Terms, Conditions & Disclaimers


Last Updated: July 28, 2025

These Terms, Conditions, and Disclaimers ("Terms") govern your access to, use of, and disclaimers for Behavioral Essentials, LLC’s products and services, specifically, the Blindspotting™ coaching services, Blindspotting’s website: blindspotting.com, Behavioral Essential’s website: behavioralessentials.com (collectively the “Websties,”) Blindspotting™ assessments, and coaching tools (the “Services”). By using the Services, purchasing the 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 Websites or Services.

About Behavioral Essentials

Behavioral Essentials is a workplace development company that helps organizations more effectively hire and grow leaders and teams. Behavioral Essentials provides assessment tools to individuals, businesses and other organizations to support their respective workplace development strategies.  

About Blindspotting™

The Blindspotting™ services provide professional coaching and leadership assessment tools intended to support individual development. The Services are designed to promote personal insight, increase self-awareness, provide professional guidance, and enhance effectiveness within team and leadership contexts.  

Acceptance of Terms

By providing your personal information to us, booking a coaching session, making a payment, beginning or completing an assessment, navigating the Websites, or otherwise engaging the Services, you agree that you have read, understand, and accept the Privacy Policy and all Terms, Conditions, and Disclaimers outlined herein and on the Websites.

Age Requirements

By accessing the Blindspotting™ assessment, or participating in coaching or any Services, you confirm that you are at least 18 years of age and legally capable of entering into a binding agreement. The Services are not directed at minors under the age of 18.  In no event should a minor under 18 years of age provide their information to us or utilize the Services. If you have knowledge that a minor under the age of 18 has provided their information as part of the Blindspotting™ services, please contact us through a method below so we may investigate.  

Booking and Rescheduling Policy

Appointments for Blindspotting™ coaching sessions must be booked through Calendly™. Participants will receive a link to access Calendly™ upon signing up for coaching services. All coaching sessions must be paid for in full at the time of booking. In the event a client needs to reschedule a coaching session, clients may reschedule their session using the rescheduling link included in the original Calendly™ confirmation email. Rescheduling is permitted without a fee if the session is successfully rescheduled in Calendly™ more than twenty-four (24) hours in advance of the scheduled session. In the event that the Calendly™ scheduling platform is inoperable or “down” when attempting to reschedule, Clients should email their coach directly and contact us at: support@blindspotting.com to submit their rescheduling request.  Rescheduling within twenty-four (24) hours of the originally scheduled session will incur a rescheduling fee of fifty ($50.00) U.S. dollars. Missed appointments will result in forfeiture of the session without the option to reschedule and without a refund.  

Clients who enroll in our group multi-session packages will book three sessions at the time of their initial enrollment and payment.  Because this is a group program, sessions cannot be cancelled or rescheduled. To accommodate a missed session, one group make-up session will be offered at the end of the month at the group’s regular meeting time.  

Behavioral Essentials reserves the right to reschedule or cancel a session at any time. In the event a coach needs to cancel or reschedule a session, Behavioral Essentials will strive to cancel the session with at least twenty-four (24) hours’ notice to the Client via Calendly™ and will propose dates to reschedule.  If a coach cancels a coaching session within twenty-four (24) hours of the originally scheduled coaching session, the client will have the option of requesting a full refund of the amount paid for the coaching session or rescheduling the session. In the rare event, a coach cancels a session without prior notice or written explanation; a client may request either a refund for any unused sessions or reassignment to another coach. To make a request for a refund or a reassignment, clients should contact support@blindspotting.com.

Late Attendance

Clients are granted a fifteen (15) minute grace period to join their coaching session. If a client fails to join the session within fifteen (15) minutes of the start time, without prior notice, the session will be marked as a no-show and payment will not be refunded. Any coaching sessions that begin late will end and their originally scheduled end-time.

Payments and Pricing

All Blindspotting™ coaching sessions must be paid for in full at the time of booking. A session is not confirmed until payment has been received. For multi-session packages, the total package cost is due in full at the time of purchase. Payments are made in Calendly™ at the time of booking. Upon successful payment, clients will receive an automated confirmation email and a payment receipt from Stripe™. We accept most major credit cards, Apple Pay™, Google Pay™, and Link™ for purchases. Upon payment, you represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices. Behavioral Essentials reserves the right to change pricing on products and Services without prior notice. The price charged for a product or Service will be the price in effect at the time the order is placed.  

Refunds

All sales are final, and clients are not entitled to a refund for unused coaching sessions under any circumstances, except those provided herein. Clients who need to cancel or reschedule a session should abide by the Booking and Rescheduling Policy above.  

Confidentiality

We take your privacy seriously. Information shared in coaching sessions or 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 the Services or providing 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, coaching services are sponsored by and paid for by an employer (such as a business or organization that requests Blindspotting™ Services to meet their business goals and objectives). In these instances, information may be shared with the sponsoring employer or organization to support the sponsoring employer or organization’s business goals. By using the Services that are sponsored and paid for by an employer, business, or organization, clients expressly agree that any information obtained by utilizing the Services may be shared with the sponsoring employer, business or organization, as permitted by law.  

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 the 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, coaching sessions, 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@blindspotting.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.  

Use of Assessments

The leadership assessments provided by Behavioral Essentials are for personal and developmental insight only. These tools are not clinical diagnostics and should not be treated or used as such. Assessments are best utilized in partnership with guidance by our trained coaches.

Suspension or Termination of Services

We may suspend or terminate coaching or other Services upon any non-payment, 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 the Services, or if you send excessive, disruptive, deceptive or abusive communications. No refund will be issued for unused coaching sessions if, in our sole determination, the Services must be cancelled due to inappropriate conduct by a client.

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 in the course of performing the Services shall be owned exclusively by Behavioral Essentials. Using the Services and Websites 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 its 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 the Services, Websites, apps, or software, or attempt to gain unauthorized access to the 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.

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 THE PRODUCTS, USING THE 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 reasoned, final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. On any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to the prevailing party under the standards for fee shifting provided by law.

You agree to arbitrate 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 OR THEIR RESPECTIVE 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 ITS 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 endemics, or (i) other similar events beyond the reasonable control of the impacted party. The impacted party shall give notice within three (3) calendar 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 may not assign any rights or delegate any obligations under these Terms without Behavioral Essentials’ 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. Coaching sessions 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 the Websites or Services after such changes constitutes your acceptance of the updated Terms.

Disclaimers

BEHAVIORAL 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 and coaching 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 the Services, you agree to hold Behavioral Essentials, its parent companies, subsidiaries, and respective directors, officers, and employees 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, the 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 the Websites 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 the Services will differ, and the success stories shared by past or present clients do not necessarily reflect what every client can expect to achieve. By using the Services, you acknowledge that your results may differ and we encourage you to make informed decisions and set realistic expectations about the potential outcomes from using the 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 Blindspotting™ 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, the Services, and/or the Blindspotting™ tools and coaching. 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, 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

The 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, Disclaimers, Privacy or other matters please contact us using any of the methods below:

Toll-free phone number: (866) 379-4549

Email: info@blindspotting.com or info@behavioralessentials.com

Mailing address: Behavioral Essentials, 4624 Central Park Blvd, Suite 100 Denver, CO 80238

Fillable form on our website: blindspotting.com