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Colorado

End User License Agreement and

Certified Nursing Assistant

Training Course Terms

Updated July 27, 2021
Volume XII

End User License Agreement

BEFORE YOU CHECK THE BOX INDICATING YOUR AGREEMENT TO THESE END USER LICENSE AGREEMENT AND CERTIFIED NURSING ASSISTANT TRAINING COURSE TERMS (THIS “AGREEMENT”), OR OTHERWISE ACKNOWLEDGE YOUR ACCEPTANCE OF THIS AGREEMENT, CAREFULLY READ THE TERMS AND CONDITIONS BELOW. BY ACKNOWLEDGING YOUR ACCEPTANCE, YOU ARE (a) AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT; AND (b) REPRESENTING THAT YOU ARE 18 YEARS OF AGE OR OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY CEASE USE OF THE SOFTWARE, AND IF USING THE SOFTWARE ON A MOBILE DEVICE, REMOVE THE SOFTWARE FROM YOUR DEVICE.

1. Introduction and Acceptance

This End User License Agreement and

Certified Nursing Assistant

Training Course Terms is a legal agreement between you (“You”) and NextStep Interactive, Inc. (“NextStep” or “Licensor”) regarding the use of Licensor’s software application (whether mobile or online), including any user documentation provided, in electronic form (the “Software”) and participation in NextStep’s

Training Course. This Agreement is between you and NextStep and not with any third party, including Apple Inc. (“Apple”) or Google, Inc. (“Google”). If you have downloaded the mobile application version of the Software for use on an Apple device, You and Licensor acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries to this Agreement and, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this license agreement as a third party beneficiary thereof. Licensor is solely responsible for the content of the Software.

2. Grant of License

Subject to your compliance with the terms of this Agreement, Licensor grants to You a limited, non-exclusive, non-transferrable, non-sublicensable, and fully-revocable license to: (a) download and install the mobile application version of the Software or access the online version of the Software on a device you own or otherwise have authorization and control over, (b) use the Software for only non-commercial purposes (the “License”). You may not rent, lease, lend, sell, redistribute or sublicense the Software to any other person or entity. If you have downloaded the Software for use on an Apple device, You agree to only install the Software on an Apple-branded product that You own or control and only as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

3. Ownership Rights

The license granted hereunder does not constitute a transfer or sale of Licensor’s ownership rights in or to the Software. Except for the express license granted below, Licensor and its suppliers and licensors retain all right, title and interest in and to the Software, including all intellectual property rights therein. The Software is protected by applicable intellectual property laws, including, but not limited to, United States and international copyright, trademark, patent and trade secret laws.

4. License Restrictions

You may not, in part or as a whole, copy, adapt, modify, reproduce, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the Software, except to the extent required by applicable law. Further, You may not, in connection with your use of the Software,

  • violate any applicable laws, rules or regulations;
  • remove or destroy any copyright notices or other proprietary markings included on or in the Software;
  • develop, evaluate, validate or enhance any competitive product or service;
  • harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any person or entity, or publish material that is false, defamatory, harassing or obscene;
  • impersonate others or provide inaccurate or untrue information;
  • do anything to interfere with or impair the intended operation of the Software;
  • create accounts or access or collect information made available through the Software in unauthorized ways, including, but not limited to, by use of automated means; 
  • collect or store personal data without the knowledge and express consent of the data subject;
  • damage, disable or impair the operation of, or gain or attempt to gain unauthorized access, receipt, use, copying, alteration or destruction of or to, any property, devices, software, services, networks or data by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, password protection or other information security protections or controls of whatever nature; or
  • encourage or assist any third-party to do any of the foregoing.

