Please review these terms and conditions and the Privacy Policy, which govern your use of our websites, materials, any learning management systems, or online resources offered or operated by VEST EAP, Inc. (dba VEST)(each referred to individually and collectively as a “Site”). If you do not agree to be bound by these terms and conditionals, our User License or any other terms of use, you must not use any course or any Site.

PLEASE REVIEW THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS AND CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A JURY OR ANY OTHER COURT PROCEEDING, OR CLASS ACTION OF ANY KIND.

ONLINE EDUCATION DISCLAIMER

The information provided by the VEST EAP, Inc. Learning Management System (“Content”) is educational in nature, is provided only as general information and is not meant to establish a provider-patient relationship or offer therapeutic advice, opinion, diagnosis, treatment or to establish a standard of care. The Content is not intended to replace independent professional judgment from a licensed health care provider or mental health therapist. The Content is not intended to solicit clients or patients; and should not be relied upon as medical, psychological, or other professional advice of any kind or nature whatsoever. The information provided through the Content should not be used for diagnosing or treating a mental or physical health problem or disease. The information contained in these communications is not comprehensive and does not include all the potential information regarding the subject matter, but is merely intended to serve as one resource for general and educational purposes. If you are feeling suicidal or having thoughts of harming yourself or someone else, please immediately contact your medical or licensed mental healthcare provider or the National Suicide Prevention Lifeline at 1-800-273-8255.

COPYRIGHTS

The Site and all presented materials, including images and courses and videos, are © 2023 VEST EAP, Inc. Viewing this Site may create a copy of our materials in your computer’s random access memory and/or in your hard drive and/or in your proxy server.

USE LICENSE

We grant you permission to view our Site for your own personal, non-commercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to us that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and us relating to the sale of courses or services to you through the Site, we will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

TRADEMARKS

The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are our registered and unregistered Trademarks. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. We aggressively enforce intellectual property rights to the fullest extent of the law. The name VEST EAP and our other trademarked names, logos and the other intellectual property may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without our prior written permission. We prohibit use of our logo as part of a link to or from any site unless establishment of such a link and use of the logo is approved in advance by us in writing. Fair use of our Trademarks requires proper acknowledgement. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

PROHIBITED CONDUCT

In connection with your use of this Site, you may not:

“harvest” (or collect) information from this Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on the Site,
use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site,
“stream catch” (download, store or transmit copies of streamed content),
obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you,
“flood” the Site with requests or otherwise overburden, disrupt or harm the Site or its systems,
circumvent or reverse engineer the Site or its systems, or
restrict or inhibit another user or users from using and enjoying this Site. In addition, if you post something to this Site, such as comments or other content, you may not post anything that:
infringes any third-party intellectual property right (such as copyrights),
is defamatory (i.e., something that is negative and untrue about another person or entity),
divulges another person’s or entity’s confidential or private information or trade secret,
is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,
encourages criminal conduct,
advertises or solicits business for products or services other than those that are offered and promoted on this Site, or
contains any virus, malware, spyware or other harmful content or code.

LINKS TO THIRD PARTY SITES

This Site may contain links to sites owned or operated by parties other than us. Such links are provided for your reference only. We do not control outside Sites and is not responsible for their content. Our inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does our inclusion of the links imply that we are authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.

REFUND POLICY

All of our online courses come with a 100% satisfaction guarantee. If you begin a course and decide that it does not meet your educational needs, you may apply your registration fee towards another of our online courses. No more than 25% of the course can be completed in order to transfer.

MAPS AND APIS

This site uses third-party maps and APIs. By using this site, you are bound by such third party’s Terms of Service for the use of any such incorporated functionality.

CONTACTING US

If you have any questions about this agreement, please call us at 1-866-258-6688 or use the contact us page at www.vesteap.com. Although we will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), We do not guarantee that we will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.

SUBMISSIONS

We are pleased to hear from its customers and visitors to its website regarding its products and services. If you send or submit any information or material (e.g., postings to chat boards, e-mails, or submissions to contests) to us (the “Submissions”), the Submissions shall be deemed, and shall remain, our property. The Submissions shall not be subject to any obligation of confidentiality on our part and shall not be liable for any use or disclosure of the Submissions. By providing the Submissions to us, you agree that we have the right to publish the material for any purpose, and in any medium, including, but not limited to, advertising and promotional purposes. You represent that any Submissions posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights.

Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.

COPYRIGHT INFRINGEMENT NOTICES

If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to VEST EAP, Attn: General Counsel, VEST EAP, 12233 Business Park Dr. Ste 240, Draper UT 84020 or by email to go@vesteap.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the Site.

SUSPENSION OR TERMINATION OF ACCESS

We have the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these terms and conditions. In addition, we have a policy of terminating the Site usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the terms and conditions that were in effect as of the date of your suspension or termination.

GENERAL

You agree that this agreement and your use of this Site are governed by the laws of the State of Utah, USA. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) SCOPE OF THE ARBITRATION AGREEMENT.

Mindful of the high cost of legal disputes, not only in dollars but in time and energy, you expressly agree that any legal dispute or claim between you and us arising out of, relating to or concerning this Site and/or this agreement, any communications between you and us, or your participation in any other program or service provided by us, shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. However, either you or us may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and us, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

INFORMAL DISPUTE RESOLUTION.

Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to us at 12637 S 265 W, 100B, Draper, UT 84020, Attn: Legal Department, or (2) to you at the postal address on file with us. You expressly agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against us.

RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT.

You may opt out of this Arbitration Agreement within the first 30 days after making use of this Site and/or participating in a program or service of ours. You also may opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to us at go@vesteap.com or by sending a letter to 12244 Business Park Dr, Ste 240, Draper, UT 84020, Attn: Legal Department. You should include your printed name, mailing address, and the words “Reject Arbitration.”

GOVERNING LAW AND OTHER TERMS.

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of Utah will govern without regard to principles of choice or conflicts of law. We will provide notice of any material changes to this Arbitration Agreement. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.

You agree that we may at any time change the terms, conditions and notices under which this Site is offered. Such changes will be effective when posted. By continuing to use the Site after we post any such changes, you accept the terms and conditions as modified. We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), this Site or any portion of this Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this agreement or your use of this Site. Our performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by us with respect to such use.

The communications between you and us via this Site use electronic means, whether you visit this Site or send us an email, or whether we post notices on this Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

This agreement, the privacy statement located on our Site, and any terms of sale constitute the entire agreement between you and us with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Site. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by us in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by us in printed form.

If any provision of these terms and conditions is found to be illegal or unenforceable, the remainder of these terms and conditions shall continue to be fully valid, binding, and enforceable. These terms and conditions are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these terms and conditions may only be invoked or enforced by you or us.

Effective Date: October 1, 2023

VEST EAP and logo are registered trademarks of VEST EAP, Inc. All of our online seminars come with a 100% satisfaction guarantee. If you begin a course and decide that it does not meet your educational needs, you may apply your registration fee towards another of our online courses. No more than 25% of the course can be completed in order to transfer.