NURSING.com TERMS OF USE
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY NURSING.com PLATFORM.
LAST REVISED: January 27, 2021
Welcome to the NURSING Family! You are reading these Terms because you are using a NURSING.com website, digital experience, social media platform, mobile app, or one of the other products or services, all of which are part of NURSING.com’s Platform (“Platform”). You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”. Your carrier’s normal rates and fees apply to your Device. These TERMS OF USE (“Terms of Use”) constitute a binding contract between you and TazKai LLC d.b.a. NRSNG and its affiliates including NRSNG LLC and NRSNG Academy LLC (collectively referred to as ″NURSING.com″), regarding your use of the Platform.
1. ELIGIBILITY
1.1. We understand the importance of protecting children’s privacy in the interactive online world. The Platform is not designed for, directed to, or intentionally targeted at children younger than thirteen (13) years of age. IF YOU ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE YOU MAY NOT USE THE PLATFORM. IF YOU ARE THIRTEEN (13) YEARS OF AGE OR OLDER BUT UNDER EIGHTEEN (18) YEARS OF AGE, YOU MAY ONLY USE THE PLATFORM WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN.
1.2. The NURSING.com Platform is controlled and operated by NURSING.com from its offices in the State of Texas. The domain of the website is registered in the United States and the Platform is hosted in the United States. The Platform is not intended for individuals that reside outside of North America.
1.3. NURSING.com makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Platform should not be construed as NURSING.com purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Texas and the United States.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. Unless otherwise expressly indicated, all content on the Platform, including layout, design, documents, images, videos, graphics, applications, news stories, animations, audio, programs, text and other content and information (collectively the “Content”) is the property of NURSING.com and its affiliated companies or licensors and is protected by copyright, trademark, patent and other laws. NURSING.com reserves all rights not expressly described in these Terms.
2.2. Unless expressly granted, no right, title or interest in or to the Content or any portion thereof, is transferred to you by use of the Platform or Content.
2.3. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
2.4. To the extent NURSING.com approves the download or use of Content comprised of copyrights or copyrightable works, NURSING.com grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as NURSING.com makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all Content is intended for personal, non-commercial use. NURSING.com reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. NURSING.com reserves the right to take down Content in violation of these terms or NURSING.com’s intellectual property rights. NURSING.com allowing you this limited use does not constitute a waiver of any of NURSING.com’s rights to the Content.
2.5. Outside of the specific usage rights granted to you by NURSING.com in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without NURSING.com ’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.
2.6. You may print for your own personal and non-commercial use Content that NURSING.com makes available for downloading, provided that you keep intact all copyright and other proprietary notices and do not post the Content on any network or broadcast in any media.
3. POSTING USER CONTENT ON THE PLATFORM
3.1. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.” NURSING.com is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to NURSING.com as described below:
3.1.1. You represent that you have the right to post your User Content, and you grant NURSING.com a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. NURSING.com may, in its sole discretion, remove any User Content at any time.
3.1.2. You understand that deleted User Content may persist in NURSING.com’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.
3.1.3. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to NURSING.com a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
4. CODE OF CONDUCT
4.1. Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content.
4.2. Do not do anything that may expose NURSING.com or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform.
4.3. Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
4.4. Do not use any data mining, robots, scraping or similar data gathering methods.
Unless we indicate otherwise, our Platform is a public place.
4.5. Do not post personal information to the Platform – yours or anybody else’s.
4.6. Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.
4.7. Do not collect or solicit personal information from other Platform users or send unsolicited messages.
4.8. Do not use automated technology to interact with the Platform.
4.9. Respect the NURSING.com community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. NURSING.com has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
4.10. Do not impersonate any person or organization.
4.11. Do not use the Platform for commercial purposes.
4.12. You are prohibited from violating or attempting to violate any security features of the Platform, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Platform, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mail bombing,” “crashing” or instituting a “DDOS” attack on the Platform; (d) using the Platform to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Platform; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Platform. Any violation of system or network security may subject you to civil and/or criminal liability.
5. COPYRIGHT INFRINGEMENT
5.1. Please consult your legal advisor before filing a notice with us because there may be penalties for false claims. Title 17 USC § 512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC § 512(c)(3).
