Terms & Conditions
Updated 10/28/2019

Encoursa is owned and operated by Encoursa LLC, a Michigan limited liability company. Encoursa ("Encoursa", "we," or "us") refers to employees, independent contractors, agents, and representatives ("our Team"). By using Encoursa.com (https://encoursa.com) or registering for a course listed on Encoursa.com, you're agreeing to these Terms.

We provide an online platform that you may use to browse and register for courses (the "Services"). We offer the Services on our website https://encoursa.com (we'll refer to it as the "Website").

As a subscriber of the Service, or a representative of an entity that's a customer of the Service, you're a "Member" according to this agreement (or "you"). These Terms of Service ("Terms," including our Privacy Policy) define the terms and conditions under which you're allowed to use Encoursa and how we'll treat you while you're a Member.

The materials ("Content") made available on the Website or through third party course software (the "Software") is for your personal, internal, non-commercial use, and is intended for informational purposes only. You may not copy, modify, distribute, reproduce, sell, post, or otherwise use the Content in any form or on any medium, in whole or in part, without the prior written permission of Encoursa. We reserve the right to modify or remove the Content at any time and nothing in these Terms and Conditions provides you with any rights to the Content.

By registering for and participating in webinars, self-study courses, seminars, and audio conferences through the Website and Software, you acknowledge that Encoursa may record such sessions and that you consent to such recordings and Encoursa's use of those recordings for promotional, training or other purposes.


ACCOUNT
1. Eligibility

In order to use Encoursa, you must:

  • Be at least eighteen (18) years old and able to enter into contracts;
  • Complete the registration process for any webinar or self-study course;
  • Agree to the Terms; and
  • Provide true, complete, and up-to-date contact information.

By using Encoursa.com, you represent and warrant that you meet all the requirements listed above, and that you won't use Encoursa in a way that violates any laws or regulations. You also agree not to use Encoursa for any purpose it was not designed for. Encoursa reserves the right to refuse service, cancel registrations, and change eligibility requirements at any time.

2. Term

The Term begins when you visit Encoursa.com and continues as long as you register for an account and remain an Encoursa user. Clicking the sign up button when creating an account means that you've officially "signed" the Terms. If you sign up for an Encoursa course on behalf of a group of attendees, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. CPE Policy

In accordance with the NASBA (National Association of State Boards of Accountancy, nasba.org) standards, we will administer CPE credits based on their most up-to-date standards for webinars (Group Internet Based), self-study (On-Demand), and seminars (Group Live). CPE will be issued only to individuals who meet the NASBA standards to qualify for CPE.

The decision to offer small group viewing for a webinar will be made on a webinar by webinar basis. The small group facilitator must confirm attendance for each participant for the duration of the program. CPE will only be issued to group attendees whose attendance and engagement has been documented and verified (by signature) by the small group facilitator. Records will be maintained for a minimum of five years in accordance with the Encoursa document retention policy.

CPE for self-study courses will only be issued on an individual basis.

4. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. The new Terms will be effective immediately and apply to your use of Encoursa. We may change the Website, the Service, or any features of the Service at any time.


PAYMENT
5. Paid Courses

Charges for webinars and self-study courses, are posted on our Website and may be changed from time to time. For webinars and self-study courses with associated charges, you agree to processing payment as part of the registration process. Registration information, and access to the Content, will be provided after payment processing is complete.

6. Credit Cards

You agree to provide us with valid credit card information and authorize us to deduct the charges, if any, against the credit card you provide. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won't be rejected. If, for some reason, we're unable to process your credit card order, we'll try to contact you by email so that your payment can be processed.

7. Cancellation and Refunds

Cancellation and Refund Policy for Online Webinars:

Our cancellation policy is intended to keep costs low for attendees. Due to financial obligations incurred by Encoursa you must cancel your registration prior to the start of the event. Should you choose to cancel your event registration, you will be eligible to receive a full refund up to one week before the start of the event. After this date you have two options:

  1. You may send an alternate to the event without an additional charge.
  2. You may receive a refund of 50% of the registration fee to your original payment method.

No refunds or credits will be given for cancellations received on or after the start date of the event. Those who do not cancel and do not attend are responsible for the full registration fee. You will not be charged for cancelling your registration to a free event.

In the event that Encoursa has to cancel an event for unforeseen reasons or due to an insufficient number of registrants, the cancellation will be communicated by email, and a full refund will be processed using your original payment method.

Cancellation and Refund Policy for Self-Study Programs:

All Encoursa self-study program purchases can be cancelled by the program participant within 24 hours of the time of the purchase. The purchaser will receive a full refund for programs that are cancelled within 24 hours of the time of the purchase. Please note that no refunds will be issued for programs in which the purchaser has completed the course content and started or finished the qualified assessment.

For cancellation requests beyond 24 hours, the Encoursa team will consider the request and circumstances on a case by case basis.

For all free self-study programs, cancellations will be approved any time after the time of registration as long as the purchaser has not completed the course content and started or finished the qualified assessment.

