Last Updated: August 21, 2025
These Terms, Conditions, and Disclaimers ("Terms") govern your access to, use of, and disclaimers for Behavioral Essentials, LLC’s products and services, our website: behavioralessentials.com, our assessments, tools, and other services (the “Services”). By using the Services, purchasing our products, or providing your information to us, you agree to comply with and be legally bound by the Terms as outlined below. If you do not accept these Terms, you should not use our website(s) or Services.
About Behavioral Essentials
Behavioral Essentials is a workplace development company that helps organizations hire better and grow leaders and teams. Behavioral Essentials provides assessment tools to businesses and other organizations to support their workforce and development strategies.
Acceptance of Terms
By utilizing our Services, providing your personal information to us, making a payment, beginning or completing an assessment, or otherwise engaging our Services, you agree that you have read, understand, and accept our Privacy Policy and all Terms, Conditions, and Disclaimers outlined herein and on our website.
Age Requirements
Our Services are not intended for, and we do not knowingly collect any Personal Data from, children under the age of 13. If we learn we have collected or received Personal Data from a child under 13 years old, we will delete that Personal Data. If you are under 13, do not attempt to use our Services, make any purchases through our Website or use any interactive or public comment feature that may exist or may become available on our Website or provide any data about yourself to us, including your name, address, telephone number, email address, or any other data. If you believe we might have any data from a child 13 years of age or under please contact us at info@behavioralessentials.com, or call us toll-free at 866-379-4549 so we may investigate.
Our Behavioral Essentials assessment tools are not directed at minors, however, unemancipated minors aged 15 years and older may use our assessment tools and Behavioral Essential services when a Client refers them as part of an employment or potential employment relationship. We do not sell Personal Data or share Personal Data of minors with third parties, and we use Personal Data for minors in the same manner as described within our Privacy Policy. Any Client, Participant or other individual who would like to delete their Personal Data may contact us as described below.
Pricing, Payments, Refunds, Cancellation
Behavioral Essentials will create a proposal based on the scope of work and Services requested. Once the proposal is signed by you, it becomes a contract, and the pricing and payment schedule are controlled by the signed proposal. The first payment is due at signing. Monthly invoicing will recur on the first day of the month, and all invoices must be paid within 30 days of receipt. Any invoices that are 60 days past due will be assessed a late charge of 1% per month. By signing our proposal, you agree to pay all invoices submitted by us and agree to the terms contained in the proposal. Our service fees do not cover any out-of-pocket expenses such as travel, parking, postal or delivery services, etc. Any such expenses incurred by Behavioral Essentials on your behalf will be billed monthly at cost. We do not offer refunds. Either party may terminate the contract at any time with thirty (30) days’ written notice to the other party, in which case you shall be responsible only for payment of our fees and any expenses incurred through the effective date of termination. Any changes or additions to a signed proposal must be submitted in writing and approved by both parties prior to execution.
Confidentiality
We take your privacy seriously. Information collected through assessments is treated with care and confidentiality. That said, legal and ethical limitations apply. If there is an indication of imminent harm to self or others, we may be obligated to disclose certain information to relevant authorities. By using our Services or providing us with your personal information, you consent to any disclosure we may legally or ethically make, and you understand that your information will be handled in accordance with applicable legal requirements and best practices.
In some instances, our Services are sponsored by and paid for by an employer, potential employer, or other organization (such as a business or organization that requests our Services to meet their business goals and objectives). In these cases, information may be shared with the sponsoring employer/Client to support the sponsoring employer’s business goals.
Use of Assessments
The behavioral assessments provided by Behavioral Essentials are for personal and developmental insight only. These tools are not clinical diagnostics and should not be used as such. They are best interpreted in partnership with our trained staff and should be applied responsibly.
Suspension or Termination of Services
We may suspend or terminate Services upon any non-payment for Services or for any inappropriate behavior, abuse, or conduct that in our sole discretion adversely affects us or has the potential to adversely affect us, our employees or other users of our Services, or if you send excessive, disruptive, deceptive or abusive communications.
Intellectual Property
All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property Rights") in and to all documents, work product, assessments, tools and other materials that are delivered to or used by Clients or Participants in the course of performing the Services shall be owned exclusively by Behavioral Essentials. Using our Services or website does not operate to assign or transfer any Intellectual Property Rights from Behavioral Essentials to you. Copying, reproducing, uploading, republishing, posting, distributing, recording, transmitting, or transferring any Intellectual Property Right material without our written permission is strictly prohibited. Behavioral Essentials reserves the right to enforce the protection of our Intellectual Property Rights to the fullest extent provided by law.
Unauthorized Access to our Data or Services
You may not access without authority, interfere with, damage, or disrupt any part of our Services, our websites or apps, our software, or attempt to gain unauthorized access to our Services, assessments, data, or proprietary information. Behavioral Essentials reserves the right to report any unauthorized access, including the identity of any individual who makes such attempts, to relevant law enforcement authorities.
Prohibition on Sharing Credentials/Reporting of Actual or Suspected Security Breach
You are solely responsible for maintaining the confidentiality of any username and password that may be used to access our Website, platform or an account, as well as all activities that occur under your account when authenticated by your username and password whether or not authorized by you. Assessments and the Services are for use solely by the individual enrolled in our Services and may not be distributed to or used by others. You agree not to share your username and password with any person, entity, or third party and you agree to notify us immediately at support@behavioralessentials.com if you suspect or become aware of any unauthorized use of your account, unauthorized distribution or use of the Services, or breach of your login information’s security. The terms and conditions outlined herein apply whether an individual or entity has accessed the Services in compliance with this section or otherwise, and Behavioral Essentials reserves the right to pursue any civil or criminal legal remedies in response to any unauthorized access.
Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.
Dispute Resolution and Binding Arbitration
BY PURCHASING OUR PRODUCTS, USING OUR SERVICES, OR PROVIDING US WITH YOUR INFORMATION, YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
Arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party’s attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BEHAVIORAL ESSENTIALS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CLIENTS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Limitation of Liability
IN NO EVENT WILL BEHAVIORAL ESSENTIALS, ITS PARENT COMPANIES, SUBSIDIARIES OR RELATED BUSINESS ENTITIES ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS BE LIABLE TO CLIENTS, BUSINESSES OR ORGANIZATIONS FOR ANY CLAIM FOR ANY INDIRECT, WILLFUL, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR ANY LOSS OF USE, LOSS OF REVENUE OR BUSINESS PROFITS, DAMGES FOR CLAIMS BROUGHT BY EMPLOYEES OR CONTRACTORS, DAMAGES FOR LOSS OF BUSINESS OF ANY THIRD PARTY, DAMAGES FOR EMPLOYMENT DISPUTES, OR DAMAGES FOR JOB LOSS OR INTERUPTION ARISING OUT OF OR IN CONNECTION WITH THE USE OF BEHAVIORAL ESSENTIALS OR BLINDSPOTTING™ SERVICES, OR INACCURACY OF DATA OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND EXCEPT FOR LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR INDEMNIFICATION OBLIGATIONS (IF ANY). IN NO EVENT SHALL BEHAVIORAL ESSENTIAL'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE USE OF OUR SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED ONE (1) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO US BY A CLIENT IN THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Force Majeure
Neither client nor Behavioral Essentials shall be liable or responsible to the other party, for any failure or delay in fulfilling or performing any Service or obligation, when such failure or delay is caused by or results from acts beyond the impacted party's reasonable] control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) national or regional emergency; (f) strikes, labor stoppages or slowdowns, or other industrial disturbances and (g) telecommunication breakdowns, power outages or shortages, and (h) pandemic or endemic events; or (i) other similar events beyond the reasonable control of the impacted party. The impacted party shall give notice within three (3) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The impacted party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized and shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
Assignments and Transfers
Clients and Participants may not assign any rights or delegate any obligations under these Terms without our prior written consent. Any purported assignment or delegation is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. Assessments are not transferable.
Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Behavioral Essentials.
Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Revisions
Behavioral Essentials reserves the right to revise these Terms at any time. When updates are made, the revised version will be posted on this page along with the effective date. Continued use of our website and/or Services after such changes constitutes your acceptance of the updated Terms.
DISCLAIMERS
BEHVIORAL ESSENTIALS MAKES NO REPRESENTATIONS, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS SERVICES OR PRODUCTS OR ANY PORTION THEREOF, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
No Guarantee of Results
Behavioral Essentials makes every effort to provide valuable tools, assessments, and guidance; however, we do not guarantee specific results. Outcomes depend on many factors, including each individual’s effort, engagement, and external circumstances. By choosing to work with Behavioral Essentials, you acknowledge that results may vary and agree not to hold us liable for perceived outcomes. By engaging with our Services, you agree to hold Behavioral Essentials and its parent companies or subsidiaries, their directors, shareholders, employees, and agents harmless from any legal claims or expectations regarding outcomes.
Professional Advice Disclaimer
Behavioral Essentials does not provide legal, medical, financial, psychological, or therapy services. Our coaching and assessments are designed for personal and professional development but are not a substitute for services offered by licensed professionals in those fields. Unless explicitly stated otherwise, our Services should not be considered clinical or expert advice. We encourage all clients to seek appropriate professional support when needed.
Testimonials and Representations
Any testimonials featured on our website or in promotional materials reflect genuine experiences of past clients. These examples are provided for informational purposes only and do not represent a promise or guarantee of results. Every individual’s journey and experience with our Services will differ and the success stories shared by past or present clients do not necessarily reflect what every Client or Participant can expect to achieve. By using our Services, you acknowledge that your results may differ, and we encourage you to make informed decisions and set realistic expectations about the potential outcomes of our Services.
Hiring, Employee Journey, and Business Decision Disclaimer
Information provided to hiring managers or business leaders by Behavioral Essentials through any and all Services, including but not limited to the E3 Assessment Tool or our Services should be just one of many data points to help determine if a candidate for employment is a good fit for hiring by the business and the role for which they are being considered. No hiring or other employment decisions, including but not limited to employee promotion, demotion, termination, development, disciplinary, or other decisions should be made solely on the basis of the tools and information provided by Behavioral Essentials and/or use of our Services. The Services are designed to be used in conjunction with resume reviews, analyzing a candidate's past and current experience, conducting interviews, performing reference checks, performing employee reviews, legal considerations, and other best practices for making decisions regarding an individual’s employment. By engaging any Behavioral Essential Services, you agree to hold Behavioral Essentials, its parent companies, subsidiaries, and their respective directors, officers, and employees harmless from any legal claims regarding hiring, termination, promotion, demotion, or re-structuring outcomes.
External Links
Our websites may include links to third-party sites. These links are offered for additional context or convenience. We do not control the content of external websites and are not responsible for the accuracy, legality, or reliability of any material found on third-party sites. Your access to such websites is at your own risk.
Contact Us
For questions regarding our Terms, Conditions and Disclaimers, please contact us using the information below:
Phone: (303) 951-4432
Email: info@behavioralessentials.com
Address: Behavioral Essentials, 4624 Central Park Blvd, Suite 100, Denver, CO 80238