IMPORTANT LEGAL NOTICE
Please read these Terms carefully before using the Website or purchasing a subscription to the Services. By using the Website and/or by purchasing a subscription, you accept and agree to these Terms. Certain provisions of these Terms may be expressly superseded by designated legal notices or terms posted on particular pages on the Website or in connection with the Services, and those notices or terms will be incorporated into these Terms by reference.
IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES.
The Services may include both free services and paid services. You may access and use certain paid Services only by purchasing a subscription (a “Subscription”).
- Intellectual Property Rights. All Intellectual Property rights in all content, materials, works of authorship, or inventions available in connection with or incorporated into the Website or the Services (collectively, “Website Content”) are owned by NCLEXEd or its licensors. “Intellectual Property Rights” means all intellectual property and proprietary rights, whether registered or unregistered (and all renewals and extensions thereof), in and to all forms of intellectual property and proprietary materials, in any and all media now known or hereafter devised, including but not limited to, all works of authorship, content, audio-visual works, photographs, materials, inventions, marks, software, music compositions and sound recordings, mask works, data, business names, logos, processes, domain names, URLs, designs, “look and feel” of the Website, trade secrets, source code, and moral rights (where applicable), together with all copyright, trademark, patent, and other rights therein. All rights in Website Content not expressly granted in these Terms are reserved by NCLEXEd or its licensors.
- User Content
- Interactive Areas. The Website or Services may contain comment sections, discussion forums, or other interactive areas (“Interactive Areas”), where you may post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas, and you use them at your own risk. Interactive Areas are available for individuals aged 16 years or older. By accessing any Interactive Area, you represent that you are 16 years of age or older.
- License to User Content. Other than “personal data” and/or “personal information” or similar term (each as defined by applicable law) (“Personal Data”), any User Content you transmit or post to the Website will be considered non-confidential and non-proprietary. By submitting User Content (other than personally identifiable information), you grant us the royalty-free, perpetual, irrevocable, sublicensable, non-exclusive, right to use, copy, disclose, reproduce, broadcast, sell, redistribute, publish, distribute, prepare derivative works of, perform, publicly display, modify or otherwise exploit such User Content (in whole or in part) and all data, content, materials or works incorporated therein, throughout the world and in any and all media now known or hereafter devised, for any and all commercial or non-commercial purposes and without any compensation or consideration owed.
- Your Responsibility. You are solely responsible for ensuring that your User Content does not infringe upon or violate the rights of any third party, and you assume all liability if your User Content does so infringe upon or violate any third-party rights. We are not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading other User Content posted on the Website. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues, and foreign nationals. By using Interactive Areas, you assume all associated risks.
- Registering an Account.
- Your Account. You may have the opportunity to register to participate in Interactive Areas such as forums and other community features by creating a user account (“Your Account”). Creating Your Account may allow you to receive information from us and/or to participate in certain features on the Website (other than the Services). By registering you represent and warrant that all information that you provide is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your information on the Website so that it remains current, complete, and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware, and other equipment needed for access to and use of the Website and all charges related to the same.
- No Account Sharing. Only you are permitted to use Your Account. You may not share your user name and password with any other person nor with multiple users on a network. You are solely responsible for maintaining the security of your password, and you will promptly notify us if you suspect Your Account or password has been compromised.
