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Terms of Use - ADRINCLEXPN.COM
USE OF THE WEBSITE
The service that ADRI NCLEX-PN provides to User is subject to the following Terms of Use ("TOU"). ADRI NCLEX-PN® reserves the right to update the TOU any time without notice to User. The term "you" refers to the USER visiting the Website and/or to the person who is enrolled in the NCLEX-PN® online review program.
By using ADRI NCLEX-PN website, you agree to comply with all of the terms and conditions hereof. The right to use ADRI NCLEX-PN® website is personal to you and is not transferable to any other person or entity. You are responsible for all use of your account (under any screen name or password) and for ensuring that all use of your account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password.
CHANGING OF TERMS
ADRI NCLEX-PN® shall have the right at any time to change or modify the terms and conditions applicable to your use of the website or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on website, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the website after such notice shall be deemed to constitute your acceptance of such changes, modifications or additions.
DESCRIPTION OF SERVICES
Through its Website property, ADRI NCLEX-PN® provides you with access to an NCLEX-PN® online review, including communication through live chats and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
EQUIPMENT
You shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of ADRI NCLEX-PN® and all charges related thereto.
USER CONDUCT
You shall use the website for lawful purposes only. You shall not post or transmit through the website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to a civil liability or otherwise violate any law, or which, without ADRI NCLEX-PN®'s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you in ADRI NCLEX-PN®'s discretion restricts or inhibits any other User from using or enjoying the website will not be permitted. You shall not use the website to advertise or perform any commercial solicitation, including, but not limited to, your solicitation to become subscribers of other online information services competitive with ADRI NCLEX-PN®.
ADRI NCLEX-PN® contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text software, photos, video, graphics, music and sound, and the entire contents of the website are copyrighted as a collective work under copyright laws. ADRI NCLEX-PN® owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that it does not acquire any ownership rights by downloading copyrighted material.
You shall not upload, post or otherwise make available on ADRI NCLEX-PN® any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the website, you automatically grants, or warrants that the owner of such material has expressly granted ADRI NCLEX-PN® the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other User to access, view, and store or reproduce the material for that User's personal use. You hereby grant ADRI NCLEX-PN® the right to edit, copy, publish and distribute any material you made available on website.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires you to open an account, you must complete the registration process by providing ADRI NCLEX-PN® with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ADRI NCLEX-PN® immediately of any unauthorized use of your account or any other breach of security. ADRI NCLEX-PN® will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ADRI NCLEX-PN® or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF ADRI NCLEX-PN® WEBSITE IS AT YOUR SOLE RISK. NEITHER ADRI NCLEX-PN®, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ADRI NCLEX-PN® WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ADRI NCLEX-PN® WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ADRI NCLEX-PN® WEBSITE.
ADRI NCLEX-PN® WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ADRI NCLEX-PN® WEBSITE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCTS OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL ADRI NCLEX-PN®, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ITS WEBSITE OR THE ADRI NCLEX-PN® SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ADRI NCLEX-PN® WEBSITE. YOU HEREBY ACKNOWLEGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ADRI NCLEX-PN®, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ADRI NCLEX-PN® WEBSITE, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
PRIOR TO THE EXECUTION OF A STOCK TRADE, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. ADRI NCLEX-PN®, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, ADRI NCLEX-PN® WEBSITE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION TO, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless ADRI NCLEX-PN®, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney's fees, arising out of the use of ADRI NCLEX-PN® by you or your Account.
TERMINATION
Either ADRI NCLEX-PN® or you may terminate this Agreement at any time. Without limiting the foregoing, ADRI NCLEX-PN® shall have the right to immediately terminate your Account in the event of any conduct by you which ADRI NCLEX-PN®, in its sole discretion, considers to be unacceptable, or in the event of any breach of this Agreement.
COPYRIGHT NOTICE
ADRI NCLEX-PN®, its logos are trademarks of ADRI NCLEX-PN® Ltd. All rights reserved. All other trademarks appearing on ADRI NCLEX-PN® are the property of their respective owners.