Terms of Use – Performance - HomeCEU

Terms of Use

Last Updated: June 1, 2026  

PLEASE READ THESE TERMS CAREFULLY.  

These Terms of Use (“Terms”) govern your access to and use of the websites and applications operated by HomeCEU, together with its affiliates, subsidiaries, successors, and assigns (collectively, “Company”) (collectively, the “Website”) and form a legally binding agreement between you and Company.   

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE. 

If you create an account, subscribe to, or otherwise access any products or services that are subject to a separate agreement (including an End User License Agreement), that agreement will also govern your use of those products or services and will control in the event of any conflict with these Terms. In order to subscribe to, or to use, Company products and services, you must be an individual at least 18 years of age or older and have the power and authority to enter into binding agreements with us without restriction under applicable law. Any use or access by anyone under the age of 13 is strictly prohibited 

IMPORTANT NOTICE: THESE TERMS INCLUDE LIMITATIONS ON COMPANY’S LIABILITY, DISCLAIMERS OF WARRANTIES, AND A WAIVER OF CLASS AND REPRESENTATIVE ACTIONS. CERTAIN DISPUTES MAY ALSO BE SUBJECT TO BINDING ARBITRATION AND OTHER DISPUTE-RESOLUTION TERMS UNDER THE END USER LICENSE AGREEMENT, WHERE APPLICABLE. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW THEM CAREFULLY. 

Eligibility.  You represent and warrant that: (i) you are at least eighteen (18) years of age (or the age of majority in your jurisdiction); and (ii) you have the legal capacity to enter into these Terms. If you access or use the Website on behalf of a company or other legal entity, you represent and warrant that you are authorized to bind such entity to these Terms, and you agree to these Terms on behalf of such entity. 

Use of the Website.  You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to misuse the Website or any content made available through it, including without limitation text, graphics, images, audio-visual materials, software, designs, layout, look and feel, trademarks, service marks, logos, and other materials (collectively, “Content”), including not to: (i) use the Website in any manner that violates applicable law or regulation; (ii) interfere with, disrupt, or impair the operation, presentation, or security of the Website or any Content made available through it; (iii) attempt to gain unauthorized access to any portion of the Website, any accounts, or any systems or networks connected to the Website; (iv) use automated means (including bots, scrapers, or similar tools) to access or collect information from the Website without Company’s prior written consent; (v) frame, mirror, or otherwise incorporate the Website or any portion thereof into any other website, application, or service; (vi) introduce any viruses, malware, or other harmful or disruptive code; or (vii) use any manual or automated process to monitor, extract, or collect Content or data from the Website for any unauthorized purpose. 

User Content.  To the extent the Website permits users to submit, post, upload, transmit, or otherwise make available content or materials (“User Content”), you are solely responsible for your User Content and any consequences of making it available. By submitting User Content, you grant Company a non-exclusive, worldwide, royalty-free, transferable, and sublicensable right to use, host, store, reproduce, modify, display, and distribute such User Content in connection with operating, providing, and improving the Website. You represent and warrant that you have all rights necessary to submit the User Content and that such User Content does not violate any applicable law or third-party rights. You agree not to submit User Content that is unlawful, harmful, abusive, defamatory, or otherwise objectionable. Company reserves the right, but does not undertake any obligation, to monitor, review, remove, or disable access to any User Content in its sole discretion. 

AI and Automated Use.  Except as otherwise authorized in the next paragraph, you may  not, directly or indirectly use, input, upload, submit, disclose, or otherwise make available any Content or data from the Website in connection with any artificial intelligence, machine learning, large language model, or other automated tool or technology (including any generative AI system) (collectively “AI Tools”) for any purpose, including to train, fine-tune, evaluate, or otherwise develop or improve such technologies, or to generate outputs, summaries, or derivative works.  You may not use any such AI Tools to access, extract, scrape, reproduce or analyze Content or data from the Website, or otherwise permit Content or data from the Website to be processed by such technologies. You may not use the Website or any Content in a manner that exceeds the limited rights expressly granted under these Terms or that is inconsistent with applicable law. 

The Website may include certain features, such as chatbot or agent functionality, that use or leverage applications, software, products, or services provided by Company or third parties that utilize AI Tools (“Embedded AI Tools). Any User Content submitted through the Embedded AI Tools provided through the use of this Website may be transmitted to and processed by such Embedded AI Tools, including third-party providers thereof. In response, the Embedded AI Tools may generate suggested text, information, analyses, results, content, recommendations, and other materials (collectively, “Output”), and that, given the probabilistic nature of artificial intelligence technology, the Output may be inaccurate or inappropriate in response to the input provided. Any and all decisions made by you in reliance on any Output are made at your own risk and Company shall have no responsibility or liability arising therefrom. You are solely responsible for evaluating the accuracy, completeness, and suitability of the Output for your intended use cases, and subjecting the Output to appropriate quality control procedures, including human review and verification. You understand that other users of the Embedded AI Tools may provide similar or identical input and may receive Output that is similar or identical to Output. 