- Usage Restrictions. You may not (or allow anyone else to) engage in any of the following when using the Website or Services (the “Usage Restrictions”):
- circumvent, or attempt to circumvent, any security feature or access restriction of the Website or Services or any part thereof;
- modify, decompile, reverse engineer, recreate, disassemble, or otherwise make any changes to the Website or Services;
- falsify or delete any author attribution, legal, or other notices or proprietary designations or labels of the origin or source of software, the Subscription Content, or other components of the Services;
- without NCLEXEd’s prior written consent (i) copy, disclose, reproduce, broadcast, sell, redistribute, publish, distribute, prepare derivative works of, perform, publicly display, modify, combine with other products or services, or otherwise exploit the Services or Subscription Content (defined below), or (ii) download Subscription Content not made available by NCLEXEd for download;
- permit any non-User third party to view, access, or use the Services or Subscription Content (defined below) or access or use the Services in a way intended to avoid incurring fees or exceeding usage limits, including allowing multiple persons to use one User license;
- modify the Services or Subscription Content or combine the Services or Subscription Content with other products, processes, or services, in any manner not authorized by NCLEXEd;
- use the Services or the Subscription Content in any manner that infringes upon or violates the Intellectual Property Rights or rights of publicity or privacy or a third party (including but not limited to, by harvesting or collecting personally-identifiable data or information about users of the Services or the Website or posting private information about a third party);
- input, upload, transmit, access, or otherwise provide to or through the Services, any information or materials that are unlawful or injurious, or contain, transmit, or activate any material that is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, or other malicious software) (collectively, “Malware);
- access or use the Services for purposes of competitive analysis or the development or provision of a competing service or product;
- use the Services in violation of any law, rule, or regulation applicable to the Services;
- use the Services in any manner that is reasonably likely to damage, disable, overload, or impair the Services, interfere with any third party’s use and enjoyment of the Services, or in any manner that NCLEXEd, in its sole discretion, deems excessive or abusive;
- impersonate any person or entity, including, but not limited to, NCLEXEd or any NCLEXEd employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; or
- publish any User Content that contains any material that (i) is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, intended to incite hatred of any person or group, discriminatory, in breach of confidence, or which may cause annoyance or inconvenience, (ii) is known to be false, misleading, or inaccurate, (iii) constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be in violation of the law, (iv) infringes on or violates the rights of any third party, including but not limited to copyright, trademark, patent, trade secret, privacy or publicity rights (for example, by using the name or likeness of an identifiable person without their consent), (v) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, (vi) NCLEXEd, in its reasonable discretion, believe restricts or inhibits anyone else from using or enjoying the Services.
- Monitoring by NCLEXEd. We have the right, but not the obligation, to monitor the Website and Services, including Interactive Areas and User Content posted, to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation, or authorized government request. NCLEXEd reserves the right to, in its sole discretion, remove, block, refuse to post, modify, or take other action with respect to User Content as NCLEXEd deems appropriate, including but not limited to, where NCLEXEd believes that User Content is in violation of these Terms. You are solely responsible for creating backup copies of User Content at your sole expense. The decision by us to monitor and/or take action with respect to User Content does not constitute any responsibility or liability on our part in connection with or arising from your use of Interactive Areas. NCLEXEd will fully cooperate with any law enforcement authorities or court order requesting or directing NCLEXEd to disclose the identity or locate anyone posting any material in violation of the law.
- Trials and Pilots. NCLEXEd may offer free or discounted trials of our Services (“Trial”), in our sole discretion. If NCLEXEd offers such a Trial, the Trial will be subject to these Terms and/or any other terms as NCLEXEd determines in its sole discretion. If you sign up for a free Trial, you may cancel a Trial at any time before it expires by following the relevant instructions. NCLEXEd may cancel or modify the terms of any free Trial at any time and in our sole discretion, without prior notice and without liability. At the end of the term of a Trial, you will need to subscribe to the Services if you want to continue using the Services.
- Warranty Disclaimer. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THESE TERMS: (A) THE WEBSITE AND THE SERVICES (INCLUDING SUBSCRIPTION SERVICES) AND ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND NCLEXEd EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (B) YOU ACKNOWLEDGE THAT NCLEXEd DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR NEEDS, RESULT IN ANY SPECIFIC OUTCOME FOR YOU, OR BE UNINTERRUPTED, UP-TO DATE, TIMELY, SECURE, FREE FROM MALWARE, OR ERROR-FREE. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CERTAIN CIRCUMSTANCES, SO, DEPENDING ON WHERE YOU RESIDE, THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
- Availability of Website and Services. While NCLEXEd makes efforts to ensure that the Website and Services are normally available 24 hours a day, NCLEXEd will not be liable if for any reason the Website only is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond NCLEXEd’s control. If the Services provided to you under a Subscription are suspended, please see the terms below regarding “Suspension of Subscription Services”.
- Limitation of Liability.
