NurseAchieve

TERMS AND CONDITIONS

The following are the terms and conditions for the NurseAchieve site www.nurseachieve.com (“Site”) and its products and services. By using our Site or becoming a subscriber of our products and services, you agree to these following terms and conditions.

CONTENTS:

USER TERMS

In consideration of and subject to your payment of the appropriate fee(s) for the services you subscribe to, and your agreement to and compliance with the terms and conditions set forth in this agreement, NurseAchieve grants a non-exclusive, non-sub licensable, non-transferable license, and right to use and access content (the "licensed materials") account sharing and is subject to agreement termination without a refund. All users warrant that they will use licensed materials only in the country of their home address provided at time of purchase.

Important Warning

We have the capability to track to whom and where any of our materials are distributed to. Please do not put yourself at risk of a legal action by redistributing, or trying to resell our materials.

CANCELLATION AND NON-REFUNDABILITY

Students requesting a cancellation of any products or services are still subject to payment of the full fee(s). All purchases are non-refundable.

CONFIDENTIALITY AND NON-COMPETE

NurseAchieve has invested considerable resources into its courses. You agree to keep our intellectual property, methods, cases, employees, technologies, techniques, and plans, confidential and to not start a competing course or to aid another person, persons, or entity starting or offering a competing course or to engage in activities competitive to NurseAchieve. You also agree to not take pictures or record audio, video or use any other method to duplicate the materials presented to you. You agree that the should a breach of confidentiality occur, NurseAchieve can seek damages and/or injunctive relief and that this is grounds for immediate termination from the course without a refund.

MISSED DAYS

Please note that if you should miss any parts of the training you will not be able to make up the time by having your subscription(s) extended or attending a future class.

EXTRAORDINARY EVENTS

You agree to not hold NurseAchieve responsible or liable for the consequences of extraordinary events that could prevent the smooth functioning or functioning of an event at the planned scheduled times. "Extraordinary event" includes but is not limited to events beyond NurseAchieve's control, including fire, flood, tornadoes, hurricanes, earthquakes, tsunamis, power failures, snow storms, or any other events whose consequences cause disruptions or other acts of God, as well as acts of man including but not limited to terrorist acts, bomb threats, violence, war, power failures, fire alarms, outbreaks of disease or any significant unexpected or unforeseeable disruptions to an event. If an extraordinary event occurs, NurseAchieve will make reasonable best efforts to continue the event; but reserves the right, at its sole option to cancel or partially cancel the event or to reschedule the missed days with a replacement of its choosing in a physical place or online within a reasonable period before the exam, or to relocate the event to a different location, or to continue the event after regular scheduled hours, or to continue the event in a limited capacity. If more than 50% of any day is cancelled, NurseAchieve will refund on prorated basis the missed days or portion of days. For instance if one day of a 6 day event is cancelled owing to an extraordinary event, NurseAchieve reserves the right to refund 1/6 of the fee and agree that this compensation would be your sole remedy.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein notwithstanding any conflict of law rules.

CANCELLATION OF THIS AGREEMENT

We may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from fraudulent or unauthorized copying of NurseAchieve materials, your disruption of a class, or other unlawful, fraudulent or disruptive activity. If we terminate this agreement without cause, we will refund an amount equal to the charges you paid for the course less any amounts that you may owe us. In the event that this agreement is terminated, this Part shall survive in accordance with its terms.

COPYRIGHTS AND TRADEMARKS

Copyrights

All digital and non-digital content, software, data, applications photos, graphics, audio and video contained therein ("Site Content") are the property of or licensed to NurseAchieve, Inc. or its Affiliates. The Site contains material that is protected by copyright, trademark, and intellectual property rights protected under the copyright laws of the United States, Canada and other countries. Unless otherwise stated, users may not modify, download, publish, disseminate, create derivative works from, or in any way exploit, any component of the Site Content.

Trademarks

The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on this Site are the registered and unregistered Trademarks of NurseAchieve and its Affiliates. Our Trademarks may not be used with any product or service not owed by us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us. You may not frame the content of the Site without express, written consent by NurseAchieve. You may not use metatags or any other hidden textthat incorporates the NurseAchieve Trademarks or our name without our express written consent.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

NURSEACHIEVE AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THEIR COURSE, PRODUCTS, SERVICES, OR FACILITIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN THE EVENT THAT NURSEACHIEVE OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE FEE PAID FOR THE COURSE. NURSEACHIEVE AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ENTIRE AGREEMENT

This agreement in addition to the terms and conditions of our websites and online resources (available at http://s3.amazonaws.com/pacdn/media/terms.html which may be amended from time to time) are the complete and exclusive statement of agreement between you and NurseAchieve, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.

PRIVACY POLICY

COLLECTION

We collect a combination of deidentified (non-personal) data and personal data. Deidentifed data is typically collected from visitors to our website and includes browser type, IP address, operating system, pageviews etc. Personal data (e.g. name, email, address, telephone number, credit card details etc.) is provided voluntarily by you typically while making a purchase/enrollment, accessing licensed materials and/or making an inquiry.

We use cookies (a small file sent by a website and stored on your computer) to uniquely identify your browser and store your preferences. Cookies make it easier for you to log on to and use our website.

USE OF COLLECTED DATA

The information we collect maybe used in multiple ways for the purpose you provided the personal data (e.g. make a purchase or inquiry), to improve the content of our website and products, used to customize the experience for individual users, shared with third-party agents or contractors who assist in providing operational support, used by us to contact users for marketing purposes, disclosed when legally required to do so, disclosed at the request of government agencies conducting an investigation, to verify or enforce compliance with the policies governing our website and applicable laws, or to protect against misuse or unauthorized use of our website, used as otherwise described at point of collection or as deemed necessary in the course of business activity.

DATA TRANSMISSON

By providing NurseAchieve with any personal or proprietary information, the user agrees to the transmission, processing and storage of such information in multiple countries (including outside of the user’s home country)