Additional Terms for Products and Services.   Certain features, products, or services made available through the Website may be subject to additional terms, including Company’s End User License Agreement, available at https://homeceuconnection.com/pages/eula (“EULA”) and Refund Policy, available here (the “Refund Policy”).  If you create an account, purchase, subscribe to, or otherwise access such features, products, or services, you will be required to review and agree to those additional terms at the time of such action.  In the event of conflict between these Terms and the EULA, the EULA will control with respect to the applicable products or services. 

Privacy Policy.  Your access to and use of the Website is also subject to Company’s Privacy Policy, available here (the “Privacy Policy”), which is incorporated into these Terms by reference.  The Privacy Policy describes how we collect, use, and disclose information, including through cookies and similar technologies. By using the Website, you acknowledge that you have read and understand the Privacy Policy. To the extent of any conflict, these Terms govern access to and use of the Website, and the Privacy Policy governs data collection and processing practices. 

Subscription Automatic Renewals. If you elect to purchase a one year or multi-year subscription, there will be a one-time fee paid upfront for the full annual or multi-year term. Following the end of the full year or multi-month term, the subscription will automatically renew for the same number of years as the original term and on the same terms and conditions except that the price charged to you for the subscription will be the retail price then published by Company on its website (inclusive of any published discount). Prior to automatic renewal, you may cancel the automatic renewal feature at any time through the self-serve options in your Account or by emailing us at help@homeceu.com. Canceling will end the automatic renewals of your subscription and the cancellation will be effective immediately when you give proper cancellation notice. Fees are non-refundable except as otherwise provided in the Refund Policy. 

For any recurring payments, you may be asked to authorize Company to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you cancel your subscription, and to pay any charges so incurred. If you are billed through an invoice, full payment for invoices issued by Company in any given month must be received by Company thirty (30) days after the mailing date of the invoice, or any access to the products or services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. 

Social Media. This section applies to everyone who interacts with Company’s social media presence including social media features on Company products and services (“Internal Social Media Features”) or from comment sections, feeds, and other elements of social media presence viewable on Facebook, Twitter, YouTube, Google+, LinkedIn, or any of the many other available external third party social media platforms we may utilize (“External Social Media Presence”). 

Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor the Privacy Policy apply to the External Social Media Presence. The sites and platforms that host the External Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Company. Comments that some would consider inappropriate or offensive may appear on the Internal Social Media Features as well as the External Social Media Presence and may remain there until they have been identified by us or called to Company’s attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on the External Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose. If you see such a post on Internal Social Media Features it should be reported directly to us via the contact information below. 

Intellectual Property and Use Restrictions.  The Website and all Content made available through it, including without limitation text, graphics, images, audio-visual materials, software, designs, layout, look and feel, trademarks, service marks, logos, and other materials) are owned by or licensed to Company and are protected by applicable intellectual property laws. Company reserves all rights not expressly granted in and to the Website and the Content. Subject to your compliance with these Terms, you may access and use the Website and Content solely for your personal, non-commercial use. Any other use is strictly prohibited. You may not copy, reproduce, distribute, modify, or create derivative works from, publicly display, transmit, or otherwise exploit any Content, in whole or in part, or make any Content available on any other website, platform, or medium, without Company’s prior written consent. Any unauthorized use of the Website or Content may result in the suspension or termination of your access and may violate applicable laws.  

Communications 

Autodialed or Pre-recorded Calls and SMS Messaging.   

By agreeing to receive electronic communications and/or by providing us your telephone or mobile number in connection with our Services, you represent that you are the subscriber of the cellular service at the mobile number provided, or that you are authorized by the subscriber to sign up to receive communications by telephone or text message. You further consent to receive autodialed or prerecorded calls, SMS, and/or text messages from HomeCEU so that HomeCEU may deliver or cause to be delivered, to you at the telephone number provided by you to HomeCEU telemarketing, promotional, informational, and transactional calls and text messages using an automatic telephone dialing system or an artificial or prerecorded voice.  Message and data rates may apply. Text message and call frequency varies. You can opt-out of receiving calls and text messages at any time by replying “STOP” or by contacting HomeCEU at help@homeceu.com and letting Company know you want to opt-out of receiving calls and/or text messages from HomeCEU in the future. You may reply “HELP” to a text message for help. All calls may be recorded for quality and training purposes. You also acknowledge and agree that your consent to receive such calls and text messages is not required to purchase any property, goods, or services from the HomeCEU.  

Email Communications. 