- Limitation of Types of Damages. NCLEXEd AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND AGENTS (COLLECTIVELY, THE “NCLEXEd GROUP”) WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST TIME, LOST DATA, LOST USE, OR DAMAGES TO GOODWILL, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER ANY MEMBER OF THE NCLEXEd GROUP WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
- Limitation of Liability for the Website Only. WITH RESPECT TO YOUR USE OF THE WEBSITE ONLY (NOT ANY SERVICES FOR WHICH YOU PURCHASE A SUBSCRIPTION):
YOU FOREVER RELEASE AND HOLD HARMLESS THE NCLEXEd GROUP FROM ANY AND ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY OTHER WEBSITES LINKED TO THE WEBSITE OR THE MATERIAL ON SUCH OTHER WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY OTHER WEBSITES LINKED TO THE WEBSITE. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT NCLEXEd IS NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITE OR ANY OTHER THIRD PARTIES. YOU ARE RESPONSIBLE FOR TAKING PRECAUTIONS TO ENSURE THAT THE PROCESS WHICH YOU EMPLOY FOR ACCESSING THE WEBSITE DOES NOT EXPOSE YOU TO THE RISK OF VIRUSES, MALICIOUS COMPUTER CODE, OR OTHER FORMS OF INTERFERENCE WHICH MAY DAMAGE YOUR OWN COMPUTER SYSTEM.
- Limitation of Liability for Subscription Services. WITH RESPECT TO ANY SERVICES FOR WHICH YOU PURCHASE A SUBSCRIPTION:
THE MAXIMUM AGGREGATE LIABILITY OF THE NCLEXEd GROUP IN CONNECTION WITH OR RELATED TO SUBSCRIPTION SERVICES, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE AMOUNT PAID BY YOU TO NCLEXEd FOR THE SPECIFIC SERVICES GIVING RISE TO SUCH CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
- Exclusions. NOTHING IN THIS SECTION WILL EXCLUDE OR LIMIT NCLEXEd’S LIABILITY FOR: (I) DEATH OR PERSONAL INJURY; (II) FRAUD OR WILLFUL MISCONDUCT; OR (III) ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW FOR CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO, DEPENDING ON WHERE YOU RESIDE, CERTAIN OF THE EXCLUSIONS OR LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
- Indemnification. You agree to defend, indemnify, and hold harmless the NCLEXEd Group from and against any and all loss, damages, liability, costs, and expenses (including attorneys’ fees) arising from third-party claims related to your use of the Website or the Services. NCLEXEd will have the right to take over the exclusive defense of any claim for which we are entitled to indemnification; in that case, you will reasonably cooperate with NCLEXEd’s requests related to the indemnification.
- Copyright Infringement. The provisions of this Section apply only to individuals and corporations that access and use the Website from the United States of America:
- DMCA Issues. NCLEXEd values the intellectual property rights of you and others. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website or Services infringe your copyright, you may request removal of those materials (or access to those materials) by submitting written notification to our Copyright Agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”), the DMCA notice must include substantially the following (failure to include this information may render your notice ineffective):
- your physical or electronic signature;
- identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works;
- identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- adequate information by which we can contact you (for example, your name and postal address, telephone number, and/or email address);
- a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the written notice is accurate; and
- a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- Liability for Misrepresentation. Please be aware that you may be liable for damages (including costs and attorneys’ fees) under the DMCA if you knowingly materially misrepresent that material or activity is infringing your copyright.
- Export Controls. Even though the Website may be available worldwide, some or all of the Services may be subject to United States export controls. As a result, you may not access or use (or permit anyone else to access or use) the Services if you or they: (a) reside in or seek to access the Services from a country that is the target of a comprehensive trade embargo by the U.S. government (presently, Cuba, Iran, North Korea, Republic of the Sudan, Syria, or the Crimea region of Ukraine); or (b) are an individual subject to U.S. Trade Controls, including being identified on a U.S. government restricted parties list, such as the U.S. Department of Treasury’s Specially Designated Nationals and Blocked Persons List, the Department of State’s Nonproliferation Sanctions List, or the Department of Commerce’s Denied Persons List.