5. Termination

This Agreement shall terminate upon the earlier of: (i) your failure to comply with any term of this Agreement; (ii) the return, destruction, or deletion of all copies of the Software in your possession; or (iii) termination of this Agreement by You or Licensor. Licensor’s rights and your obligations shall survive the termination of this Agreement. Upon termination of this Agreement, you shall cease use of the Software and if you have installed a mobile application version of the Software on your device, you shall uninstall the Software from your device. When this Agreement is terminated, you may no longer have access to data and other material you have stored in connection with the Software.

6. Updates and Support

This Agreement shall terminate upon the earlier of: (i) your failure to comply with any term of this Agreement; (ii) the return, destruction, or deletion of all copies of the Software in your possession; or (iii) termination of this Agreement by You or Licensor. Licensor’s rights and You are entitled to download updates to the mobile application version of the Software when and as Licensor publishes them and only via the stores or channels of distribution provided by Apple or Google. Licensor may, at its discretion, add, modify or remove features from the Software at any time with or without notice to you. After termination of this Agreement, You have no further rights to receive any updates without the acquisition of a new license to the Software. You agree that Licensor has no obligation to provide any updates or to continue to provide or enable any particular features or functionality. You should promptly download and install all updates to the mobile application version of the Software that Licensor makes available, and You acknowledge that the mobile application version of the Software or portions thereof may not properly operate should you fail to do so. You further agree that all updates will be deemed part of the Software and be subject to all terms and conditions of this Agreement.

You acknowledge that maintenance and support services for the Software, if any, will be provided by Licensor and that neither Apple nor Google have any obligation whatsoever to furnish any such maintenance or support for the Software. Your obligations shall survive the termination of this Agreement. Upon termination of this Agreement, you shall cease use of the Software and if you have installed a mobile application version of the Software on your device, you shall uninstall the Software from your device. . When this Agreement is terminated, you may no longer have access to data and other material you have stored in connection with the Software.

7. Privacy

By entering into this Agreement, you agree that Licensor may collect, retain and use your personal information, including, but not limited to your name, e-mail address, telephone number(s), and your postal address. The Software may also use technology to collect usage details, device information, and location information. Your personal information will only be used to provide services and product functionality to you. Licensor may also use your personal information for additional communication with you, subject to your decision not to accept such communication from Licensor and subject to applicable laws.

All information we collect through or in connection with this Software is subject to our Privacy Policy, located at nextstep.careers/privacy. By downloading, installing, using and providing information to or through this Software, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

8. Third-Party Materials and Services

The Software may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (“Third-Party Materials”). You acknowledge and agree that Licensor is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Licensor does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

9. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Notwithstanding the foregoing, if you are using the Software on an Apple device, in the event the Software does not conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Software, if any. To the maximum extent permitted by applicable law, Apple will not have any other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Licensor.

10. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL LICENSOR OR ITS SUPPLIERS, LICENSORS, DISTRIBUTORS, AGENTS, AND REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM THE THEFT, MISAPPROPRIATION, OR USE OF YOUR DATA STORED USING THE SOFTWARE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S OR ITS SUPPLIERS’, LICENSORS’, DISTRIBUTORS’, AGENTS’, OR REPRESENTATIVES’ AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO LICENSOR, OR (B) $100.00. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY AND DAMAGES SHALL NOT APPLY TO CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY OR WHERE EXPRESSLY PROHIBITED BY LAW. THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY EVEN IF ANY STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification

You agree to indemnify, defend and hold harmless Licensor and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Software or your breach of this Agreement.