5.2. NURSING.com may terminate the accounts of Platform users found to infringe third party copyrights.
5.3. If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information
(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where on the Platform the content that you claim is infringing is located; and
(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Send copyright infringement complaints to:
NURSING.com
Attn: Legal Department (Copyright)
11918 SE Division Street #2114
Portland, OR 97266
[email protected]
6. PARTNERS ON THE PLATFORM
6.1. NURSING.com may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). You may be able to connect with these Third Parties through the Platform, but this does not mean NURSING.com endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any Third Party’s sites and terms of use and privacy policy.
6.2. NURSING.com is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.
7. TERMINATION
7.1. NURSING.com may terminate or modify any NURSING.com Platform, member program, product or service at any time without notice.
7.2. NURSING.com may terminate or suspend your access or delete any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to NURSING.com, subject to applicable law.
7.3. You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your access is terminated.
7.4. These Terms remain in effect even after your access is terminated or you have stopped using the Platform.
8. USE OF SOFTWARE
8.1. NURSING.com may make certain software or applications available to you. If you download software or use any web tools or applications, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by NURSING.com, for your personal, noncommercial, home use only.
8.2. NURSING.com does not transfer either the title or the intellectual property rights to the Software, and NURSING.com retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
8.3. All trademarks and logos associated with such Software are owned by NURSING.com or its licensors and you may not copy or use them in any manner.
9. MEDICAL INFORMATION DISCLAIMER
9.1. Products and content produced, published or sold on the Platform or by NURSING.com including but not limited to NURSING.com, blogs, tutoring sessions, podcasts, courses, videos, cheatsheets, Scrubcheats, books, other print and digital materials, and all other products (collectively referred to as the “NURSING.com Products”) are for entertainment and informational purposes only and should not be used to make medical diagnosis, give medical advice or prescribe medical treatment.
9.2. NURSING.com Products are designed to provide accurate information in regard to the subject matter covered and NURSING.com uses reasonable efforts to ensure such information is accurate. Notwithstanding the foregoing, NURSING.com MAKES NO WARRANTY OR GUARANTY AS TO, AND ASSUMES NO RESPONSIBILITY FOR, THE CORRECTNESS, SUFFICIENCY, ACCURACY OR COMPLETENESS OF INFORMATION OR RECOMMENDATIONS MADE IN NURSING.com PRODUCTS, OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF NURSING.com PRODUCTS.
9.3. NURSING.com Products may provide information, guidance, and recommendations related to a variety of subject matters, including but not limited to, medical treatment, emergency care, drugs, medical devices, and side effects; however, research, clinical practice, and government regulations often change the accepted standards and it is SOLELY YOUR RESPONSIBILITY, and not the responsibility of NURSING.com, to determine appropriate medical treatment, the use of any drug in the clinical setting, and for determining FDA status of a drug, reading the package insert, and reviewing prescribing information for the most up-to-date recommendations on dose, precautions, and contraindications, and determining the appropriate usage for a product.
9.4. NURSING.com Products were developed based on generally accepted education and nursing principles and standards in the United States, and have not been customized or otherwise specifically designed for use in any other country.
9.5. Any procedures and protocols noted in NURSING.com Products are based on current recommendations of responsible sources; however, you understand that other or additional measures may be required under particular circumstances. NURSING.com Products are intended solely as a guide and for educational purposes and are not intended to be used for actual medical treatment or as a statement of the standards of care required in any particular situation, because circumstances and patients’ physical conditions can vary widely from one set of circumstances to another.
9.6. NURSING.com PRODUCTS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, NURSING.com HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO NURSING.com PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN STATEMENT BY ANY EMPLOYEE OR REPRESENTATIVE OF NURSING.com OR OF ITS SUPPLIERS, LICENSORS AND PARTNERS SHALL CREATE A WARRANTY OR MODIFY THIS SECTION.
9.7. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILITY TO USE, NURSING.com PRODUCTS IS AT YOUR SOLE RISK. NURSING.com DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN NURSING.com PRODUCTS. NURSING.com AND ITS SUPPLIERS TAKE PRECAUTIONS TO PROTECT NURSING.com PRODUCTS, BUT MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM.
9.8. Certain NURSING.com Product’s content and material may include facts, views, opinions and recommendations of persons other than NURSING.com, which are deemed by NURSING.com to be of educational interest to NURSING.com Product users. NURSING.com and its suppliers make no guarantee or warranty regarding the accuracy, completeness, or timeliness of such content or material, nor do they make any endorsement in connection with use of such third party content or material. Similarly, statements and opinions in NURSING.com Products are provided as guidelines only and should not be construed as official policy and NURSING.com AND ITS SUPPLIERS EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ACTION TAKEN IN RELIANCE ON THESE STATEMENTS OR OPINIONS.