- Governing Law and Jurisdiction. These Terms, their subject matter, and their formation, are governed by and will be interpreted by Texas law, without regard to conflict of law provisions. You and NCLEXEd agree that any claims or disputes arising from or related to these Terms, the Website, or the Services will be adjudicated exclusively in the Federal or State courts located in Travis County, Texas; and you and NCLEXEd agree to submit to the personal jurisdiction of those courts for the purpose of litigating any claim or dispute arising under these Terms, the Website, or the Services.
- Termination of Website Access. We will have the right to immediately terminate your access to the Website if you engage in any conduct which we, in our sole discretion, consider to be unacceptable, or if you breach any of these Terms.
- Changes to These Terms. We may modify these Terms from time to time. Any changes that do not materially affect Subscriptions will be effective immediately when published. If we make material changes to these Terms, which affect Subscriptions, those changes will be effective as of your next Billing Cycle (defined below) or when you agree to them, whichever occurs first. Your continued use of the Website or the Services after the effective date of the change, will act as your consent to the updated Terms.
SUPPLEMENTAL TERMS FOR PURCHASED SUBSCRIPTIONS
IF YOU PURCHASE A SUBSCRIPTION TO THE SERVICES, THEN, IN ADDITION TO THE TERMS ABOVE, THE FOLLOWING SUPPLEMENTAL TERMS WILL ALSO APPLY TO YOU:
- Purchasing a Subscription.
- Purchase Process. The Website contains an online process for purchasing a Subscription. No part of the Website or your order constitutes a contractual offer capable of acceptance. Instead, your order to purchase a Subscription is a contractual offer that we may, at our sole discretion, accept or reject. Our acknowledgement of receipt of your order does not mean that we have accepted it. We will indicate that we have accepted your offer by sending you a Subscription confirmation email. Only once we have sent you a Subscription confirmation will there be a legally-binding contract between you and NCLEXEd. In the unlikely event that we do not accept or cannot fulfil your order for any reason, we will let you know and, in that case, we will not take any payment from you and will refund any payments you have already made for that order.
- Accuracy of Order. Before completing your purchase, you will be given the opportunity to review your order for accuracy. Please ensure that you have checked your order carefully before submitting it. If you discover you have provided us with incorrect or incomplete information, please contact us as soon as possible. If we do not receive accurate or complete information within a reasonable time, we will cancel your order. We will not be responsible for any delay in the availability of Services that results from you providing incorrect or incomplete information.
- Subscription Plan Options.
- Plans. We may offer different plan options with different prices and features (currently a “Basic”, a “Standard” and a “Plus” Plan), for you to choose from when purchasing a Subscription (each a “Plan”). The features included in each Plan and the associated Subscription fees (“Subscription Fees”) are described on a designated page of NCLEXEd’s website (currently at https://nclexed.com/pricing) or at or near where you purchase the Services.
- Billing Cycles. We may also offer monthly, annual, or other length billing cycles (each a “Billing Cycle”) associated with the Plans. Your first Billing Cycle will begin on the date we grant you access to the Subscription Services (your “Start Date”).
- Renewals. MONTHLY SUBSCRIPTIONS AND BILLING CYCLES WILL RENEW ON A MONTH-TO-MONTH BASIS, AND ANNUAL SUBSCRIPTIONS AND BILLING CYCLES WILL RENEW ON A YEAR-TO-YEAR BASIS. EACH WILL RENEW ON THE DATE OF EACH SUBSEQUENT MONTH OR YEAR CORRESPONDING TO YOUR START DATE (OR THE DAY AFTER IF YOUR START DATE OF A MONTHLY SUBSCRIPTION DOES NOT OCCUR IN EVERY MONTH — FOR EXAMPLE THE 31ST) (YOUR “BILLING DATE”). YOUR SUBSCRIPTION WILL CONTINUE TO RENEW UNLESS AND UNTIL YOU OR WE CANCEL IT IN ACCORDANCE WITH THESE TERMS (EVEN IF YOU DO NOT USE THE SERVICES). For example, if the Start Date is Aug. 10th, a monthly Subscription will renew on Sept. 10th, Oct. 10th, etc.; an annual Subscription will renew on Aug. 10th of the next year.