Notwithstanding the foregoing, if you are using the Software on an Apple device, You and Licensor acknowledge that Licensor, not Apple, is responsible for addressing any of your claims or claims of any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You and Licensor further acknowledge that, in the event of any third-party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Licensor, not Apple will, be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

12. User Content

The Software may enable you to publish or share publicly with others, content you have generated or obtained from other sources (“User Content”). You retain any and all intellectual property rights you already hold under applicable law in User Content you upload to, publish or share through the Software, subject to the rights, licenses, and other terms of this Agreement, including any underlying rights of others in any User Content that you may use or modify. You grant to Licensor, a non-exclusive, unlimited, worldwide, irrevocable, perpetual, and royalty-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), modify, adapt, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of the User Content you upload to, publish or share through the Software, solely for the purpose of providing the services contemplated to be provided to you under this Agreement. Each time you upload, publish or share any User Content, you represent and warrant to Licensor that you are at least the age of majority in the state or jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you upload, publish or share, and that, in regard to that User Content: (i) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to upload, publish and share the User Content and grant Licensor the right to use it as described in this Section 12, all without any obligation being imposed on Licensor to obtain the consent of any third party and without creating any obligation or liability whatsoever for Licensor; (ii) the User Content is accurate; (iii) the User Content does not and will not infringe any intellectual property or other right of any third party; and (iv) the User Content will not violate this Agreement or cause injury or harm to any person.

13. Export Regulation; Legal Compliance

You agree to abide by U.S. and other applicable export control and import laws and not to transfer the Software to any country or person prohibited under such laws. In no event may the Software, the underlying information and technology, and/or any support services be downloaded or otherwise exported, transferred, or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, the Crimea region of the Ukraine, or any other country or national of a country which the U.S. has embargoes, sanctions, or other export restrictions; or (ii) to any person or entity prohibited by the U.S. Government, including but not limited to persons and entities on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Parties List or Entities List. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

14. Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

15. Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Software shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in or for King County, Washington. Each party waives any and all objections to the exercise of jurisdiction over it by such courts and to venue in such courts.

16. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

17. Entire Agreement

This Agreement (including the

Certified Nursing Assistant

Training Course Terms below) and our Privacy Policy constitutes the entire agreement between you and Licensor with respect to the Software and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Software.

Certified Nursing Assistant Training Course Terms

If you (“you” or “Learner”) have elected to participate in the NextStep Certified Nursing Assistant Training Course, then in addition to the terms of the End User License Agreement above, the following terms and conditions will also apply to you.

Notice to Learners Choosing to Pay Tuition for the NextStep

Certified Nursing Assistant

Training Course: Do not indicate your acceptance of these

Certified Nursing Assistant

Training Course Terms before you read these

Certified Nursing Assistant

Training Course Terms. Agreeing to these

Certified Nursing Assistant

Training Course Terms indicates that you have reviewed, understand and accept these

Certified Nursing Assistant

Training Course Terms.

You understand and agree that enrolling in the NextStep CNA Training Course is not a guarantee of employment and does not constitute an employment agreement.

1. CNA Training Course Parts

The NextStep CNA Training Course consists of the following course parts:

  • Online theory content (

    54 hours

    )

  • In-person lab (

    24 hours

    )

  • Clinical rotation (

    16 hours

    )

2. Choosing the Tuition Option or Placement Program Option

You may choose either the Tuition Option in which you pay tuition for the NextStep

Certified Nursing Assistant

Training Course or choose the Placement Program Option and accept a Qualifying Placement with a NextStep employer partner, in which case tuition is free of charge with certain conditions as described in Section 4 below.

3. Tuition Option

3.1 Tuition Pricing. Tuition is $1750.00 for the Colorado Certified Nursing Assistant Training Course.

3.2 Tuition Payment Schedule. You may either pay the entire tuition amount in full in one payment, or you may elect the payment plan.

3.2.1. Tuition in Full Payment Option: If you elect to pay the tuition in full, payment must be made on the “Payment Commencement Date.” “Payment Commencement Date” means the date you elect either the tuition in full payment option or the tuition in payment plan option which occurs between the time of registration for the CNA Training Course and your completion of skillset 4, but before skillset 5. Your access to skillsets after skillset 4 will be locked until payment of the full tuition amount is made if you choose the tuition in full payment option.