10. LIMITATION ON LIABILITY
10.1. NURSING.com IS NOT LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USE OF THE PLATFORM OR THE CONTENT CONTAINED ON THE PLATFORM. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL NURSING.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, OR DATA) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
10.2. YOU HAVE SOLE RESPONSIBILITY FOR BACKUP AND PROTECTION OF YOUR DATA AND YOUR USE OF THE PLATFORM AND WILL NOT MAKE ANY CLAIM AGAINST NURSING.com OR ANY NURSING.com AFFILIATE IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR THE CONTENT.
10.3. YOU WILL NOT BRING ANY LEGAL ACTION AGAINST NURSING.com OR ITS AFFILIATES IN CONNECTION WITH, AND WILL HOLD NURSING.com AND ITS AFFILIATES HARMLESS FROM AND AGAINST, ANY CLAIMS BASED ON YOUR USE OF THE PLATFORM.
11. THIRD PARTY LINKS AND INFORMATION
11.1. The Platform may contain links to other websites that are not operated by or related to NURSING.com. NURSING.com is not responsible for the content, accuracy or opinions expressed in such third party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by NURSING.com.
12. SUBSCRIPTION SERVICES
12.1. NURSING.com makes available on the Platform certain subscription services (each a “Subscription”) for its products and software. When you register for any Subscription (including Trial Subscriptions), you agree to these Terms and to additional terms applicable to your Subscription, including billing terms, credit card authorizations and content availability terms, that are specified on the registration page when you register for your Subscription. Your Subscription may not be converted, upgraded or amended to any other Subscription. Subscription payments may not be refunded, applied to another Subscription or prorated upon cancellation.
12.2 The Lifetime Access Installment Plan is payable in equal monthly installments with the number of installments determined at the time of purchase. The Lifetime Access Installment Plan will be billed for the determined number of installments on a monthly basis until all installment payments have been made or the subscriber cancels, whichever occurs first. A cancellation of the Lifetime Access Installment Plan prior to completion of all installment payments will result in a forfeiture of all previous payments. A cancellation of the Lifetime Access Installment Plan prior to the completion of all installment payments will result in a loss of Lifetime Access. Upon completion of all installment payments the subscriber will be granted Lifetime Access, as defined in these Terms.
12.3. The Lifetime Access Single Payment is payable in a single payment due at the time of purchase. Cancellations and refunds are not possible with the Lifetime Access Single Payment. Upon purchase, the subscriber will be granted Lifetime Access to NURSING.com.
12.4.Subscribers of the Lifetime Access Installment Plan and Lifetime Access Single Payment may obtain Lifetime Access to the subscribed software or product upon meeting the terms of purchase of their plan. If a Subscriber obtains Lifetime Access he will have access to data updates when and as such updates are made available for the courses and content available to him at the time of his initial purchase. Lifetime Access means a period beginning from the date the final installment (or single payment in the case of the Lifetime Access Single Payment) and ending upon the earlier of the following: (i) the subscriber failing to login to the product or software for a period of 24 (twenty-four) months (ii) NURSING.com no longer offering the product or software for purchase or Subscription or (iii) the sale, merger, purchase or dissolution of NURSING.com.
12.5. Subscription plans that are not paid in full may be cancelled by NURSING.com. Payments will not be refunded or prorated except at the discretion of NURSING.com.
12.6. NURSING.com may offer certain courses or course packages for a one time payment. Cancellation of these courses will not be refunded.
12.7. If you receive free access or a $1 trial or evaluation subscription (collectively “Trial Subscriptions”) to the NURSING.com, then you use NURSING.com in accordance with these Terms. Trial Subscriptions are permitted solely for your use to determine whether to purchase a full Subscription to NURSING.com. You may not use a Trial Subscription for any other purpose, including for competitive analysis. At the end of the trial period, the Trial Subscription will expire and you will have the option to purchase a full Subscription to NURSING.com. If you do not cancel your Trial Subscription prior to the end of the Trial Subscription you will be charged for the full Subscription as set out in these Terms and in the additional terms applicable to the full Subscription specified on the registration page when you register for your Subscription. You may not register for a Trial Subscription more than one time. You acknowledge and agree that if you register for and later cancel a Trial Subscription, any subsequent registration for a Trial Subscription shall be deemed a registration for a Subscription and you will be charged the full price of the Subscription.
