Efficiency Squared – Terms and Conditions

Last Updated: June 19, 2025

Welcome to Efficiency Squared (“we,” “us,” “our”). These Terms and Conditions (“Terms”) govern your use of our website, EfficiencySquared.com, (the “Site”) and the professional training services, courses, and materials we offer (the “Services”).

By accessing our Site or purchasing our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Site or Services.

1. General Terms of Website Use

You agree to use the Site for lawful purposes only. You are prohibited from any use of the Site that would constitute a violation of any applicable law, regulation, rule, or ordinance. This includes, but is not limited to, interfering with the Site’s functionality, using automated data gathering tools, or using information from the Site to harass or harm others.

2. Terms of Service for Training Courses

The following terms apply based on the type of service you have purchased.

Part A: Public Courses (Individual Self-Registration)

These terms apply to any individual who registers for a publicly scheduled course through our Site.

A1. Registration and Payment: Fees for public courses are due in full at the time of registration via our Site to secure your seat.

A2. Cancellations, Rescheduling, and Substitutions by Attendee:

• Substitutions: You may substitute another individual from your organization in your place at any time before the course start date by contacting us with the new attendee’s information at no charge.
• More than 14 days before the course start date: You may choose one of the following options:
  • Option 1 (Reschedule): A one-time, penalty-free transfer of your registration to any future public course of equal or lesser value.
  • Option 2 (Refund): A full refund of the registration fee, minus a [$50] processing fee.
• Between 7 and 14 days before the course start date: You may choose one of the following options:
  • Option 1 (Reschedule): A one-time transfer of your registration to a future public course, subject to a $75 rescheduling fee.
  • Option 2 (Refund): A 50% refund of the registration fee.
• Less than 7 days before the course start date:
  • No refunds will be issued.
  • You may reschedule your attendance to a future public course, subject to a $75 rescheduling fee.

A3. Course Cancellation by Efficiency Squared: We reserve the right to cancel or reschedule any public course due to low enrollment or other unforeseen circumstances. We will notify you as soon as possible and offer the option of a transfer to a future course date or a full refund of the registration fee. Our liability is limited to the fee you have paid.

Part B: Private Group Training (Corporate Engagements)

These terms apply to any organization (“Client”) that contracts with Efficiency Squared for a privately scheduled training event for their team. These terms are supplementary to any signed Training Agreement or Statement of Work (SOW), which shall be the governing document for the engagement.

B1. Scope of Services and Attendance

• Efficiency Squared will provide the training course(s) (the “Services”) and our proprietary instructional resources to the Client’s enrolled attendees (“Attendees”).
• Training classes are designed for active learners only. To ensure the quality and efficacy of the training for all participants, observers are strictly prohibited from attending sessions.

B2. Client Responsibilities

• Final Roster: The Client agrees to provide Efficiency Squared with a final, confirmed roster of Attendees no later than [14] days prior to the course start date.
• Billing Information: The Client’s failure to provide complete and accurate billing contact information and a purchase order (if applicable) does not waive or diminish the Client’s payment obligations under the Training Agreement.
• Authority: The individual signing the Training Agreement represents that they have the full authority to enter into the contract on behalf of the Client.

B3. Payment Terms

• Payment terms, including the total fee and schedule, will be specified in the Training Agreement. Unless otherwise specified, a [50%] non-refundable deposit is required to secure training dates, with the remaining balance due [14] days prior to the course start date.
• For any past-due invoices, the Client agrees to pay a late fee penalty of [0.5%] of the outstanding invoice amount per week until the amount is paid in full.

B4. Cancellation, Postponement, and Rescheduling by Client

• Cancellation:
  • If the Client cancels a course at any time more than [60] business days before the scheduled start date, the Client will pay a cancellation fee equal to [50%] of the total contract value.
  • If the Client cancels a course within [60] business days of the scheduled start date, the Client will pay a cancellation fee equal to [100%] of the total contract value.
• Postponement/Rescheduling:
  • If the Client postpones or reschedules a course within [30] business days of the start date, a postponement fee equal to [25%] of the total contract value will apply.
  • If the Client postpones or reschedules a course within [15] business days of the start date, a postponement fee equal to [50%] of the total contract value will apply.
  • Following a postponement, the Client must select a new course date to take place no later than [180] days from the original scheduled date.
• Failure to Schedule: If the Client fails to take delivery of the course within [12] months from the date of signing the Training Agreement, the course will be considered cancelled, and the Client will be responsible for a cancellation fee equal to 100% of the contract value.
• Notice: All requests for cancellation, postponement, or rescheduling must be made in writing to your Efficiency Squared representative.