If any self-study program is cancelled and removed from the Encoursa course library, the Encoursa team will communicate the cancellation of the program by email to all participants who have not yet completed the program. In the event that Encoursa cancels and removes a course from the course library, all program purchasers who have not yet completed the qualified assessment will be issued a full refund as long as the purchase was made within the past year.

Please note that self-study courses will only be accessible for one year after the time of the purchase. No refunds will be given for self-study courses that are not completed within one year from the time of the purchase.

For all course cancellation requests, please contact the Encoursa team.

Cancellation and Refund Policy for All-Access Pass Subscription

Encoursa offers a year-long subscription fee ("All-Access Pass") in which the user can access any self-study or webinar program for one year at no additional cost. The All-Access Pass can be cancelled for a full refund within 7 days of the original purchase date. The a la carte purchase price of any webinars or self-study courses that were completed by the user using their All-Access Pass will be deducted from the refund provided within the 7 day window.

8. Complaint Resolution

Any complaints regarding CPE programs or your overall experience with Encoursa should be directed to Matthew Briggson using any of the following contact methods:

Office phone
(616) 209-8167
Email
click here to contact us
Address
Encoursa
3424 Chicago Dr. Ste 201
Hudsonville, MI 49426

RIGHTS
10. Proprietary Rights Owned by Us

You shall respect our proprietary rights in the Website and the Software used to provide educational experiences.. All intellectual property found on the Website, including, without limitation, patents, trademarks, service marks, logos and copyrighted material are the property of Encoursa or third parties. Except as explicitly stated herein, you are not granted any license or other right to use such intellectual property without the prior written consent of Encoursa or the applicable third-party owner.

If you believe copyrighted material owned by you or someone you represent is being infringed upon by the Website, please notify us or call (616) 209-8167.

11. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms. In summary, webinar attendee contact information and data provided during and after a course may be shared with the presenters of the courses for which the attendee has registered, for their specific marketing purposes. Encoursa does not control how attendee data is used once it has been provided to a webinar instructor.

12. Right to Review Campaigns

We may view, copy, and internally distribute content from your campaigns and account to create algorithms and programs ("Tools") that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.


RULES AND ABUSE
16. General Rules

You promise to follow these rules:

  • You won't violate our Terms of Service or Privacy Policy.
  • You won't use our Service in an unintended way
  • You won't infringe on the intellectual property of Encoursa or our trusted third parties

If you violate any of these rules, then we may suspend or terminate your account.

14. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from an Encoursa user, we want to hear about it. If you think anyone has posted material that violates any copyrights. Please report it to us.

15. Compliance with Laws

You represent and warrant that your use of Encoursa will comply with all applicable laws and regulations.


LIABILITY
16. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website or Software. We and our Team won't be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages.

17. No Warranties

To the maximum extent permitted by law, we provide the material on the Website, and the Content as is. We don't provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, title, and non-infringement.

In addition, Encoursa, disclaims any warranties regarding the accuracy or appropriateness of any of the Content. Encoursa is not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of the Website, the Content or any arising out of or in any way connected with the use of the Website, the Content or any related software, products or services or with the delay or inability to use the Website, the Content, or for any information, software, products and services obtained through the Website, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if Encoursa had been advised of the possibility of damages. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

18. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren't allowed under these Terms due to a "Limitation of Liability" or other provision.

19. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we're entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

20. Liquidated Damages

In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages.

21. Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

22. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

23. Disclaimers

We and our Team aren't responsible for the behavior of any advertisers, linked websites, or other Members.


FINE PRINT
24. Endorsements

The Website may contain links to other websites, which does not indicate an endorsement of third party websites, services, products, policies, or information. You acknowledge that Encoursa is not responsible for the content made available by third parties. You should contact those third parties directly for information on their terms of use, privacy policy, and other relevant information. By using the Site, you agree that you will not attempt to hold Encoursa responsible or liable for the content of such third-party websites.

25. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

26. Choice of Law

The State of Michigan's laws, except for conflict of laws rules, will apply to any dispute related to these Terms of Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Ottawa County, Michigan, and each party will be subject to the jurisdiction of those courts.

27. Force Majeure

We won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, riots, fires, earthquakes, floods, strikes, power blackouts, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

28. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

29. Severability

If it turns out that a section of this Agreement isn't enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

30. Amendments and Waiver

Amendments or changes to these Terms won't be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there's a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don't immediately take action on a violation of these Terms, we're not giving up any rights under the Terms, and we may still take action at some point.

31. No Changes in Terms at Request of Member

Because we have so many Members, we can't change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.

32. Further Action

You'll provide all documents and take any actions necessary to meet your obligations under these Terms.

33. Notification of Security Breach

In the event of a security breach that may affect you, we'll notify you of the breach and provide a description of what happened.

34. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Encoursa, 3424 Chicago Dr., Hudsonville, MI 49426, or any addresses as we may later post on the Website.

35. Entire Agreement

These Terms and our Privacy Policy, (all of which are incorporated into these Terms by reference), and any Terms you've agreed to, make up the entire agreement and supersede all prior agreements, representations, and understandings.

NASBA Sponsor

National Registry of CPE Sponsors for the QAS self-study delivery method

Encoursa is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: NASBAregistry.org.

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