You are also authorizing the Company to send you commercial, promotional, and transactional emails to the email address you provided to the Company. To opt-out of receiving emails from us in the future, please follow the opt-out instructions at the bottom of our emails or by contacting us at [insert email address and telephone number monitored for opt-outs] to let us know you want to opt-out of receiving emails from us in the future. See our Privacy Policy available here and these Terms. 

Availability and Changes to Website.  The Website may be unavailable from time to time due to maintenance, updates, technical issues, or other reasons. Company does not guarantee that the Website, or any Content or functionality, will be available, uninterrupted, secure, or error-free. Company reserves the right, at any time and in its sole discretion, to modify, suspend, discontinue, or remove the Website, or any portion thereof, including any Content, features, or functionality, with or without notice and without liability to you. 

Third-Party Links and Content.  The Website may contain links to third-party websites or services, including websites operated by Company’s affiliates.  Except as expressly stated, Company does not control and is not responsible for the content, policies, or practices of websites or services not operated by Company, and your use of any such websites or services is at your own risk and subject to the terms and policies of such websites or service providers. Websites operated by Company or its affiliates may be governed by separate terms of use and privacy policies, which will apply when you access or use those websites. Access to such websites may require your acceptance of applicable terms. Company does not investigate, monitor, or verify the accuracy, completeness, or quality of any third-party content. The inclusion of any link does not imply endorsement, sponsorship, or approval by Company of such third-party websites or any content, products, or services available through them. These Terms and the Privacy Policy do not apply to third-party websites or services. You should review the applicable terms and privacy policies before using any such websites or services. 

Disclaimers.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  COMPANY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TIMELINESS OR COMPLETION AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DO NOT WARRANT THAT THE CONTENT, THE INFORMATION CONTAINED IN THE WEBSITE OR THE COMPLETION OF ANY COURSE, PROGRAM OR SIMULATED EXAMINATION WILL EITHER ASSURE A PASSING GRADE ON A LICENSING EXAMINATION OR SATISFY ANY REQUIREMENTS, STATUTORY, REGULATORY OR OTHERWISE CONCERNING CONTINUING EDUCATION AS THE CASE MAY BE. YOU SOLELY BEAR THE RISK WITH RESPECT TO YOUR INDIVIDUAL ABILITY TO OBTAIN A PASSING GRADE ON A LICENSING EXAMINATION OR WITH RESPECT TO YOUR INDIVIDUAL COMPLIANCE WITH CONTINUING EDUCATION REQUIREMENTS. THE WEBSITE AND CONTENT ARE PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE.   

Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, LICENSORS, BUSINESS AND UNIVERSITY  PARTNERS AND SPONSORS, SERVICE PROVIDERS, CONTRACTOR AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE SHALL NOT EXCEED THE LESSER OF THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR TWENTY ($20.00) DOLLARS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. No claim may be brought more than one (1) year after accrual of such claim. 

Indemnification.  You agree, at Company’s option, to defend, indemnify, and hold harmless Company, its affiliates, licensors, service providers, and their respective officers, directors, employees, and agents, from and against any claims, demands, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your access to or use of the Website; (ii) your violation of these Terms; (iii) your violation of any applicable law or regulation; (iv) your infringement or misappropriation of any third-party rights; or (v) any User Content you submit, post, or transmit through the Website. 

Monitoring, Suspension, and Termination.  Company reserves the right, but does not undertake any obligation, to monitor, review, and investigate your use of the Website for compliance with these Terms and applicable law. Company may, in its sole discretion, suspend, restrict, or terminate your access to all or any portion of the Website at any time, with or without notice, for any reason, including if Company believes you have violated these Terms. Company may also remove or disable access to any content or materials or take any other actions it deems appropriate to protect the Website, Company, or other users. 

Agreement to Arbitrate.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND COMPANY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, ANY CONTENT, CERTIFICATION, OR INTERACTION WITHIN THE SERVICES, AND/OR ANY PRIOR OR FUTURE DEALINGS BETWEEN YOU AND COMPANY (COLLECTIVELY, “DISPUTES”) SHALL BE RESOLVED EXCLUSIVELY THROUGH CONFIDENTIAL FINAL AND BINDING ARBITRATION, EXCEPT AS EXPRESSLY PROVIDED BELOW.  

This agreement to arbitrate is intended to be broadly interpreted and includes, without limitation: (i) Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) Disputes that arose before or after acceptance of these Terms; (iii) Disputes related to marketing, enrollment, payment, performance, or termination; and (iv) Disputes involving Company’s Affiliates, service providers, instructors, or agents.  The provisions of the agreement to arbitrate set forth in this Section will, where possible, be interpreted to sustain the legality and enforceability of such agreement.  If this Section, in whole or in part, is determined to be unenforceable, then the arbitrator may sever and/or reform any such provision to make it enforceable. 