B5. Unused Seat and Voucher Policy

• If the Client is unable to meet the minimum number of attendees defined in the Training Agreement, the Client may exchange up to [20%] of the unused committed seats (rounded to the nearest whole number) for public course vouchers.
• These vouchers are valid for [12] months from the date of the private training delivery and may be used to enroll individuals in any of Efficiency Squared’s public courses of the same topic. The Client will be invoiced for the full minimum commitment, with the invoice reflecting the exchange of unused seats for vouchers.

B6. Fees for Customization and Additional Services The following fees may apply and will be detailed in the Training Agreement if applicable:

• Content & Agenda Customization: A one-time fee of [$1,000] will be charged for standard content customization. Extensive customizations may warrant additional fees, which will be quoted separately. Customization fees are non-refundable.
• Schedule Customization: If the Client requires a non-standard delivery schedule (e.g., splitting a multi-day course across several weeks), a schedule customization fee starting at [$1,500] will be charged to account for additional logistical costs.
• Rush Scheduling: If a signed Training Agreement is executed within [20] business days of the desired course start date, a one-time rush scheduling fee of [$750] will apply.
• Onsite Travel & Expenses: For in-person training delivered at the Client’s site, a flat-rate travel fee of [$1,000] for the first day and [$750] for each subsequent day will be charged per session. Any positive difference between this fee and actual incurred expenses will be issued to the Client as a credit toward future training.
• Venue Sourcing: If the Client requires Efficiency Squared to identify and secure a third-party training venue, a one-time service fee of [$250] will be charged in addition to the actual cost of the venue rental.

3. Intellectual Property Rights

3.1. Ownership: All content included on the Site and provided as part of the Services is the exclusive property of Efficiency Squared and is protected by copyright and other intellectual property laws.

3.2. Definitions:

• (a) “Efficiency Squared Instructional Resources” refers to all proprietary materials provided to Attendees, including but not limited to slides, exercises, case studies, and guidebooks, together with the in-class or virtual instruction provided by our certified professionals.
• (b) “Efficiency Squared Digital Instructional Resources” refers to any Instructional Resources made available to Attendees on an Efficiency Squared website, portal, or other digital platform.

3.3. Grant of License: For each registered Attendee for whom the course fee has been paid in full, Efficiency Squared grants a non-exclusive, non-transferable, personal end-user license to use the Efficiency Squared Instructional Resources.

3.4. Access to Digital Resources: Each Attendee will have continuing access to Efficiency Squared Digital Instructional Resources for a period of six (6) months, commencing from the date we receive the final attendee roster for the course.

3.5. Permitted and Prohibited Uses:

• Permitted Use: Attendees may make copies of Efficiency Squared Instructional Resources for their own personal, non-commercial use in their professional role.
• Strictly Prohibited Uses: Any other reproduction, distribution, or use is strictly prohibited. You, your organization (the “Client”), and your Attendees may not, nor assist others to:
  • Disseminate, share, or transfer the Instructional Resources to any personnel who are not registered Attendees of the specific course.
  • Video or audio record any part of the training course.
  • Sell, rent, license, or sublicense the Instructional Resources.
  • Create derivative works from the Instructional Resources.
  • Reproduce, publicly display, perform, transmit, or otherwise use the Instructional Resources for any public or commercial purpose.

3.6. Reservation of Rights: Except for the limited personal license expressly granted herein, no other license to use or reproduce the Efficiency Squared Instructional Resources is granted. All intellectual property rights therein are expressly reserved by Efficiency Squared.

4. Disclaimer of Warranties and Guarantees

The Site and the Services are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included in the Services. While our training is designed to provide you with valuable skills, we make no guarantee of any specific outcome. We do not guarantee that you will pass any third-party certification exam, obtain a job or promotion, or achieve any particular result as a consequence of completing our courses.

5. Limitation of Liability

To the fullest extent permitted by law, in no event shall Efficiency Squared, its affiliates, directors, or employees be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site or Services; or (ii) any content obtained from the Site or Services. In no event shall our aggregate liability for all claims relating to the Services exceed the total amount of fees paid by you or your organization to us for the Services in question.

6. Indemnification

You agree to indemnify, defend, and hold harmless Efficiency Squared and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Services, or your violation of these Terms, including any breach of the intellectual property rights described herein.

7. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of [Utah], United States, without regard to its conflict of law provisions.

8. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide reasonable notice of any changes by posting the new Terms on the Site and updating the “Last Updated” date.

9. Contact Us

If you have any questions about these Terms, please contact us at: info@efficiencysquared.com