The Institutes Website Terms & Conditions of Use Agreement
("Terms of Use")

Updated Effective: July 21, 2025

BY AGREEING TO THESE TERMS & CONDITIONS, YOU AGREE TO AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. THESE PROVISIONS REQUIRE THAT DISPUTES BE RESOLVED INDIVIDUALLY IN BINDING ARBITRATION OR SMALL CLAIMS COURT. DISPUTES IN ARBITRATION AND SMALL CLAIMS COURT ARE RESOLVED WITHOUT A JURY TRIAL AND WITH LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT.

 

The Institutes, its subsidiaries, and its affiliated or controlled organizations (collectively, “The Institutes”) are committed to meeting the evolving professional development needs of the risk management and insurance community by preparing individuals to fulfill their professional and ethical responsibilities by offering customer-focused and innovative educational, research, networking, and career resource solutions. The Institutes maintain website(s) (each a “Website”) as important resources for the public, its students and the risk management and insurance community. These Terms of Use apply to all Websites maintained by The Institutes.

 

Agreement

By accessing this Website, you agree to the terms and conditions set forth in these Terms of Use.  If you do not agree with the terms and conditions set forth below, you are hereby instructed not to access or use information provided by the Website, to submit information to the Website, use our services or to engage in any transactions through the Website. The Institutes reserves the right to change these Terms of Use from time to time. The current Terms of Use will always be posted on the Website, and you may view them at any time through the link at the bottom of any public page of the Website.

 

Description of Service

The Website consists of several sections, some of which may have restricted access.  Respect the security of this Website. Do not attempt to gain access to areas private to The Institutes Knowledge Group, its students, certificate holders, designees or customers.

 

Intellectual Property

The entire contents and design of the Website, including all trademarks, service marks, logos, trade names, documents, study guides and other education materials, exam questions and materials, databases, graphic representations, and other information, are the property of The Institutes, or are used by The Institutes with permission, and are protected under U.S. and international copyright and trademark laws, whether or not a notice of copyright, trademark, or other proprietary rights appears on the screen displaying the information. Except as otherwise provided herein, users of the Website may save and use information contained on the Website only for personal or other non-commercial, educational purposes. No other use, including, without limitation, reproduction, retransmission, or editing, of Website information may be made without the prior written permission of The Institutes, which may be requested by contacting The Institutes at CustomerSuccess@TheInstitutes.org.

Anyone who believes that material posted on The Institutes Website infringes on his or her (or their organization’s) copyrighted work should refer to the Procedures for Requesting Removal of Infringing Material.

The following professional designations and program names are registered trademarks of The Institutes Designations, LLC: AAI®, AFSB®, AIDA®, Associate in Insurance Data Analytics®, AINS®, AMIM®, ANFI®, APA®, CPCU®, CPPA®, Certified Professional Public Adjuster®, PRC®, SPPA®, Senior Professional Public Adjuster®, and WCCP®. 

 

Limitation of Liability

In no event shall The Institutes or its officers, directors, members, staff, or agents be liable for any damages of any kind, including, without limitation, any special, incidental, indirect, or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of, or in connection with, the use or performance of the Website or any content appearing on the Website.

 

Disclaimer

The Institutes Knowledge Group is providing information and services on this Website as a benefit and service in furtherance of The Institutes non-profit and tax-exempt status. The Institutes make no warranty, guaranty, or representation regarding the accuracy, content, completeness, reliability, operability, or legality of information contained within the Website, including, without limitation, the warranties of merchantability, fitness for a particular use, and non-infringement of proprietary rights. The information, opinions, and recommendations presented within the Website are for general information only.  Unless specifically stated otherwise, The Institutes do not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned on the Website, and information from the Website should not be referenced in any way to imply such endorsement or approval. Moreover, The Institutes make no warranty that the Website, or the server that makes it available, is free from viruses, worms, or other elements or codes that manifest contaminating or destructive properties. The Institutes expressly disclaims any and all liability or responsibility for any direct, indirect, incidental, consequential, special, or other damages arising out of any individual’s use of, reference to, reliance on, or inability to use the Website or the information presented on the Website.  In any jurisdiction that does not permit such a disclaimer of liability, The Institutes liability shall be limited to the greatest extent allowed by applicable law.

 

Links to Third-Party Sites

Links or pointers connecting the Website with other Internet sites are provided as a courtesy only and do not imply, directly or indirectly, the endorsement, sponsorship, or approval by The Institutes of the linked site, the organization or individual operating the linked site, or any product, service, individual, or organization referenced in the linked site. In general, any website that has an address (or URL) that does not contain “theinstitutes.org” is a linked site. The content of any linked site does not necessarily reflect the opinions, standards, or policies of The Institutes. Linked sites are not under the control of The Institutes, and The Institutes are not responsible for the content of any linked site, any links contained within a linked site, any changes or updates to such sites, or the compliance with applicable laws of such linked sites.

