Terms of Service
Agreement to Terms
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
You may use the Services only if you are over 18 years of age, an emancipated minor, or if you possess legal parental or guardian consent, and are fully capable of forming a binding contract with NCLEXEd and are not barred from using the Services under applicable law. In any case, you affirm that you are over the age of 13 since access to the Services is not intended for children under 13. If you are under 13 years of age, do not use the Services. In addition, certain Courses may have additional eligibility requirements, as specified on the Course website.
Registration and Your Information
If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site. You may only register for one Account.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Some Courses are provided for a fee. You agree to pay any applicable Course fee and any taxes and other fees that may accrue in relation to your registration for a Course, if any. Course fees will be payable in advance. All Course fees are non-refundable and non-transferable except as expressly provided in the additional terms in conditions for the applicable Course. All fees and applicable taxes, if any, are payable in United States dollars.
By registering in a Course, you agree to: complete all assessments, problems, homework and assignments with your own work (unless collaboration is expressly permitted); acknowledge any and all external sources used in your work; refrain from any activity that would dishonestly or fraudulently improve your results or disadvantage others in the Course; refrain from disclosing answers to assessments, problems, assignments and homework to others whether created by you, another Account holder or Course instructor or staff; be a responsible teammate and communicate with respect with your other teammates if you participate in a Course team; and not access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Services. This Honor Code is not intended to prohibit discussion of Course material. While students must submit work that is their own, students should feel free to discuss lectures or other Course material with other participants. If you use the Services in a manner that is inconsistent with the Honor Code we might have to suspend or terminate your Account.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
NCLEXEd does not claim any ownership rights in any Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, NCLEXEd and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through the Services you hereby grant to NCLEXEd a non-exclusive, irrevocable, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by NCLEXEd on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You acknowledge and agree that neither NCLEXEd nor the Course Provider is responsible for resolving any disputes between you and other Course participants regarding your rights to any User Content or other materials or inventions which may have been created by you alone or jointly with other Course participants.
You may be able to remove some of your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be removed or may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by NCLEXEd
Subject to your compliance with these Terms, NCLEXEd grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
The Content may include the opinion of the specific instructor and are not statements of advice, opinion, or information of NCLEXEd. The Services may also include the personal opinions and other expressions by Account holders who post entries on a wide range of topics. Neither the content of the forums, nor the links to other web sites, are screened, approved, reviewed or endorsed by NCLEXEd.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Certificates of Record and Disclaimer of Student Relationship
NCLEXEd or the Course Providers may offer a certificate or other acknowledgment (a “Certificate”) for students who, in their judgment, have satisfactorily demonstrated mastery of the Course material. Certificates of Record will be issued by NCLEXEd, the Course Provider or the instructor of the Course. The decision whether a Certificate will be awarded to a given student will be solely within the discretion of the Course Provider or the Course instructor. NCLEXEd or the Course Provider may choose not to offer a Certificate for some Courses.
Disclaimer of Student Relationship
When you take a course through the Services, you will not be an applicant for admission to, or enrolled in, any degree program of the Course Provider as a result of registering for or completing a course provided by the Course Provider through the Services. You will not be entitled to use any of the resources of the Course Provider beyond the Courses provided on the Services, nor will you be eligible to receive student privileges or benefits provided to students enrolled in degree programs of the Course Provider.
Acceptable Use Policy and NCLEXEd’s Enforcement Rights
Acceptable Use Policy
We ask that you respect our community of users and our desire for such users to feel safe when using the Services, including any Content. Accordingly, you agree that you’ll only use the Services in a manner that is consistent with our Acceptable Use Policy, which is incorporated by reference into these Terms. If you use the Services in a manner that is inconsistent with our Acceptable Use Policy we might have to suspend or terminate your Account.
NCLEXEd’s Enforcement Rights
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms including our Acceptable Use Policy. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DMCA Copyright Policy
NCLEXEd respects copyright law and expects its users to do the same. It is NCLEXEd’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright and IP Policy for further information.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT NCLEXEd DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES NCLEXEd MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. NCLEXEd MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You will indemnify and hold harmless NCLEXEd and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
NEITHER NCLEXEd NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NCLEXEd HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL NCLEXEd’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO NCLEXEd FOR USE OF THE AFFECTED COURSE OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO NCLEXEd, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NCLEXEd AND YOU.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NCLEXEd AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and NCLEXEd agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and NCLEXEd are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and NCLEXEd otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
These Terms constitute the entire and exclusive understanding and agreement between NCLEXEd and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between NCLEXEd and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without NCLEXEd’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. NCLEXEd may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by NCLEXEd under these Terms, including those regarding modifications to these Terms, will be given: (i) by NCLEXEd via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
NCLEXEd’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of NCLEXEd. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact NCLEXEd at support@NCLEXEd.com.
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Information Collection and Use
Our primary goals in collecting information are for NCLEXEd and the Course Providers to provide and improve the Site and the online courses, discussion forums and all content, information and services accessible via the Site and administer your Account (together with the Site, the “Services”) and to enable users to enjoy and easily navigate the Site.
Personally Identifiable Information
- When you create an Account or register for a Course through the Site, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your name, phone number, credit card or other billing information, email address and home and business postal addresses. We also collect Personal Information when you send us an email message. We use your Personal Information mainly to provide the Service and administer your inquiries.
- We also collect Personal Information that you provide to us when you participate in Courses or online forums or receive or participate in other Services.
- We also collect the other information that you provide as part of registration and the administration and personalization of your Account and as part of your registration for a Course (e.g., without limitation, zip code (on its own) and individual preferences) and other non-Personal Information that you provide to us when you participate in online forums or Courses or receive or participate in other Services (“Non-Identifying Information”).