3.2.2. Tuition in Payment Plan Option: If you elect the payment plan option, your first tuition payment is due on the Payment Commencement Date and the remaining payments are due every 14 calendar days thereafter for a total of 5 payments each in the amount of $350.00. Payment of the full tuition amount using the tuition in payment plan option must be made within 60 calendar days following the Payment Commencement Date.

3.3 Tuition Discounts. From time to time, NextStep may offer tuition discounts.

3.4 Non-refundable Registration Fee. NextStep may charge a $50.00, nonrefundable registration fee at the time of registration.

4. Placement Program Option

4.1 Placement Program Eligibility. If you choose to participate in the NextStep Placement Program, you acknowledge that in order to be eligible to receive a Qualifying Placement (as defined below), you must meet all NextStep requirements for CNA placement set forth in the Placement Policies (located at nextstep.com/course-policies/co) ), which are hereby incorporated into these CNA  Training Course Terms.

4.2 Accepting or Rejecting a Qualifying Placement

4.2.1. Qualifying Placement Definition: A “Qualifying Placement” means a written proposal provided by NextStep to Learner for employment with a NextStep employer partner that meets the following criteria:

  • is offered to Learner within 7 calendar days following your successful completion of the NextStep CNA Training Course;

  • offers employment for at least 32 hours/week;

  • pays a minimum hourly wage, variable by metro area (

    $14.00/hour in Adams, Arapahoe, Boulder, Denver, Douglas, Elbert, Jefferson, Larimer, and Weld Counties and $13.00/hour in other counties

    )

  • includes an offer of employee health insurance benefits; and

  • is located within 30 miles of the address Learner provided to NextStep for the purpose of verifying Learner resides in (or within 30 miles of) the geography in which the

    Certified Nursing Assistant

    Training Course Learner has registered for is being offered.

4.2.2. Accepting a Qualifying Placement; Deadline for Acceptance: To accept or reject a Qualifying Placement, you must personally communicate to your NextStep mentor either verbally or in writing that you accept or reject the Qualifying Placement. In response, NextStep will confirm your decision in writing to your email on file. You have 10 calendar days from the date you receive a Qualifying Placement to either accept it or reject it.

4.2.3. Exhausting Offered Qualifying Placements: NextStep only guarantees that one Qualifying Placement will be offered to you. If you reject a Qualifying Placement that is offered to you, NextStep will offer an alternative Qualifying Placement if one exists. In that event, you can choose to accept or reject the alternative Qualifying Placement(s). However, if there is no alternative Qualifying Placement to offer you, you understand and agree that you will be required to pay NextStep tuition for the CNA Training Course. The tuition amount and timing shall be as set forth above in Section 3.

4.2.4. Neglecting an Accepted Qualifying Placement: If you accept a Qualifying Placement but subsequently fail to respond to employer requests for scheduling an interview and/or completing a background check, application, or other employment paperwork, and/or you fail to attend a scheduled interview without providing adequate advance notice (at least 24 hours prior to the interview) or any notice, you acknowledge that the employer may choose to end consideration of your employment. In that event, NextStep may offer an alternative Qualifying Placement if one exists. However, if there is no alternative Qualifying Placement to offer you or if NextStep chooses, in its sole discretion, to not offer an alternative Qualifying Placement due to the nature of the neglect, you understand and agree that you will be required to pay NextStep tuition for the

Certified Nursing Assistant

Training Course. The tuition amount and timing shall be as set forth above in Section 3.

4.2.5. Moving Outside of the Placement Operating Area: Your ability to choose the Placement Program Option is contingent on verifying that your  home address is within the applicable Placement Operating Area. “Placement Operating Area” is defined as the state, or locality within a state, where NextStep places learners. If you elect the Placement Program Option and later relocate outside of the Placement Operating Area, you understand and agree that NextStep may not be able to offer you a Qualifying Placement, if one has not been offered yet. Additionally, if you have accepted a Qualifying Placement, and you later relocate outside of the Placement Operating Area, the employer partner may choose to end consideration of your employment. If NextStep cannot offer you a Qualifying Placement because you have relocated outside of the Placement Operating Area, or if the employer partner ends consideration of your employment due to you relocating outside of the Placement Operating Area, you understand and agree that you will be required to pay NextStep tuition for the

Certified Nursing Assistant

Training Course. The tuition amount and timing shall be as set forth above in Section 3.