 

Privacy Policy

The Privacy Policy available on this Website is incorporated herein by this reference. By agreeing to these Terms & Conditions, you expressly agree to our Privacy Policy. Please read our Privacy Policy for more details.

 

Governing Law

This Agreement is entered into and performed in the Commonwealth of Pennsylvania, United States of America, and is governed by the laws of Pennsylvania, exclusive of its choice of law or conflict of laws provisions.

 

Binding Individual Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.

  1. Disputes that Must Be Arbitrated 

    This agreement applies to any “Dispute” between you and The Institutes (in this section, the “Company”).  “Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below) between you and Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either of us seeks legal recourse, including the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.

    The exceptions to this arbitration requirement are: (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) an action to compel or uphold any prior arbitration decision; (iv) your or Company’s right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (v) claims of intellectual property infringement; (vi) claims that are the subject of a proposed class or collective action settlement in any court; (vii) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (viii) certain roles expressly specified for courts in the terms below.

  2. Informal Resolution 

    If you have a Dispute against Company or if Company has a dispute against you, Company will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and Company will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days (“Informal Resolution”) from the day you or Company receive a written notice of a dispute from the other party (a “Notice of Dispute”) in accordance with these Terms.

    You must send any Notice of Dispute to the following address:
    The Institutes 
    ATTN: Notice of Dispute
    720 Providence Road, Suite 100
    Malvern, PA  19355-3433 

    Company will send any Notice of Dispute to your registered email address and ATTN: NOTICE OF DISPUTE to the email address and any address you have provided Company. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names or numbers), and what resolution to the Dispute is being sought. 

    The Notice requirement is designed to allow Company (or you, in the case of a dispute Company asserts against you) to make a fair, fact-based offer of settlement if Company or you choose to do so. You and Company cannot proceed to arbitration unless this information has been provided. If you or Company proceed to arbitration without providing a compliant Notice of Dispute, the sufficiency of a Notice of Dispute is an issue to be decided by a court. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice of Dispute to reimburse the other party for any arbitration fees and costs already incurred.

  3. Small-Claims Court 

    You and Company agree that notwithstanding the obligation to arbitrate Disputes, Disputes that qualify for small-claims court in either the county where you live or in Chester County, Pennsylvania may be brought as individual actions in such small-claims courts.  Company hopes you’ll try Informal Resolution first, and you must do so before commencing an arbitration, but you don’t have to complete the Informal Resolution process before going to small-claims court. 

  4. Binding Individual Arbitration 

    THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances does Company consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.

    You and Company agree that Disputes will be settled by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), www.namadr.com or (800) 358-2550, according to the U.S. Federal Arbitration Act (“FAA”) and federal arbitration law and according to Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”), as modified by these Terms.  These Terms affect interstate commerce, and the enforceability of this Section 4 will be substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to the extent permitted by law.

    “Arbitration” means that Disputes between you and Company will be resolved by a neutral arbitrator instead of in a court by a judge or jury. 

    “Individual” means that the arbitrator may award the same remedies to you or to Company as a court could, but only to satisfy your or Company’s individual claims.  To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute. 

    “Binding” means that both you and Company will have to live with the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, these Terms, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction. 

  5. Arbitration Procedure and Location 

    You or Company may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with NAM in accordance with the NAM Rules. Instructions for filing a Demand for Arbitration are available at www.namadr.com or (800) 358-2550.  You will send a copy of any Demand for Arbitration to the following address: 

    The Institutes 
    ATTN: Notice of Dispute
    720 Providence Road, Suite 100
    Malvern, PA  19355-3433

    Company will send any Demand for Arbitration to the email address and to any address you have provided Company. 

    The arbitration will be conducted by a single arbitrator. You and Company both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms. 
    For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in Chester County, Pennsylvania unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.

    The arbitrator shall permit Company and You to file a dispositive motion(s) to determine threshold issues, such as arbitrability and whether the Demand for Arbitration states a claim for which relief may be granted.
    The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and Company agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

    To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to you or Company to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.

    Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement. 

  6. Consumer Arbitration Fees

    The terms of this section only apply to you if you are a Consumer.

    If you start an arbitration against Company, you will pay the filing fee required for consumer arbitrations. In some situations, Company will help you with the fees related to an arbitration you initiate against Company to (hopefully) move us to a resolution quickly and fairly:

    Payment of all filing, administrative, and arbitrator fees will be governed by the NAM Rules.

    Arbitration costs do not include your attorneys’ fees and expenses if you choose to be represented by an attorney. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise. 

  7. Notice and Filing

    To the fullest extent permitted by applicable law, you or Company must start arbitration of a Dispute within one (1) year from when the Dispute first arose. If applicable law requires you or Company to bring a claim for a Dispute sooner than two years after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that to the fullest extent permitted by applicable law, you and Company will not have the right to assert the Dispute. 