Before initiating arbitration pursuant to this Section, the claimant must provide the other party with a written notice of the Dispute describing the nature of the claim, the legal and factual basis, and the specific relief sought, including a good-faith demand for monetary or other relief.  The parties shall then engage in good faith efforts to resolve the Dispute for a period of thirty (30) days from receipt of such notice.  If the dispute is not resolved, either party may elect non-binding mediation to occur remotely, which shall be completed within thirty (30) days of request.  Compliance with this process is a condition precedent to arbitration, and any arbitration filed without compliance may be dismissed or stayed.  If the Dispute is not resolved through informal efforts, either party may elect to submit the Dispute to non-binding mediation, administered by a mediation body or forum of Company’s choosing, with such body or forum subject to your reasonable input in Company’s sole discretion, in accordance with the applicable rules of the chosen body or forum.  Unless otherwise agreed, mediation shall occur remotely and be completed within thirty (30) days of a party’s request.  Participation in mediation is a condition precedent only if elected by a party.  All applicable statutes of limitation shall be tolled during the pendency of the informal resolution period (and any agreed mediation period).  All communications made during the informal resolution and mediation process are confidential, for settlement purposes only, and inadmissible to the fullest extent permitted by law.  (The process described in this paragraph is hereinafter referred to as the “Pre-Arbitration Process”.) 

Notwithstanding the foregoing, Company may seek injunctive or equitable relief to enjoin misuse of the Website, products, or service, enjoin misuse of its Confidential Information, and enjoin misuse or disclosure of its Content in courts of competent jurisdiction.  Such action for injunctive or equitable relief shall not be subject to the Pre-Arbitration Process, and Company need not pursue or exhaust any informal resolution efforts prior to seeking such relief.  

Class Action Waiver.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIMS RELATING TO YOUR USE OF THE WEBSITE WILL BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, AND THAT YOU WAIVE ANY RIGHT TO PARTICIPATE IN ANY SUCH ACTION.  

Changes to Terms.  Company may update these Terms from time to time. The updated version will be posted on the Website with a revised effective date. Your continued use of the Website after the effective date of any updated Terms constitutes your acceptance of such updated Terms. IF YOU DO NOT AGREE TO THE UPDATED TERMS, YOU MUST DISCONTINUE YOUR USE OF AND ACCESS TO THE WEBSITE. 

Sanctions and Export Compliance. Company’s technology, products and services may be subject to U.S. and applicable non-U.S. export control, sanctions, embargo, anti-boycott, and trade compliance laws, including laws administered by the U.S. Department of Commerce, the U.S. Department of the Treasury’s Office of Foreign Assets Control, and the U.S. Department of State. You are responsible for complying with all applicable local laws and trade controls when accessing or using the Website, Content or Company’s technology, products and services. You represent and warrant that you are not located in, ordinarily resident in, organized under the laws of, or accessing the services from any country, territory, or region where such access is prohibited; that you are not listed on, owned or controlled by, or acting on behalf of any person or entity listed on any applicable sanctions, denied-party, debarment, exclusion, or export-control restricted-party list; and that you will not use, export, re-export, transfer, resell, share, or make available Company technology,  products or services, in violation of applicable trade controls. 

You must not to use Company technology, products or services for any prohibited or restricted end use, including military, weapons, nuclear, chemical, biological, missile, terrorist, surveillance, or other restricted purposes, and not to use VPNs, proxies, false location information, false account information, account sharing, or any other method to evade trade compliance restrictions. Company may screen users, customers, learners, transactions, payment information, IP addresses, account information, and usage activity for trade compliance purposes, and may request additional information, refuse enrollment or purchase, restrict access, block access from certain locations, suspend or terminate accounts, cancel transactions, or withhold or revoke certificates or credentials where we determine that such action is necessary or appropriate to comply with applicable law or Company  compliance obligations. 

Governing Law, Venue and Jury Trial Waiver.  These Terms and any disputes arising out of or relating to these Terms or the Website (“Disputes”) shall be governed by the laws of the State of Missouri, without regard to its conflict of law principles. To the extent a Dispute is permitted to proceed in court instead of arbitration, you waive you right to a jury trial for all Disputes you may assert against Company,  and such Disputes shall be brought exclusively in the state or federal courts located in St. Louis, Missouri, and you irrevocably submit to the exclusive jurisdiction of such courts and waive any objection to venue therein.   

Miscellaneous. 

a. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. 

b. No Waiver.  Company’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision, nor will any waiver be deemed a waiver of any subsequent breach or default. 

c. Entire Agreement. These Terms constitute the entire agreement between you and Company regarding your access to and use of the Website and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral, relating to such subject matter, except as supplemented by any applicable End User License Agreement. 

d. Assignment. You may not assign, transfer, or delegate these Terms, in whole or in part, without Company’s prior written consent. Company may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. 

Contact Information.  If you have any questions about these Terms, please contact us at: help@homeceu.com.  

 

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