4.3. Abandoning a Qualifying Placement Previously Accepted; Termination of Employment for Cause. If you accept a Qualifying Placement but (i) do not start employment, (ii) you resign your employment prior to 90 days from the first day of employment other than for Good Reason (as defined below), or (iii) your employer terminates your employment for Cause (as defined below), you understand and agree that you will be required to pay NextStep tuition for the CNA Training Course. The payment amount and timing shall be as set forth above in Section 3. If the Pay in Full Option applies, NextStep will charge the total tuition to the Authorized Credit Card (as described in Section 5). The term “Good Reason” as used herein means (a) acts or omissions of the NextStep employer partner that constitute a violation of any applicable local, state or federal law, rule or regulation; (b) documented hostile or unsafe working conditions, harassment or discrimination; (c) a reduction in your hourly pay; or (d) a reduction in hours worked by you per week made without your agreement. The term “Cause” as used herein means (a) your material breach of any agreement between you and your employer, (b) your material failure to comply with your employer’s written policies or rules, (c) your gross negligence or willful misconduct, (d) your continuing failure to perform assigned duties after receiving written notification of the failure from your employer, or (e) your conviction of, or your plea of “guilty” or “no contest” to, a felony under the laws of the United States or any state.

Learners are strongly encouraged to contact NextStep in advance of any decision to not start employment or to resign employment in connection with an accepted Qualifying Placement. If you do not start your employment or you resign your employment prior to 90 days from the first day of employment for Good Reason, you must contact NextStep within 1 business day of the failure to start or resignation for Good Reason by emailing placement@nextstep.com to report details of the Good Reason. NextStep will evaluate and if Good Reason is found after speaking with the Learner and the employer partner, NextStep will offer the Learner an alternative qualifying placement, if one exists.

4.4. Waiver of Tuition Payment. If you accept a Qualifying Placement, you will not be required to pay tuition, provided that (i) you remain in the Qualifying Placement for at least 90 days from the first day of employment,  (ii) you terminate your employment for Good Reason, or (iii) your employer terminates your employment other than for Cause.

4.5. Failure to Offer a Qualifying Placement. In the unlikely event that you choose the NextStep Placement Program option but NextStep does not offer a Qualifying Placement within 7 calendar days following your successful completion of the CNA Training Course, the tuition fee shall be waived and no payment shall be due.

4.6 Secondary Qualifying Placement. "Secondary Qualifying Placement” means a placement in addition to the initial Qualifying Placement that has been accepted. If you are offered and choose to accept a Secondary Qualifying Placement but do not start employment or remain employed for at least 90 days, you will not incur fees associated with such Secondary Qualifying Placement.

4.7 Changing from NextStep Placement Program Option to Tuition Payment Option. If you originally elected to participate in the NextStep Placement Program but subsequently elect the Tuition Payment Option, you understand and agree that you will be required to pay NextStep tuition for the CNA Training Course. The tuition amount and timing shall be as set forth above in Section 3.

4.8 Cancellation Fees. Subject to Section 8 of these

Certified Nursing Assistant

Training Course Terms, below, NextStep reserves the right to charge a $35 fee if you cancel your participation in a scheduled lab, clinical, and/or CPR session with less than 3 calendar days prior notice to NextStep or fail to attend a scheduled lab, clinical, and/or CPR session. The Cancellation fee is in addition to any other fees that may be due under these

Certified Nursing Assistant

Training Course Terms. Cancellation fees will be charged to the Authorized Credit Card.

