Updated 15 October 2020
1. Introduction and Acceptance. This End User License Agreement (“Agreement”) is a legal agreement between you (“You”) and NextStep Interactive, Inc. (“Licensor”) regarding the use of Licensor’s software application, including any user documentation provided, in electronic form (the “Software”) and participation in the CNA Training Program described in Section 8, below. This Agreement is between you and Licensor and not with any third party, including Apple Inc. (“Apple”) or Google, Inc. (“Google”). If you have downloaded 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.
BEFORE YOU CLICK ON THE “I AGREE” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “I AGREE” BUTTON, YOU ARE (a) AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT; (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, CLICK THE “EXIT” BUTTON AND THE SOFTWARE WILL NOT BE INSTALLED ON YOUR DEVICE.
2. Ownership. 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.
3. 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 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.
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,
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 by Licensor, you shall destroy or return to Licensor all copies of the Software, or any portion thereof and you will no longer have authorization to use the Software. 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 & Support. You are entitled to download updates to 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 and acknowledge and You acknowledge that 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.
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.
8. CNA 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. The NextStep CNA training course consists of online theory content (54 hr CO, 57 hr WA, 131 hr CA), in-person lab (24 hours for CO, 24 hours for WA, none for CA) and clinical rotation (16 hr CO, 40 hr WA, 100 hr CA).
You may choose either to pay tuition for the NextStep CNA training course, or to participate in the NextStep placement program and accept a Qualifying Placement (as defined below) with a NextStep employer partner if a Qualifying Placement is offered to you. If you accept a Qualifying Placement, your tuition will be paid by the employer partner. If you choose to pay tuition, you will be charged as follows:
California Learners: $1500 - Paid in full or five (5) bi-weekly payments of $300
Colorado Learners: $1000 - Paid in full or five (5) bi-weekly payments of $200
Washington Learners: $995 - Paid in full or five (5) bi-weekly payments of $199
From time to time, NextStep may offer a tuition discount to students who make payments in full.
You will be allowed to continue in the course and receive NextStep support at each of the three stages indicated above after payment has been received. Payment may be made by credit card or electronic funds transfer. By providing your payment information, you acknowledge and agree that NextStep will securely retain the payment information and you authorize such information to be used for any subsequent payments required in this Agreement. You are responsible for updating and maintaining the accuracy of any payment information that you provide. If you choose to participate in the NextStep placement program, you acknowledge that in order to be eligible to receive a Qualifying Placement, you must meet all CNA requirements for the state in which you desire to work as a CNA. If you choose not to accept a Qualifying Placement, or you accept a Qualifying Placement but resign your employment prior to 90 days after initial placement other than for Good Reason (as defined below), you understand and agree that you will be required to reimburse NextStep for the cost of the CNA training in your enrolled state, which will be charged to the credit card you are required to provide prior to being placed in a Qualifying Placement. A “Qualifying Placement” means placement with a NextStep approved employer:
If you choose not to accept a Qualifying Placement with a NextStep approved employer, NextStep will not schedule the clinical rotation required to be eligible to sit for the state Certified Nursing Assistant examination, nor provide the state with documentation of completion of coursework. “Good Reason” as used in this Section 8 means (a) acts or omissions of the NextStep approved employer 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.
9. Background Check. You must complete a background check that reviews criminal activity in all U.S. states. If your background check is clear, you may qualify for the employer-sponsored tuition coverage.
You will be disqualified from receiving employer-sponsored tuition coverage if you have any of the following offenses on your background screening:
Passing the NextStep background screening does not guarantee approval by the state to become a certified nursing assistant or job placement with one of our employer partners.
10. Third-Party Materials. 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 at entirely at your own risk and subject to such third parties' terms and conditions.
11. 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.
12. 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 FOR THE SOFTWARE, 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.
13. 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 clai.
14. 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 13, 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.
15. 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.
16. 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.
17. 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.
19. 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.
20. Notice to Those Choosing to Pay Tuition for CNA Training Program. Do not indicate your acceptance of the terms of this agreement before you read this agreement or if you do not under these terms. You are entitled to a copy of this Agreement, and can obtain a copy of the school catalog on the state website landing page. Clicking that you agree indicates that you have reviewed this information. Your address will be collected with your registration information.
CANCELLATION OF CONTRACT AND REFUND POLICY:
If you have not started training, you may cancel this Agreement by submitting a written notice of such cancellation to NextStep Interactive, Inc at EMAIL ADDRESS. The notice must be time stamped no later than midnight of the fifth business day (excluding Sundays and holidays) following the day on which you accept the terms of this Agreement as long as you have not begun training. You may also provide written notice by U.S. mail, commercial delivery (e.g., UPS or FedEx) or by hand delivery, to: ADDRESS. In the event of dispute over timely notice, the burden to prove service rests on the applicant.
NextStep Interactive, Inc. may retain an established registration fee equal to ten percent of the total tuition cost, or one hundred dollars, whichever is less, if you cancel past the fifth business day after accepting the terms of this Agreement or making an initial payment. A registration fee is any fee charged by a school to process student applications and establish a student record system.
If training is terminated after the student begins classes, NextStep Interactive, Inc. may retain the established registration fee, plus a percentage of the total tuition as described below if the student completes:
When calculating refunds, the official date of a student’s termination is the last day of recorded attendance:
All refunds must be paid within thirty calendar days of the learner’s official termination date.
NextStep Interactive, Inc must refund all monies paid if the course is cancelled.
UNFAIR BUSINESS PRACTICES:
It is unfair business practice for NextStep Interactive, Inc. to sell, discount, or otherwise transfer this Agreement without the signed written consent of the student and a written statement notifying all parties that the cancellation and refund policy continues to apply.
21. Notice to WA Learners Choosing to Pay Tuition. Washington law requires the following information to be supplied to each learner enrolling in a private vocational school licensed under Chapter 28C.10 Revised Code of Washington. NextStep Interactive, Inc will make learners aware of legal obligations, and debt burdens that he/she takes upon entering a contract for training.
ACKNOWLEDGMENT BY ENROLLEE/LEARNER:
22. How to File a Complaint. By agreeing with this document you are acknowledging that you are aware of how to file a complaint. (WA law requires private vocational schools to inform learners how to file a complaint.)
Grievance: Complaint/Appeal Process. Learners who have a complaint or concern can request an appointment with their RN instructor, the Program Director, or appropriate designee. The request should include the learner’s full name, and a statement of concern, including dates, times, and those involved.
The RN instructor, Program Director, or appropriate designee, will notify the learner of the appointment date in which the concerns will be addressed. Every effort will be made to bring an amicable resolution. If necessary, a panel of instructors and/or appropriate NextStep staff will hear the concerns and be asked to assist in bringing a resolution. The learner will be notified within five business days of the outcome.
ACKNOWLEDGMENT BY ENROLLEE/LEARNER:
Nothing prevents the WA student from contacting the Workforce Board at 360-709-4600, or completing this complaint form for the Washington State Department of Health with a complaint. Learners from CO or CA may contact their state Board of Nursing with a complaint.
23. Contact. You may contact Licensor at the below with questions, comments, and concerns regarding the Software: