Terms of use - NCLEX ExpertAcademy

You must read, agree with, and accept all of the terms and conditions and our privacy policy before you become a subscriber to and user of ExpertCollege’s services. We may amend this agreement at any time by posting the amended terms on our website http://www.www.nclexexperts.com (hereafter known as the “site”). Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site. Upcoming changes will also be posted on this page.

In this agreement, “you” or “your” means any person or entity subscribing to and/or using the service (“users”). Unless otherwise stated, “ExpertCollege,” “we,” or “our” will collectively refer to ExpertCollege.

PLEASE READ THE FOLLOWING TERMS, CONDITIONS, AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE SUBSCRIBING TO OUR MATERIAL. AGREEING TO THE TERMS OF USE INCLUDES THE FOLLOWING:

Age Restriction

In order to use ExpertCollege services, you need to:

Be 13 or older;
Have the power to enter binding agreement(s) with us without being restricted by any applicable laws

Applicability

If the Client, in his order, confirmation or communication containing acceptance, includes provisions or conditions that deviate from or do not appear in the General Terms and Conditions, these shall only be binding on ExpertCollege if and insofar as they have been expressly accepted by ExpertCollege in writing.

If one or more of the stipulations in these Terms of Use is wholly or partially null and void or is nullified at any time, the Agreement and these conditions will remain in force for the remainder, and the stipulation in question will immediately be replaced by a stipulation which comes as close as possible to the purport of the original.

Situations that are not regulated in these General Terms and Conditions must be assessed in the spirit of these General Terms and Conditions.

Uncertainties about the interpretation or content of one or more provisions of our conditions, should be interpreted in the spirit of these General Terms and Conditions.

All the prices quoted on the materials originating from ExpertCollege are exclusive of VAT, unless otherwise stated.

Establishment of an Agreement

The Agreement is concluded at the time of subscription.

ExpertCollege may, within the limits of the law, enquire whether the Client is able to meet its payment obligations, as well as all the facts and factors relevant to a responsible conclusion of the Agreement. If, based on this enquiry, ExpertCollege has valid grounds for not entering into the Agreement, ExpertCollege is entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution, such as prepayment.

Subscription

During the subscription procedure the Client chooses a username and password with which he can log on to the website. The Client himself is responsible for choosing a sufficiently secure password.

The Client must keep his login details, username, and password strictly confidential. ExpertCollege is not liable for misuse of the login credentials and may always assume that a Client who logs on to the website is actually that Client. Anything that happens via the Client’s account is at the responsibility and risk of the Client.

If the Client knows or suspects that his login credentials have been obtained by unauthorized persons, he must change his password as soon as possible and/or notify ExpertCollege so that ExpertCollege can take appropriate measures. The duration of validity of a Subscription will be according to your subscription plan.

It is not permitted to grant access to the E-learning to users other than users for whom a subscription has been purchased.

A User Account is subject to a “fair use policy”. If the Client uses the User Account contrary to what is stated in these Terms of Use, ExpertCollege may block the User Account with due justification. The user must then contact ExpertCollege in order to unblock it.

Subscription Term

You have the right to use and access the materials for the course(s) you have subscribed to for the duration of your subscription period unless an interval of maintenance downtime has been scheduled. You must use the course material within the subscribed period, and no free extensions are offered in exchange for any unused time.

At the end of your subscription period, your right to use and access the materials will expire automatically. You can purchase another subscription at any time by simply going back to the pricing page, choose a plan and submit the payment form.

Refunds

Except as otherwise provided in this agreement or at the sole discretion of ExpertCollege, If you have purchased a subscription plan that is greater than 30 days, you may be entitled to a refund. The amount refunded is calculated on a pro-rated basis. This means that your refund amount will be calculated based on how many days into your subscription you have accessed since your start date or how many Expertbank questions you accessed, whichever is greater will determine your refund.

If you have used PayPal as your form of payment, refunds must be requested within 180 days from your purchase date, not your accessed date. Refunds requested after the 180 day period will not be honored.

If you have used a credit card as your form of payment, you have up to 360 days from your purchase date, not your accessed date to request a refund.

Example #1: Joy purchased a 3 month subscription plan and used 20% of the available questions in 75 days. After 75 days she requests a refund. Since the elapsed time is greater than the percentage of questions used, the refund amount is 15% of the subscription plan.

Example #2: Joy purchased a 3 month subscription and used 85% of her questions in 30 days. She requests a refund at the 30 day mark. Since the number of questions accessed is greater than the number of days used on the subscription plan, 15% of the subscription fee will be refunded.

ExpertCollege reserves the right to refuse a refund if the user is found to be in violation of Terms and Conditions or acting against ExpertCollege’s interest.

Technical Support

ExpertCollege will use commercially reasonable efforts to make the purchased e-learning modules available 24 hours per day, 7 days per week, except for planned downtime/maintenance lasting for more than 5 minutes for which ExpertCollege shall provide at least 2 days’ notice. ExpertCollege shall provide technical support regarding the correct functioning of the websites hereafter “Technical Support”). ExpertCollege shall at all times during the duration of the User Account attend the technical difficulties that the Client communicates in writing to the following email: info@nclexexperts.com (hereafter, the “Technical Support Email”).

Uptime and downtime

a) Monthly uptime is the percentage of total possible minutes ExpertCollege websites and platforms were available to the Users.