12.8. Additional limitations as to the services and content that will be made available to the Subscriber may apply.
13. MONEY BACK GUARANTEE
13.1. NURSING.com is confident that subscribers who utilize the resources available on NURSING.com will be capable of passing the NCLEXⓇ exam.
13.2. NURSING.com will issue a one-time refund to a subscriber in the amount of 200% (two hundred percent) of the total payments the subscriber has made to NURSING.com prior to their failed NCLEX Test date up to a maximum of $800 (eight hundred United States dollars) (the “Money Back Guarantee”) if the subscriber has met the Qualification Requirements (as defined below).
13.3. A subscriber is eligible to receive the Money Back Guarantee if: (i) the subscriber has passed the SimclexⓇ test simulation at least once prior to taking the NCLEXⓇ exam; and (ii) the subscriber provides satisfactory proof, within 60 days of failing the NCLEXⓇ exam, that the subscriber took and failed the NCLEXⓇ exam on the subscriber’s first attempt. (collectively, the “Qualification Requirements”). A subscriber may provide satisfactory proof via email to [email protected].
13.4. Upon meeting the Qualification Requirements, NURSING.com will provide the subscriber with the Money Back Guarantee within thirty (30) days of the subscriber meeting the Qualification Requirements.
13.5 Subscriber acknowledges and agrees that the Money Back Guarantee is issued on a one-time, per subscriber, and per Subscription basis and is valid only for subscriber’s first Subscription in NURSING.COM. Subsequent Subscriptions are not eligible for the Money Back Guarantee
14. PRIVACY POLICY
14.1. Users agree that NURSING.com can share personal information if the creation of your NURSING.com access was initiated by a third party or your access was initiated by you with the use of a code provided to you by a third party. For example, if an educational institution purchases our content or initiates a free trial for a student user to access the platform, NURSING.com may share the student user’s personal information with the aforementioned educational institution. Personal information that may be shared includes user data, user actions, and user results. User data refers to personal information provided by the user that could be used to identify the user. Examples include username, email address, or phone number. User actions refer to data collected while using the NURSING.com platform. Examples include number of logins, time on site, lessons viewed, study plan progress, and number of questions taken. User results refer to results of evaluations on NURSING.com. Examples include quiz results and question statistics.
14.2. NURSING.com respects your privacy and permits you to control the treatment of your personal information. A complete statement of our privacy policy can be found by clicking here. NURSING.com’s privacy policy is expressly incorporated into these Terms by this reference.
15. AFFILIATION AND ASSOCIATION
15.1. NURSING.com is not affiliated with or in association with the National Council of State Boards of Nursing, Inc. nor any other professional nursing association. No content found on or within the Platform should be interpreted or construed otherwise.
16. AFFILIATES
16.1. NURSING.com believes in full disclosure and transparency. NURSING.com occasionally offers products or services on the Platform from which NURSING.com receives a commission if you make a purchase. NURSING.com will indicate when such commissions are received.
16.2 NURSING.com seeks to follow the Federal Trade Commission’s guidelines regarding Affiliate commissions and truth in advertising.
17. EMAIL COMMUNICATIONS
17.1 By using the Platform, you expressly consent and agree to receive email communications from us. These email communications may be commercial or non-commercial in nature. Non-commercial emails may include, but are not limited to, administrative issues and announcements of changes to these Terms, the Privacy Policy or other Platform documentation.
18. SEVERABILITY; WAIVER
18.1. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.
18.2. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
19. GOVERNING LAW
19.1. These Terms shall be construed and governed by the laws of the State of Texas, without regard to the principles of conflict of laws thereof. You agree and accept that any legal action or proceeding shall be brought in the federal or state courts for the State of Texas, Collin County, and you expressly waive any objection to personal jurisdiction, venue or forum non conveniens.
19.2. Additionally, in the event of any dispute or claim relating to or arising out of these Terms of Service (including but not limited to, any claims of breach of contract, tort, infringement), you agree that all such disputes or claims will be resolved by means of a court trial conducted by the District Court of Collin County, Texas and you expressly waive any right you may otherwise have to a jury trial.
20. AMENDMENTS
20.1. NURSING.com reserves the right to amend these Terms. Should NURSING.com seek to make such an amendment, which we determine is material in our sole discretion, we shall:
20.1.1. Provide you notice by email of said change 15 days prior to the change going into force, and
20.1.2. Publish on the home page the fact an amendment will be made.
20.2. Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement. All amendments to the Terms shall be forward looking.
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