRED DOLLARS ($100 U.S.D.). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
- THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN ANY JURISDICTION WHERE THE ABOVE TYPES OF EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE NOT ALLOWED, PNCB IS RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF PNCB’S FAILURE TO USE REASONABLE SKILL AND CARE OR PNCB’S BREACH OF OUR AGREEMENTS WITH YOU.
- NOTHING IN THESE TERMS AFFECTS CONSUMER RIGHTS THAT CANNOT BY LAW BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
- You agree that your relationship with PNCB and all disputes arising out of or related to the Terms of Service or the PNCB Certification Services will be governed by the laws of the United States of America and the State of Maryland, regardless of conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code, the Uniform Computer Information Transactions Act, and any law related to these conventions do not apply to these Terms of Service or the PNCB Certification Services. Claims arising out of or related to the Terms of Service, your relationship with PNCB and any disputes arising out of or related to the PNCB Certification Services or PNCB can only be litigated in the federal or state courts in Montgomery County, Maryland, USA and you and PNCB each agree to personal jurisdiction and venue in those courts. However, you agree that PNCB can apply for injunctive remedies in any jurisdiction.
- To the extent that this provision is not in conflict with applicable law, you hereby waive any and all rights you may have to bring a class action against PNCB and further agree that you may only resolve disputes with PNCB on an individual basis and will not bring a claim or proceed as a plaintiff or a class member in a class, consolidated, or representative action against PNCB.
BY CLICKING THE "I AGREE" BUTTON ON THE APPLICTION, ACCESSING OR UTILIZING THE PNCB CERTIFICATION SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, THE CANDIDATE AGREEMENT AND ALL INCORPORATED ADDITIONAL TERMS AND PNCB POLICIES.
IF YOU DO NOT ACCEPT THE TERMS OF SERVICE, DO NOT CLICK THE "I AGREE" BUTTON AND DO NOT USE THE PNCB CERTIFICATION SERVICES.