- Payment Charges. YOU AUTHORIZE NCLEXEd TO CHARGE, AND NCLEXEd WILL CHARGE, THE APPLICABLE SUBSCRIPTION FEES TO YOUR PAYMENT METHOD ON A RECURRING BASIS ON EACH BILLING DATE, UNLESS AND UNTIL YOUR SUBSCRIPTION IS CANCELLED IN ACCORDANCE WITH THESE TERMS.
- Changing Subscription Fees. WE MAY CHANGE OUR SUBSCRIPTION FEES FROM TIME-TO-TIME. CHANGES IN SUBSCRIPTION FEES WILL NOT AFFECT THE SUBSCRIPTION FEES FOR YOUR CURRENT BILLING CYCLE BUT WILL BECOME EFFECTIVE AS OF YOUR FIRST BILLING DATE FOLLOWING 30 DAYS AFTER WE INSTITUTE THE CHANGE. IF YOU DO NOT AGREE TO SUCH A CHANGE, YOU MAY CANCEL YOUR SUBSCRIPTION.
- Billing Information. You agree to provide us with valid, up-to-date, and complete contact, billing, and debit/credit card (or other accepted payment method) information. You can get a copy of your invoice through your account settings on the Website. On each Billing Date, we will make three attempts to bill your payment method as follows: (i) first attempt: on Billing Date; (ii) second attempt: five days after Billing Date; (iii) third attempt: ten days from Billing Date. Failed email notifications will be sent after each failed attempt, and your Subscription will be cancelled immediately after the third failed attempt. We may charge a fee for reinstatement of suspended or terminated Subscriptions. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to collect sums due, including reasonable attorney fees and other legal expenses.
- Changes to Your Plan. You may make changes to your Plan at any time during your Billing Cycle.
- Upgrades. If you “upgrade” to a higher-tiered Plan (for example, from Basic to Plus), your upgrade will be effective immediately. You will be charged the pro-rata amount associated with the upgrade for the remainder of your current Billing Cycle and then the full Subscription Fees for the upgraded Plan each Billing Cycle after that.
- Downgrades. If you “downgrade” to a lower-tiered Plan, your downgrade will be effective as of the end of your current Billing Cycle. Once your downgrade is effective, you will no longer have access to any Services or Subscription Content that are only available with the higher-tiered Plan.
- Changes to Your Billing Cycle . If you Subscribe to a Plan that offers both monthly and annual Billing Cycle options, you may change your Billing Cycle at any time.
- Monthly to Annual. If you change from a monthly to an annual Billing Cycle, that change will be effective immediately. You will be charged the annual Subscription Fee, but will be credited a pro-rata amount for the days remaining in your Billing Cycle at the time you change and for any savings available as a result of changing to an annual Billing Cycle.
- Annual to Monthly. If you change from an annual to a monthly Billing Cycle, that change will take effect as of the end of your current annual Billing Cycle. You currently cannot change from an annual to a monthly Billing Cycle with the Plus Plan.
- Cancelling Your Subscription.
- Cancellation by You. You may cancel your Subscription at any time, however your cancellation will not be effective until the end of your current Billing Cycle. As a result, you will not receive a refund for any Subscription Fees already paid, but you will continue to have access to the Services for the remainder of your current Billing Cycle. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO YOUR NEXT BILLING DATE TO AVOID BEING CHARGED THE SUBSCRIPTION FEES FOR THE UPCOMING BILLING CYCLE. YOU MAY CANCEL YOUR SUBSCRIPTION THROUGH YOUR NCLEXEd ACCOUNT PAGE/SETTINGS OR BY CONTACTING SUPPORT@Anclexed.com.
- Cancellation for Cause by NCLEXEd. We reserve the right to immediately cancel your Subscription or temporarily or permanently restrict your access to all or any portion of the Services in the event of your: (i) breach of these Terms; (ii) violation of any law applicable to the Services or the Website; (iii) engaging in any conduct that NCLEXEd, in its sole discretion, deems to be damaging or likely to damage to the Services, Website, NCLEXEd, or any third parties. Any of these circumstances amount to a “Cancellation for Cause.”
