These Terms of Service (these "Terms") are a legally binding
agreement between you and Essential CEU
Institute, LLC, a California limited liability company (referred to in
these Terms as "Essential" "we," "our,"
"us" and similar terms) and each person who accepts these Terms
(referred to as "you," and similar terms).
By accepting these Terms, you
expressly acknowledge that you understand and accept these Terms. IF
YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE
These Terms govern your use of www.essentialceu.institute (the "Site") and all related mobile applications and technology
platforms that we provide to you in connection with your use of the Site (collectively, the "Essential Platform").
- The Essential Platform. The Essential Platform provides online continuing education
training, including, but not limited to, training relating to operation of
group homes and facilities that provide services to adults with disabilities
- Subscription. In order to
use the Essential Platform and the Services, you must purchase a subscription
unless you are an authorized Team Account (defined below) under an existing
Subscription. Each Subscription will
provide for one or more administrator Users (each, an "Administrator") and may include one
or more team member Users (each a "Team
Member"). "Team Accounts"
refers to all User Accounts under the same Subscription.
- Courses. We will make units of education content
available through the Essential Platform (each a "Course"). We will
identify on the Essential Platform which courses are certified by a
governmental agency or professional organization, and which agency or
organization has provided the certification. You can view a current list of
certified Courses here https://essentialceu.institute/courses/all. We use reasonable efforts to ensure that the
list of Courses is accurate, but we cannot guaranty that it will always be up
to date. We may add, remove or change the available Courses at any time in our
sole discretion without notice to you.
We do not guaranty that all, or any certain number or percentage of
Courses will be certified by state agencies, professional organizations or
other licensing agencies or organizations.
- Certificates. Some Courses may enable you to earn a
certificate or other credential (each, a "Certificate") upon satisfying certain requirements. Requirements to earn the applicable
Certificate will be identified on the Essential Platform. Some Certificates may
satisfy certain licensing requirements or other requirements of governmental
agencies or other organizations. We do not guaranty that all Courses will
enable you to earn a Certificate. We do not Guaranty that any or all Courses or
Certificates will be accepted by or satisfy the requirements of any
governmental agency or other organization. It is your responsibility to
determine if the Certificates will satisfy any applicable requirement. We use reasonable efforts to ensure that the list of Certificates at this link
is accurate, but we cannot guaranty that it will always be up to date. We may
add, remove or change the available Certificates at any time in our sole
discretion without notice to you. You
understand that a governmental agency or other organization may change its
acceptance of a Course or Certificate after you begin taking the Course or
Certificate; you acknowledge and agree that we have no obligation to determine
if there has been such a change, and we have no obligation to notify you of any
- User Accounts. Each user (each, a "User") must create a user account
(a "User Account") in order to use the Essential Platform
and access the Services. In order to create a User Account,
(i) the User must be at least 18 years old, (ii) the User must provide accurate
and complete information that we require or request, (iii) the User must
specify whether the User is an Administrator or a Team Member, and (iv) the
identified User must read and accept these Terms.
- Administrators. Administrators can create, delete and modify each Team
Account, to the extent permitted by the Essential Platform and the
Subscription. If you create a User Account for another individual, you agree
that you have the permission of the applicable individual(s) to share their
information with us. If you are an
Administrator, you are responsible for, and legally liable for the acts of all
Team Members and Administrators through their Team Accounts. If you are an Administrator, you agree, on
behalf of your employer identified in your User Account, that your employer is
liable for and obligated to pay all Subscription Fees on the User Account and
is liable for all actions of all Team Members and Administrators.
- Team Member Accounts. If you are a Team Member, your
Administrator will have the authority to delete or modify your User Account at
any time and without your permission. We
may inactivate your User Account in other circumstances as provided by these
Terms. Your Administrator will also have access to see all information in your
User Account. You will not be able to modify the Subscription, and the
Subscription Term will automatically end when your Administrator's Subscription
Term ends. If you do not
wish to have a Team Member User Account, you must purchase a Subscription. We
may permit you to convert your Team Member Account to an Administrator User
Account in our sole discretion. If we permit you to convert your account, we
Certificates will be transferred to, or available from, your new Administrator
- Changing the Subscription. An Administrator may modify the
Subscription at any time by providing to us at least 15 days written notice
using the features provided on the Essential Platform. The modification will
take effect at the beginning of the next Subscription Term unless we agree for
the modification to take effect sooner. All changes to the
Subscription apply to all Team Accounts at the same time as the modification
takes effect. If the
modification reduces the number of authorized Administrators and Team Members
to a number that is less than the number of created Team Accounts, the
Administrator will have to designate enough User Accounts to inactivate before
the scheduled modification will take effect, or we will inactivate enough User
Accounts, selecting the User Accounts to inactivate in our sole discretion. The
Users assigned to the inactivated User Accounts will not have access to the
Essential Platform and will not have access to their User Accounts again unless
and until the Subscription is modified to include enough authorized
Administrator and Team Member User Accounts. If the User Accounts are inactive
for at least 30 days, we may permanently delete all information relating to the
inactive User Accounts, including, but not limited to, Performance Data and
- Pricing and Payment. The amount we charge for the
Subscription (the "Subscription
Fees") will be the amount stated on the Essential Platform based upon
the Subscription that you select when you create your User Account. You can see
our current pricing here https://essentialceu.institute/#pricing. All Subscription Fees will be
due on the first day of the Subscription Term.
