CSET  – Terms & Conditions

TERMS OF PARTICIPATION

​Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Essential Somatics®️, LLC (“Company”, “we”, or “us”) and You (“Client” or “you”) agree to the following terms stated herein.

SERVICE

The Company agrees to provide the Clinical Somatic Education Training, (herein referred to as “CSET”) which is operated in part on the Thinkific web platform and in part through in-person and online training. As a condition of participating in the CSET, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the CSET, the Company shall provide the following to the Client:

  1. A Password Protected Course: The Company shall maintain a course that will include video, audio, and written lessons, templates, worksheets, checklists, slide decks, and other training and support information. You shall have access to this course for as long as the course exists. In the event that the Company intends to close the course, it shall provide clients with a 30-day notice.
  2. Participant Forum: The Company shall create and maintain a Forum, operated on the Discourse web platform for students of the CSET. This is a community run group, meaning that students are encouraged to help each other. 

DISCLAIMER

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Membership.

FEES

A deposit of $550 is due within two weeks of being accepted onto the CSET program. The remaining tuition balance is due on a payment plan of 19 installments of $550. 

If You choose monthly payments, you agree to continue making a monthly payment until you request a cancellation according to the Cancellation Policy set forth below, or until we terminate your participation. In the event that any payment is not made by the due date, the Company shall immediately suspend Your access to the course.

METHODS OF PAYMENT

You give us permission to automatically charge Your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly or annual fees, you must provide a new eligible payment method promptly or your course access will be removed.

You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

CANCELLATION POLICY

Five-Day Cancellation: An applicant who provides written notice of cancellation within five (5) days (excluding Saturday, Sunday, and federal or state holidays) of paying the initial deposit in full is entitled to a refund of all monies paid minus any credit card fees.

Otherwise, all deposit and tuition payments are non-refundable and non-transferable.

Procedure for withdrawal: A student choosing to withdraw from the CSET after the Five-Day Cancellation Period is to provide written notice via email to the Program Director. The receipt date of the written request to withdraw will be considered the withdrawal date. A student will be automatically withdrawn if s/he has missed one in-person or online class and does not notify staff within 24 hours of the class date. In this case, the withdrawal date will be the date of the missed class.

The Company will provide confirmation of Your withdrawal from the CSET, after such time your payment plan will be stopped immediately and you will no longer have access to the course materials or Forum. You will no longer be able to participate in any aspects of the CSET including online discussions and in person modules.

Rescheduling: Essential Somatics reserves the right to cancel a starting class if the number of trainees enrolled is deemed insufficient. In the event of such cancellation, a full refund of all money paid shall be made to each applicant. The Company reserves the right to suspend or postpone an in-person module of the training in the event of unforeseeable circumstances or in the event of an occurrence that unavoidably limits the use of the training facilities such as fire, flood, storm, war, or civil disorder. Such time lost will be made up as soon as possible to maintain the overall training schedule. In either case, the Company will not be held liable for any costs incurred by the participants at the point of cancellation. The Company strongly recommends that participants buy insurance to cover such eventualities. 

To access certain features of the CSET, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current, and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the CSET to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the CSET, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.

CONFIDENTIALITY

The Company respects the privacy of its clients and will take reasonable steps not to disclose any information You provide except as set forth in this Agreement. As a condition of participating in the CSET, you hereby agree to respect the privacy of other CSET participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other CSET participants outside of the bounds of the CSET unless you receive express written permission from such other participants to share the information. Similarly, the content of the CSET contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the CSET with anyone other than the Company, its owners and employees, and other CSET participants.

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.

By posting or submitting any material in the CSET, such as questions, comments, posts, photos, images, videos, or other contributions, you are representing to us that you are the owner of all such materials and that you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future CSET or other content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.  You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the CSET at any time for any reason.

You also grant us the right to use your likeness and identify you by name, email address, or screen name as the author and individual depicted in any comments, posts, photos, images, videos, or other contributions created by you that reference the Company or the CSET, and to identify you as a member of the CSET by name, email address, or screen name, for any purposes, including commercial purposes and advertising.

You are strictly forbidden from the following:

  1. Causing damage to any Company website or third-party forums operated by the Company
  2. Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity
  3. Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish, or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software
  4. Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications or for other marketing or advertising purposes
  5. Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
  6. Sharing private and proprietary information from the Membership or other participants with anyone else
  7. Discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels

The Company does its best to create a safe and welcoming space for all participants, however, the Company cannot guarantee that all participants will follow these guidelines. The Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, the Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, the Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.

The CSET is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to CSET participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask CSET participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality.

NO TRANSFER OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE OF COMPANY INTELLECTUAL PROPERTY

All content included as part of the CSET, such as text, graphics, logos, images, videos, worksheets, and guides, as well as the compilation thereof, and any software used in the CSET, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans in the CSET are the trademarks of their respective owners.

Your participation in the CSET does not result in a transfer of any intellectual property to You, and, as a condition of participation in the CSET, You agree to observe and abide by all copyright and other intellectual property protections.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the CSET content and resources. You hereby agree that You will not copy, sell, display, distribute, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the CSET.

The Company content is not for resale. Your participation in the CSET does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the CSET will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

Your use of any materials found in the CSET other than that expressly authorized in this agreement or by a separate written assignment is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the CSET in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the CSET, in addition to any legal or equitable remedies the Company may be entitled to pursue.  This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.     

You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide the Client with access to the CSET, which provides education and information. The information contained in the CSET, including any interactions with the instructors, is not intended as, and shall not be understood or construed as professional advice.

FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

SEVERABILITY/WAIVER

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

MISCELLANEOUS

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the CSET and/or any information and resources contained in the CSET. You agree that the Company shall not be liable to you for any type of damage, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the CSET.

The information, software, products, and services included or available through the CSET may include inaccuracies or typographical errors. Changes are periodically added to the information in the CSET. The Company and/or its suppliers may make improvements and/or changes in the CSET at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the CSET for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the CSET, with the delay or inability to use the Membership or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the CSET, or otherwise arising out of the use of the Membership, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the CSET or any portion of it, your sole and exclusive remedy is to discontinue using the CSET. 

ASSIGNMENT

The Client may not assign this Agreement without the expressed written consent of the Company.

MODIFICATION

The Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.

TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the CSET and the related services or any portion thereof at any time, if You become disruptive to the Company or other CSET participants, if You fail to follow the CSET guidelines as detailed in the Student Agreement, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees in the event of such termination. The restrictions imposed on you in these Terms with respect to the CSET intellectual property will still apply now and in the future, even after termination by you or the Company.

© Essential Somatics LLC.

Last Updated: April 16, 2024