LAST REVISED: AUGUST 21, 2019
1.1. You are only eligible to use the Platform if you are eighteen (18) years of age.
1.2. The NRSNG Platform is controlled and operated by NRSNG 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 intended audience for this site consists of individuals in the United States only.
1.3. NRSNG 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 NRSNG 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 NRSNG and its affiliated companies or licensors and is protected by copyright, trademark, patent and other laws. NRSNG 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 NRSNG approves the download or use of Content comprised of copyrights or copyrightable works, NRSNG 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 NRSNG 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. NRSNG 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. NRSNG reserves the right to take down Content in violation of these terms or NRSNG’s intellectual property rights. NRSNG allowing you this limited use does not constitute a waiver of any of NRSNG’s rights to the Content.
2.5. Outside of the specific usage rights granted to you by NRSNG 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 NRSNG’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 NRSNG 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.” NRSNG 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 NRSNG as described below:
3.1.1. You represent that you have the right to post your User Content, and you grant NRSNG 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. NRSNG may, in its sole discretion, remove any User Content at any time.
3.1.2. You understand that deleted User Content may persist in NRSNG’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 NRSNG 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 NRSNG 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 NRSNG 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. NRSNG 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. NRSNG 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:
Attn: Legal Department (Copyright)
1506 Greenville Ave., #220
Allen, Texas 75002
6. PARTNERS ON THE PLATFORM
6.2. NRSNG is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.
7.1. NRSNG may terminate or modify any NRSNG Platform, member program, product or service at any time without notice.
7.2. NRSNG 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 NRSNG, 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. NRSNG 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 NRSNG, for your personal, noncommercial, home use only.
8.2. NRSNG does not transfer either the title or the intellectual property rights to the Software, and NRSNG 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 NRSNG 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 NRSNG including but not limited to NRSNG Academy, blogs, tutoring sessions, podcasts, courses, videos, cheatsheets, Scrubcheats, books, other print and digital materials, and all other products (collectively referred to as the “NRSNG 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. NRSNG Products are designed to provide accurate information in regard to the subject matter covered and NRSNG uses reasonable efforts to ensure such information is accurate. Notwithstanding the foregoing, NRSNG MAKES NO WARRANTY OR GUARANTY AS TO, AND ASSUMES NO RESPONSIBILITY FOR, THE CORRECTNESS, SUFFICIENCY, ACCURACY OR COMPLETENESS OF INFORMATION OR RECOMMENDATIONS MADE IN NRSNG PRODUCTS, OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF NRSNG PRODUCTS.
9.3. NRSNG 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 NRSNG, 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. NRSNG 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 NRSNG Products are based on current recommendations of responsible sources; however, you understand that other or additional measures may be required under particular circumstances. NRSNG 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. NRSNG PRODUCTS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, NRSNG HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO NRSNG 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 NRSNG 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, NRSNG PRODUCTS IS AT YOUR SOLE RISK. NRSNG DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN NRSNG PRODUCTS. NRSNG AND ITS SUPPLIERS TAKE PRECAUTIONS TO PROTECT NRSNG 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 NRSNG Product’s content and material may include facts, views, opinions and recommendations of persons other than NRSNG, which are deemed by NRSNG to be of educational interest to NRSNG Product users. NRSNG 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 NRSNG Products are provided as guidelines only and should not be construed as official policy and NRSNG 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. NRSNG 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 NRSNG 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 NRSNG OR ANY NRSNG 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 NRSNG OR ITS AFFILIATES IN CONNECTION WITH, AND WILL HOLD NRSNG 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 NRSNG. NRSNG 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 NRSNG.
12. SUBSCRIPTION SERVICES
12.1. NRSNG makes available on the Platform certain subscription services for its products and software.
12.2. Subscriptions are either a Month-to-Month Subscription, a Two-Year Subscription, a Lifetime Access Installment Plan, a Lifetime Access Single Payment, or on a Test Prep Plan (e.g. NCLEX Test Prep) (collectively “Subscription Plans”).
12.3. The Month-to-Month Subscription is payable on a monthly basis in equal installments determined at the time of purchase. The Month-to-Month Subscription will be billed until cancelled by either the Subscriber or NRSNG. The Month-to-Month Subscription will not grant the subscriber Lifetime Access. The Month-to-Month Subscription may not be converted, upgraded or amended to any other Subscription. Payments made on the Month-to-Month Subscription may not be refunded, applied to another Subscription, or prorated upon cancellation.
12.4. The Two-Year Subscription is payable in either a lump-sum payment or in equal installments determined at the time of purchase. The Two-Year Subscription will be billed until full payment has been made by the Subscriber. The Two-Year Subscription will grant the Subscriber two years (determined from the date of purchase) access to NRSNG Academy. Payments made on the Two-Year Subscription may not be refunded or applied to another Subscription.
12.5. 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.
12.6. 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 ge granted Lifetime Access to NRSNG Academy.
12.7. 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) NRSNG no longer offering the product or software for purchase or subscription or (iii) the sale, merger, purchase or dissolution of NRSNG.
12.8. The Test Prep Plans provide the Subscriber access to specific content that is defined at the point of sale for a limited period of time that is identified at the point of sale. The Test Prep Plans subscription will be billed in a single payment. The Test Prep Plans may not be converted, upgraded or amended to any other Subscription. Payments made on the Test Prep Plans subscriptions may not be refunded or applied to another Subscription.
12.9. Subscription plans that are not paid in full may be cancelled by NRSNG. Payments will not be refunded or prorated except at the discretion of NRSNG.
12.10. NRSNG may offer certain courses or course packages for a one time payment. Cancellation of these courses will not be refunded.
12.11. If you receive free access or a $1 trial or evaluation subscription (collectively “Trial Subscriptions”) to the NRSNG Academy, then you use the NRSNG Academy in accordance with these Terms. Trial Subscriptions are permitted solely for your use to determine whether to purchase a full subscription to the NRSNG Academy. 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 the NRSNG Academy. If you do not cancel your subscription prior to the end of the Trial Subscription you will be charged for the full subscription as set out in these Terms.
12.12. Additional limitations as to the services and content that will be made available to the Subscriber may apply.
13. MONEY BACK GUARANTEE
13.1. NRSNG is confident that Subscribers who utilize the resources available on NRSNG Academy will be capable of passing the NCLEXⓇ exam.
13.2. NRSNG will refund to a Subscriber 200% (two hundred percent) of the total payments the subscriber has made to NRSNG up to a maximum of $800 (eight hundred United States dollars) (the “Money Back Guarantee”) if the subscriber has met the Qualification Requirements set out below and does not pass the NCLEXⓇ on the subscriber’s first attempt.
13.3. The Qualification Requirements that will make a subscriber eligible for the Money Back Guarantee include the following cumulatively requirements (i) the Subscriber has passed the SimclexTM test simulation at least once prior to taking the NCLEXⓇ exam and (iii) the Subscriber provides proof of taking and failing the NCLEXⓇ exam within 60 days of failing the exam to NRSNG by emailing [email protected]
13.4. Upon meeting the Qualification Requirements, NRSNG will provide the Subscriber with the Money Back Guarantee.
15. AFFILIATION AND ASSOCIATION
15.1. NRSNG 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.
16.1. NRSNG believes in full disclosure and transparency. NRSNG occasionally offers products or services on the Platform from which NRSNG receives a commission if you make a purchase. NRSNG will indicate when such commissions are received.
16.2. NRSNG seeks to following the Federal Trade Commission’s guidelines regarding Affiliate commissions and truth in advertising.
17. EMAIL COMMUNICATIONS
18. SEVERABILITY; WAIVER
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.
20.1. NRSNG reserves the right to amend these Terms. Should NRSNG 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.
All Images Purchased From FOTOLIA.com are the Work of Author Unless Otherwise Noted
NCLEX®-RN, NCLEX® are registered trademarks of the National Council of State Boards of Nursing, INC. and hold no affiliation with NRSNG
AMAZON DISCLAIMER: TazKai LLC and NRSNG.com are participants in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com. Amazon, the Amazon logo, AmazonSupply, and the AmazonSupply logo are trademarks of Amazon.com, Inc. or its affiliates.