All payments will be made using the credit card information or other
payment information stored in the applicable Administrator User Account. If you
are an Administrator, you hereby authorize us to automatically charge the
credit card or process any other payment information you provide to us, when
the Subscription Fees are due.
We may modify the Subscription Fees at any time by
providing written notice to you by posting the new Subscription Fees on the
Essential Platform or by emailing you. To determine current pricing, check our
pricing often at this link https://essentialceu.institute/#pricing. All purchases of Subscriptions are final, and
there are no refunds. You will not be
entitled to a refund of all or any portion of your Subscription Fees paid for
any Subscription Term, regardless of when your Subscription is terminated.
- Term. These Terms shall be in full force and effect for all Subscription Terms
(defined below). Each
Subscription will be for the term specified on the Essential Platform when the
Subscription is purchased (the "Subscription Term"). The
Subscription Term will automatically renew for an additional Subscription Term
of the same length upon the expiration of the previous Subscription Term,
unless you modify the Subscription as provided in these Terms, in which case
the Subscription Term will automatically renew for the modified Subscription
Term. The Subscription Term will terminate effective when your subscription is
terminated under these Terms. All Team Accounts will have the same Subscription
Term end date as the Subscription, even if the Team Account was created during
a Subscription Term.
- Privacy and Policies. Your use of the User Account, the
policies that we provide to you from time-to-time by posting such policies on
the Essential Platform (collectively, the "Policies"). You agree that the Policies are a part of these
Terms. We may modify the Policies at any time in the same manner as we may
modify the rest of these Terms.
- Our Right to Modify these Terms. We may modify these Terms at any time by providing you a
modified copy of these Terms by email or by posting on the Essential Platform.
The modified Terms will be effective when provided to you, unless we specify a
later date. If you do not agree to the
modified Terms, your only option is to stop using the Essential Platform or the
Services after the effective date of the modified Terms. Your continued use of
the Essential Platform or the Services after the effective date of the modified
Terms will be your affirmative agreement to the modified Terms. We may modify
any information referenced in the hyperlinks from these Terms from time to
time, and such modifications will become effective upon posting, unless a later
date is specified. Continued use of the Essential Platform or Services after
the effective date of any such changes shall constitute your consent to the
changes. These Terms may only be modified as provided in this Section.
- Our Right to Suspend Your Account.
If Subscription Fees are not paid within 7 days of when
due, for any reason, then we may indefinitely suspend all Team Accounts in our
sole discretion, without notice to you. If any Administrator or Team Member violates
these Terms, we reserve the right to indefinitely suspend all Team Accounts in
our sole discretion upon providing notice of the violation to you. During any
suspension of your User Account, you will not have access to your User Account,
the Services or any Certificates you received in connection with the Services.
- Terminating the Subscription. An Administrator
may terminate the Subscription at any time, effective at the end of the then
current Subscription Term, by providing us at least 15 days' advance written (unless we permit or require
a different amount of time on the Essential Platform) notice using the account cancellation
features that we provide through the Essential Platform.
We reserve the right to terminate any and all Team
Accounts, effective at any time upon providing written notice to you if you or
any Administrator or Team Member violates these Terms. We reserve the right to
terminate all User Accounts and the Subscription effective at the end of the
then current Subscription Term for any reason or no reason.
Upon termination of the Subscription, you will no
longer have access to your User Account, the Essential Platform, the Services
nor any Certificates you received through your User Account. After your User
Account is terminated, we have no obligation to maintain any information stored
in or related to your User Account, including, but not limited to, any
Certificate you received or your Performance Data. We reserve the right to permanently erase all
of your Performance Data and Certificates at any time after your account is
By becoming a
User, you agree to receive communications from us, including via e-mail.