5. Payment Methods

All

Certified Nursing Assistant

Training Course participants, including those choosing the NextStep Placement Program, are required to provide valid credit card (“Authorized Credit or Debit Card”) information. All payments due under these

Certified Nursing Assistant

Training Course Terms shall be made by Authorized Credit Card. By providing your payment information, you acknowledge and agree that NextStep will retain the payment information and you authorize NextStep to charge your Authorized Credit Card for all payments required by these

Certified Nursing Assistant

Training Course Terms. You are responsible for updating and maintaining the accuracy of any payment information that you provide to us. If your Authorized Credit Card becomes invalid or is otherwise unable to be charged, NextStep will notify you to update the card information or provide an alternative card. If you do not provide an alternative card within 7 business days, your enrollment in NextStep will be paused.

6. Late Fees; Collections

If NextStep does not receive payment of any amount due hereunder by the due date, we may charge you a late fee on the unpaid balance. In the event we utilize a collection agency or resort to legal action to recover an unpaid balance, you agree to reimburse us for all expenses incurred to recover such unpaid balance, including reasonable attorneys’ fees and costs.

7. Background Check

You must successfully complete a background check that reviews criminal activity in all U.S. states to complete the NextStep

Certified Nursing Assistant

Training Course. Background check requirements are set forth in the Background Check Policy (located at nextstep.com/course-policies/co), which is hereby incorporated into these CNA Training Course Terms. Passing a background check does not guarantee approval by the state to become a certified nursing assistant or job placement with one of NextStep’s employer partners.

8. Disenrollment and Refund Policy

8.1 Disenrollment After Beginning Training. If you voluntarily disenroll or are involuntarily disenrolled from the

Certified Nursing Assistant

Training Course after you have begun training (by accessing the first

Certified Nursing Assistant

Training Course video), NextStep may retain or charge a percentage of the total tuition amount based on how much of the

Certified Nursing Assistant

Training Course you have completed, regardless of whether you have elected the tuition payment option, the Placement Program option, or have not yet selected an option, as follows:

  • Completion of up to 10% of the total Course hours: NextStep may retain or charge 10% of total tuition.

  • Completion of more than 10% of the total Course hours but less than 25%: NextStep may retain or charge 25% of the total tuition.

  • Completion of more than 25% of the total Course hours but less than 50%: NextStep may retain or charge 50% of the total tuition.

  • Completion of more than 50% of the total Course hours: NextStep may retain or charge 100% of the total tuition.

For purposes of making the determinations above, the official date of a Learner’s disenrollment shall be: (a) the date on which NextStep receives notice of your intention to discontinue the program; or (b) with respect to an involuntary disenrollment due to your violation of a published policy which provides for disenrollment, when you receive notice of involuntary disenrollment. Applicable policies which provide for disenrollment are located at nextstep.com/course-policies/co, which are hereby incorporated into these CNA Training Course Terms.

8.2 Method of Providing Notice of Voluntary Disenrollment. You may voluntarily disenroll from the CNA Training Course by submitting a written notice of disenrollment to NextStep at programdirector@nextstep.com.

8.3 Course Cancellation. In the unlikely event that NextStep cancels the NextStep Training Course prior to your completion of the NextStep Training Course, NextStep will refund the total amount paid by you for the NextStep Training Course.

8.2 Payment of Refunds. All refunds due hereunder shall be paid within thirty calendar days following the effective date of disenrollment or course cancellation.

9. Additional Terms Applicable to CNA Training Course Participants

9.1 Eligibility Policies

9.2 Graduation Policies

9.3 Eligibility Policies

9.4 Tuition and Other Costs

9.5 Placement Policies

9.6 Other Policies

10. Contacting NextStep

You may contact NextStep at the email address or address below with questions, comments, and concerns regarding the Software or the NextStep

Certified Nursing Assistant

Training Course:

hello@nextstep.com

126 SW 148th St.
Ste. C100 Box #449
Seattle, WA 98166