Here is how we calculate this:
monthly uptime = 1 – (monthly downtime minutes / total possible monthly minutes).

b) Downtime is the number of minutes ExpertCollege websites and Platform were unavailable. ExpertCollege guarantees monthly uptime of 98%.

c) Disclaimer

The following scenarios do not count towards downtime:

· Slowness with certain features, meaning the cases in which some features of the websites such as the log-in page, the pages of the e-learning, images or exercises take less than 60 seconds to load.

· External network problems outside of ExpertCollege’s control, meaning issues that arise from failure of the Internet provider;

· Scheduled downtimes, meaning very rare planned interruptions in the availability of the websites or certain features of the websites outside of work hours;

· Issues that resulted from the Client’s breach of contract based on which the services are provided, meaning interrupted access due to Client’s non-compliance with contractual obligations, the General terms and conditions and the Privacy policy of ExpertCollege.

· Issues that arise from failure or incompatibility issues of the Client’s or third party learning management system;

Compensation for Major Technical Problem

In the event of a Major Technical Problem (meaning technical problem, which cannot be remedied within the term of two business days or unplanned downtime equal to more than two business days per month), the ExpertCollege shall compensate the Client with a sum equivalent to the number of days that the Major Technical Problem lasted, divided by the value in money that the Client paid for the corresponding Subscription. The occurrence of a technical problem which is not a Major Technical Problem shall not entitle the Client to any compensation or reimbursement whatsoever.

Intellectual Property Rights

The intellectual property right, and in particular the copyright, on all products of this kind, belongs entirely and completely to ExpertCollege, as creator of the work. Products of this kind are in any case, but not exclusively: the content of the E-learning modules (exercises, study texts, interactive exercises, interactive objects, illustrations and animations, teaching programs, advice and working methods).

The intellectual property, in particular the copyright, on the software, the System or the source code remains with ExpertCollege and will remain with ExpertCollege at all times.

Without the express written consent of ExpertCollege, the Client, the end user or any other third party is not entitled to sell, exploit or, in any way whatsoever, reproduce data from and/or parts and/or excerpts of the course material or the E-learning provided.

Nothing of the course material or the E-learning may be reused, stored or sent to any other website(s) by the Client. Without the prior written consent of ExpertCollege, it is not permitted to develop materials derived from the material or the E-learning developed by ExpertCollege.

It is not permitted to display the material in public spaces in any way without the prior written consent of ExpertCollege.

Privacy

All provisions regarding the privacy of the Client are included in a privacy statement published on this website.

Liability

The ExpertCollege e-learning modules are created with the utmost care by content experts. Despite this, ExpertCollege cannot guarantee that the E-learning at all times meets the requirements of inspections and other monitoring or supervisory bodies.

In the event that ExpertCollege is liable for damage to the Client, the liability of ExpertCollege for damage which is not the result of personal injury, death or property damage shall in all cases be limited to direct damage. This liability extends to persons employed by ExpertCollege or to persons appointed by it for the execution of the Agreement.

Prohibitions

You are expressly prohibited from copying, reverse engineering, or modifying any or all of the licensed materials. No part of the licensed materials may be copied for resale or other commercial use or offered for sale or reproduced on any bulletin boards, web sites, discussion forums, Internet domains, or online chatrooms. You many not use any device, software, or routine to interfere or attempt to interfere with the proper working of the site or any activity being conducted at the site. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.

Marks

NCLEX-RN™ and NCLEX-PN™ are registered trademarks of the National Council of State Boards of Nursing, Inc (NCSBN®). This trademark holder is not affiliated with ExpertCollege. All content on the site is protected by copyright.

Affiliation

ExpertCollege is a commercial educational service provider for individuals who are preparing for the National Council Licensure Examination (NCLEX-RN™/NCLEX-PN™). ExpertCollege is in no way affiliated with the National Board of Medical Examiners (NBME®), Federation of State Medical Boards (FSMB), National Council of State Boards of Nursing, Inc. (NCSBN), Association of American Medical Colleges (AAMC), College Board, or any other official USMLE™, NCLEX™, MCAT® or SAT® organizations.

No Warranties

The materials available on the sites are provided “as is” without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose. In no event shall ExpertCollege or its agents or officer will be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the materials, even if ExpertCollege has been advised of the possibility of such damages.

Each user of this system assumes all responsibility and risk for the use of the materials. ExpertCollege and its partners and affiliates do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any material on the sites. ExpertCollege will not be liable for any compensatory, special, direct, incidental, indirect, consequential damages, exemplary damages or any other damages resulting from loss of use, data, or profits, arising out of or in connection with the use or performance of the materials, however caused, whether for breach of contract, warranty, negligence, or otherwise, and whether of not ExpertCollege has been advised of the possibility of such damage.

If this limitation of liability or the exclusion of warranty is held inapplicable or unenforceable for any reason, then ExpertCollege’s maximum liability for any type of damages shall be limited to € 1000.00. These limitations will apply notwithstanding the failure of any essential purpose of any limited remedy.

Final provisions

This Agreement is governed by Dutch law. Insofar as rules of mandatory law do not prescribe otherwise, all disputes that may arise as a result of the Agreement shall be submitted to the competent Dutch court in the district where ExpertCollege has its registered office.

If a provision in these Terms of Use turns out to be null and void, this shall not affect the validity of the entire Terms of Use. In that case the parties will establish (a) new provision(s) as a replacement, which will give shape to the intention of the original provision as much as is legally possible.

Should you have any questions regarding this agreement, you may write us at any time at info@nclexexperts.com.