Communications from us may include but are not limited to: operational
communications concerning your User Account or use of the Essential Platform or
Services, updates concerning new and existing features on the Essential
Platform, communications concerning promotions run by us or our third- party
partners, and news concerning Essential and industry developments. You may opt
out of receiving promotional emails by following the unsubscribe options in the
promotional email itself, or by adjusting your settings in your User Account.
- Disclaimers. The following disclaimers are made
on behalf of Essential, our affiliates, subsidiaries, parents, successors and
assigns, and each of our respective officers, directors, employees, agents, and
shareholders. The Essential Platform is provided on an "as is" basis and
without any warranty or condition, express, implied or statutory. We do not
guarantee and do not promise any specific results from use of the Essential
Platform and/or the Services, including the ability to provide or receive
Services at any given location or time. We specifically disclaim any implied
warranties of title, merchantability, fitness for a particular purpose and
non-infringement. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. We do not warrant
that your use of the Essential Platform or Services will be accurate, complete,
reliable, current, secure, uninterrupted, always available, or error-free, or will
meet your requirements, that any defects in the Essential Platform will be
corrected, or that the Essential Platform is free of viruses or other harmful
components. We disclaim liability for, and no warranty is made with respect to,
connectivity and availability of the Essential Platform or Services. We
expressly disclaim all liability arising from the unauthorized use of your User
Account. Should you suspect that any unauthorized party may be using your User
account or you suspect any other breach of security, you agree to notify us
- Limitation of Liability. IN NO EVENT WILL ESSENTIAL, INCLUDING OUR AFFILIATES, SUBSIDIARIES,
PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY "ESSENTIAL"
FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS,
FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY
THE ESSENTIAL PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT
OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE ESSENTIAL
PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING
NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- Intellectual Property. All intellectual property rights
in the Essential Platform are owned by Essential absolutely and in their
entirety. These rights include and are not limited to database rights,
copyright, design rights (whether registered or unregistered), trademarks
(whether registered or unregistered) and other similar rights wherever existing
in the world together with the right to apply for protection of those rights.
- Confidentiality. You agree not to use and not to disclose any Confidential
Information" means all technical, financial, strategic and other
proprietary and confidential information relating to our business, operations
and properties that we disclose to you. You agree to take all reasonable
measures to protect the secrecy of and avoid disclosure or use of Confidential
Information in order to prevent it from falling into the public domain.
- General. These Terms
shall be governed by the laws of the State of California without regard to
choice of law principles. If any provision of these Terms is or becomes invalid
or non-binding, the parties shall remain bound by all other provisions of these
Terms. In that event, the parties shall replace the invalid or non- binding
provision with provisions that are valid and binding and that have, to the
greatest extent possible, a similar effect as the invalid or non-binding
provision, given the contents and purpose of these Terms. You agree that these
Terms and all incorporated agreements may be automatically assigned by us, in
our sole discretion by providing notice to you. Headings are for reference
purposes only and in no way define, limit, construe or describe the scope or
extent of such section. A party's failure to act with respect to a breach by
the other party does not constitute a waiver of the party's right to act with
respect to subsequent or similar breaches. These Terms contain the entire
understanding and agreement between you and Essential with respect to the
subject matter of these Terms, and supersede all previous written or verbal
understandings and agreements between the parties.
- Notices. Except as
explicitly stated otherwise, any notices to us shall be given by certified
mail, postage prepaid and return receipt requested to:
Essential CEU Institute, LLC
Attn: Heidi Morgan
PO Box 157
Capitola, CA 95010
All notices to you shall be provided
to you through the Essential Platform or given to you via the email address or
physical you provide to Essential during the registration process.
- Course Registrations. Cancellations within 24 hours of initial registration are fundable without penalty. A full refund will be issued upon request, given that this request is made within that initial 24-hour period. Purchase cancellation and refund request must be made in writing and email to Heidi@essentialCEU.institute back on the original credit card utilized.
- Transfers. Essential CEU Institute, LLC is glad to transfer from one course to another for a given person, but does not transfer registration to another individual. Course transfers for one individual must be requested in writing, to Heidi@essentialCEU.institute within a 72 hour advance notice of the first day of a course. Thereafter, no refunds will be given. Transfers are limited to one transfer per original registration - and registrant.
- Late Arrival and Reservation Changes. Our courses start promptly at the published time. Attendees who arrive more than ten minutes late may lose their seat to take the class and a refund will not be given. Late arrivals will not be eligible to receive continuing education credit for the course. Similarly, attendees who miss more than ten minutes of a given hour of course time will not be eligible to receive course credit. Courses are subject to cancellation due to low enrollment.