  8. Coordinated Filings

    If 25 or more Disputes are initiated with the arbitrator that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.” Company will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the Rules and NAM’s fee schedule for mass arbitrations. Applicable statutes of limitations will be tolled for all claimants who have provided compliant Notices of Dispute to Company, but demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below, and Company shall not be required to pay any fees associated with cases that this agreement does not allow to be filed. 

    Once all Notices of Dispute have been provided to Company for Coordinated Cases, counsel for claimants and counsel for Company shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and for Company do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is among Coordinated Cases filed against Company, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Cases filed against Company.

    A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

    Once all bellwether trials have concluded (or sooner if the counsel for the claimants in the Coordinate Cases and Company agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Cases and for Company must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants in the Coordinated Cases and for Company cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants in the Coordinated Cases and for Company will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. 
    If the mediation does not yield a global resolution, then claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings shall no longer have the right to arbitrate their Dispute. Instead, outstanding claims from such cases may be filed only in the state courts in Chester County, Pennsylvania or if federal jurisdiction exists, in the United States District Court for the Eastern District of Pennsylvania, and you consent as part of these Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Company from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Company reserves the right to contest class certification at any stage of the litigation and on any available basis.

    A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it. 

  9. Continuation in Effect

    The dispute resolution process set forth in this agreement survives the termination of any other agreement between you and Company. 

  10. Future Terms Changes

    Although Company may revise these dispute resolution terms in its discretion, Company does not have the right to alter this agreement, or the arbitration rules specified herein, with respect to any Dispute once that Dispute arises if such change would make arbitration procedures materially less favorable to the claimant.  The question of whether a change is materially less favorable to the claimant shall be decided by the arbitration provider as a process matter.

  11. Class Action Waiver

    To the maximum extent permitted by applicable law, disputes, claims, and controversies not subject to the requirement to arbitrate (including, but not limited to, claims filed in small claims court and claims that are deemed not subject to the requirement to arbitrate) may not be aggregated together in a class action, except that (as set forth above in Section 8) if a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Company reserves the right to contest class certification at any stage of the litigation and on any available basis.  Accordingly, to the maximum extent permitted by applicable law, you and Company will only bring disputes, claims, or controversies between Company in an individual capacity only and shall not:

    • seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or
    • consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms. 

  12. Severability

    If all or any provision of this agreement is found invalid, unenforceable, or illegal, then you and Company agree that the provision will be severed, and the rest of these terms shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and Company agree that this entire agreement to arbitrate (but not the separate class action waiver) will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein.

  13. Your 30-Day Right to Opt-Out

    You have the right to opt out of and not to be bound by the Binding Individual Arbitration provisions set forth in these Terms (except for the class action waiver, which is not subject to an opt-out). To exercise this right, you must send written notice of your decision to the following address: 

    The Institutes 
    ATTN: Notice of Dispute
    720 Providence Road, Suite 100
    Malvern, PA  19355-3433

    Your notice must include your name, mailing address, and email address associated with your account with Company, and state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in these Terms. TO BE EFFECTIVE, THIS NOTICE MUST BE POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that Company receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these provisions, Company will not be bound by them with respect to disputes with you.
     

Complete Agreement

If any provision or provisions of this Agreement are held by a court or other tribunal of competent jurisdiction not to be enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. These Terms of Use supersede any other statements included elsewhere on the Website that are inconsistent or conflict with these Terms of Use.

 

Discussions & Public Forums

  1. Respect other visitors to this Website. Feel free to express yourself, but do not do anything to injure or harm others. Users are expected to exercise both common sense and courtesy in the messages they transmit from this Website. Defamatory, obscene, and other offensive communications are not acceptable forms of communication over this Website and could lead to liability for those engaging in such improper communication.
  2. Do not use The Institutes Website to conduct activities that may be illegal. The Institutes Website may not be used to encourage anything to do with illegal drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer forums, software infringement, trafficking in credit card codes, or other crimes.
  3. Do not use The Institutes Website to defame or disparage The Institutes, its affiliates or subsidiaries or any other persons.
  4. Do not use The Institutes Website to communicate with competitors about prices or terms of service or otherwise communicate in a way that may provide the basis for an inference that users agreed to take any action relating to prices, services, production, allocation of markets or any other matter having a market effect. Be sensitive to other matters that may raise particular antitrust concern such as codes of ethics, fees, billing practices, and product standardization.
  5. Do not upload or distribute files subject to trademark, copyright, or other proprietary rights except with the express consent of the owner of the rights. Anyone who believes that material posted on The Institutes Website infringes on his or her (or their organization’s) copyrighted work should refer to the Procedures for Requesting Removal of Infringing Material.
  6. This Website may not be used in a manner that violates The Institutes' bylaws or any of its other policies, procedures, rules or regulations.

 

Amendments

The Institutes reserve the right to modify or change these Terms of Use as it determines from time-to-time in the best interests of The Institutes. Use of the Website constitutes the user’s continuing agreement to be bound by these Terms of Use, as they are amended from time to time.