- Cancellation for Convenience by NCLEXEd. We reserve the right to cancel your Subscription or to temporarily or permanently restrict your access to all or any portion of the Subscription-based Services in our sole discretion, by providing at least 30 days notice to you (a “Cancellation for Convenience”).
- Effect of Cancellation by Us. In the event of a Cancellation of Cause of your Subscription: (i) your right to use the Services will terminate and your access to the Services will be disabled; and (ii) you will not be entitled to a refund of Subscription Fees paid and will owe and will not be relieved of any current or future payment obligations for unpaid Fees applicable to your current Billing Cycle. In the event of a Cancellation for Convenience, you will receive a pro-rata refund of any Subscription Fees paid for the remainder of the current Billing Cycle and will not be charged any Subscription Fees for any future Billing Cycle.
- EU Refunds. If you are a consumer in the European Union, you have a statutory right to cancel your Subscription and claim a refund at any time before the earlier of: (i) 14 calendar days after the date we send you a confirmation of your Subscription; or (ii) the time when you download or stream Services provided with your Subscription. To request a refund, please contact us at email@example.com In this case, your Subscription to the Services will end on the date of cancellation.
- Subscription Content. Your Subscription will allow you to access certain Website Content that is only only available with a Subscription (the “Subscription Content”). We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the relevant Subscription Content only in connection with your use of the Services and for personal, non-commercial purposes. This license granted to you does not give you any other rights in our Subscription Content (including any material that we may license from third parties). We may make modifications, updates, additions, and enhancements to the Subscription Content. We may also remove Subscription Content at any time. We make all reasonable efforts to ensure, but do not guarantee, that the description of the Subscription Content available in connection with Services corresponds to the actual Subscription Content you will receive.
- Suspension of Subscription Services.
- Risks and Updates. NCLEXEd may suspend provision of the Services, without notice, for a reasonable period of time as may be necessary: (a) to resolve, in NCLEXEd’s sole discretion, any actual or threatened technical risks, problems, or circumstances that, in NCLEXEd’s sole discretion, pose a credible risk of harm to the Services or the security or integrity thereof or to the rights of the NCLEXEd Group, you, or any third parties; or (b) to update the Services to comply with applicable changes in the law or other regulatory requirements.
- Breach of Terms. NCLEXEd may suspend provision of the Services to investigate if it suspects you have violated these Terms, until and unless such investigation is concluded, in NCLEXEd’s sole discretion.
- Fees During Suspension. You will not owe Subscription Fees for any period where the Services are suspended, unless: (i) the period of suspension is three days or less; or (ii) the suspension is a result of your breach of these Terms. For any suspension lasting longer than 3 days, NCLEXEd may, in its sole discretion, credit or refund you, or extend your Billing Cycle for, an amount commensurate with the suspension.
- Notices to Us. If you wish to contact us with questions, complaints, or feedback, you may contact Us by email at firstname.lastname@example.org. We always strive to ensure your experience is a positive one and welcome your feedback.
- Notices to You. We may provide any notices to you by email to the email address associated with your NCLEXEd account or by posting the notices on your page or the landing page of the Website or the Services.
- Other General Terms
- Assignment. We may assign (or transfer) our obligations and rights under these Terms to a third party (this may happen, for example, if we sell our business or have one of our affiliated companies provide the Website or Services ). If that happens, your rights under these Terms will not be affected and the party to whom we assign will take on our obligations under these Terms. You may not assign (or transfer) your obligations and rights under these Terms without our prior written permission.
- Survival and Severability. If you cancel your Subscription, any provision of these Terms that, expressly or by their nature, are to continue after such cancellation, will survive and continue in accordance with their terms after you cancel. If any of the provisions of these Terms are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and the remainder of these Terms will be valid and enforceable.
- No Waiver. No failure or delay by us in exercising any of our rights under these Terms means that we have waived that right, and no waiver by us of your breach of any provision of these Terms means that we will waive any subsequent breach of the same or any other provision.
- Force Majeure. We will not be liable for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fiber optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.