- We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information)
- mainly to provide the Services, complete your transactions, and administer your inquiries.
- Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. Butthe same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other NCLEXEd Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Services and to analyze and understand how the Services are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product or service to you according to your preferences or restrictions.
- We also use your Personal Information to contact you with NCLEXEd newsletters, information about new courses, updates about the Site and NCLEXEd and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “user preferences” information. (See “Changing or Deleting Your Information,” below.)
When you visit the Site, whether as through a NCLEXEd Account or a non-registered user just browsing (any of these, a “NCLEXEd User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Services and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, and to better tailor it to our visitors’ needs. For example, some of this information is collected so that when you visit the Site again, it will recognize you and provide you with information appropriate to your interests. We also use this information to verify that visitors to the Site meet the criteria required to process their requests.
Our Service utilizes web beacons, pixel tags, cookies, embedded links, and other commonly used information-gathering tools. Although you may turn off the collection of cookies through your browser options, it may hamper your user experience or limit your ability to use the Service.
Third Party Data Sharing
Emailing Via a NCLEXEd Account
As part of the Services, NCLEXEd Account holders may communicate with NCLEXEd Account holders through use of their accounts. Where NCLEXEd Account holders have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from NCLEXEd to those email addresses on their behalf. These email addresses will be stored in the address book the NCLEXEd Account holder creates and will be used only for the purpose of sending the email communication to the addressee.
Identity theft and the practice currently known as “phishing” are of great concern to NCLEXEd. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.
Information Sharing and Disclosure
NCLEXEd Account holders
When you register through the Site and submit your Personal Information to create an Account, NCLEXEd Account holders, Course instructors and staff will see your “Screen Name”. NCLEXEd Account holders, Course instructors and staff may also see the month and year you first registered with NCLEXEd, answers to profile questions you provide when you create an Account or register for a Course as well as your Course activity, Course assignments and other submissions, postings in forums and communications with other Account holders, Course instructors and staff. Your provision of this Information and your posting of User Content should correlate with the degree of interaction you want to have with NCLEXEd Users and Course instructors and staff.
Aggregate Information and Non-Identifying Information
We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling, academic research and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
We may share Personal Information, Non-Identifying Information and Log Data with Course Providers. They use this information mainly to provide, administer and improve Courses and the Services, to respond to your inquiries, and to analyze and conduct research on the Services. We may also provide Personal Information to Course Providers for the purpose of their providing you with information on goods or services they believe will be of interest to you. You can, at any time, opt out of receiving such communications from a Course Provider using the opt out method provided by the Course Provider in the communication.
Service Providers and Business Partners
We may employ third party companies and individuals to facilitate the Services, to provide the Services on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site’s features) or to assist us in analyzing how the Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications.
Compliance with Laws and Law Enforcement
NCLEXEd cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of NCLEXEd or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
NCLEXEd may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Changing or Deleting Your Information
All Account holders may review, update, correct or delete the Personal Information in their Account profile by contacting us. If you completely delete all required information, then your Account may become deactivated. If you would like us to delete your Account record in our system, please contact us at privacy@NCLEXEd.com with a request that we delete the Personal Information you are required to provide to establish an Account from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes. Also, if you have included Personal Information in online forum postings or in Course assignments or information or communications shared with other Account holders or with Course instructors or staff, you may not be able to update, correct or delete this information from the Site.
NCLEXEd is very concerned with safeguarding your information. We employ reasonable physical, technological, and administrative security measures and attempt to ensure they are applicable under the circumstances. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Links to Other Sites
Our Site contains links to other websites. If you choose click on a third party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Our Policy Toward Children
This Site is not directed to children under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at email@example.com . If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
Acceptable Use Policy
This Acceptable Use Policy describes prohibited uses of the NCLEXED, Inc.(“NCLEXEd”) website located at www.nclexed.com (the “ Site ”) and the online courses (“ Courses ”), discussion forums and all content, information and services accessible via our Site (collectively with the Site called the “Services”).
You agree not to do any of the following:
- Use, or encourage, promote, facilitate or instruct others to use, the Services for any illegal, harmful or offensive use, including: (i) any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography; (ii) activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.
- Post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, or hate speech; (v) is harassment, violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vi) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the Site or Services, NCLEXEd’s name, any NCLEXEd trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without NCLEXEd’s express written consent;
- Access, tamper with, or use non-public areas of the Services, NCLEXEd’s computer systems, or the technical delivery systems of NCLEXEd’s providers;
- Attempt to probe, scan, or test the vulnerability of any NCLEXEd system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by NCLEXEd or any of NCLEXEd’s providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services or download content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software andor search agents provided by NCLEXEd or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a NCLEXEd trademark, logo URL or product name without NCLEXEd’s express written consent;
- Use the Services in any manner not permitted by your agreement with NCLEXEd;
- Forge any TCPIP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
NCLEXEd will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. NCLEXEd may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that NCLEXEd has no obligation to monitor your access to or use of the Services or to review or edit any content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with this Acceptable Use Policy, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. NCLEXEd reserves the right, at any time and without prior notice, to remove or disable access to any Content that NCLEXEd, at its sole discretion, considers to be in violation of this Acceptable Use Policy or otherwise harmful to the Services.
Copyright and IP Policy
NCLEXED, Inc.(“ NCLEXEd ”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at www.copyright.gov/legislation/dmca.pdf, NCLEXEd will respond expeditiously to claims of copyright infringement committed using the NCLEXEd services and the www.nclexed.comwebsite (the “ Site ”) that are reported to NCLEXEd’s Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to NCLEXEd’s Designated Copyright Agent. Upon receipt of Notice as described below, NCLEXEd will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
|DMCA Notice of Alleged Infringement (“Notice”)
1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
· “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
· “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to NCLEXEd’s Designated Copyright Agent: