Terms of Use
Effective: March 25, 2023
These Terms of Use constitute a legally binding agreement (the “Agreement”) between you and Nursing Prep Solutions governing your use of our applications, website, and technology Platform (collectively, the “Platform”). For purposes of this Terms of Use, Nursing Prep Solutions is referred to as (” “Nursing Prep Solutions,” “we” or “us”).
PLEASE BE ADVISED: IF YOU PROVIDE YOUR EXPRESS WRITTEN CONSENT (DEFINED BELOW) TO THIS AGREEMENT, YOU WILL BE SUBJECT TO PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND NURSING PREP SOLUTIONS MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE ‘DISPUTE RESOLUTION AND ARBITRATION’ IN SECTION 4 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST NURSING PREP SOLUTIONS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED BELOW.
The www.nursingprepsolutions.com website (“Website”) and its related services for Students who are seeking tutoring, and related services (the “Service”) are owned and operated by Nursing Prep Solutions. Individuals, groups, entities, etc., from time to time, locate and obtain Tutor services (or seek to do so) through Nursing Prep Solutions’ Platform (a “Student”). Nursing Prep Solutions has adopted this Agreement to make you aware of the terms and conditions of your use of the Website and the Service. By using the Website and/or the Service, you agree to be bound by certain terms of this Agreement and acknowledge that Sections 3 and 4 are not binding upon you unless you provide your express written consent, as more fully described below.
By entering this Agreement, you expressly acknowledge that you understand this Agreement. You also expressly acknowledge that the Consent to Communications (Section 3) and the Dispute Resolution and Arbitration (Section 4) provisions of this Agreement are only binding on you if you have provided express written consent by submitting your phone number and/or email address on the Website (“Express Written Consent”). Express Written Consent is not required to be bound by the terms of this Agreement except for Sections 3 and 4, which require Express Written Consent. IF YOU HAVE NOT PROVIDED YOUR EXPRESS WRITTEN CONSENT, YOU ARE NOT BOUND BY THE CONSENT TO COMMUNICATIONS (SECTION 3) OR THE DISPUTE RESOLUTION AND ARBITRATION (SECTION 4) PROVISIONS OF THIS AGREEMENT. IF YOU HAVE NOT PROVIDED YOUR EXPRESS WRITTEN CONSENT AND DO NOT WISH TO BE FURTHER BOUND BY ANY TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE PLATFORM OR YOUR USE OR ACCESS MAY BE LIMITED AS DETERMINED BY NURSING PREP SOLUTIONS IN ITS SOLE DISCRETION.
The terms “you,” “your” or “User(s)” refers to any individual accessing the Website or the Service for his/her/their/its own personal purposes, on behalf of an entity or other person, for purposes related to Students and the Service provided to Students. In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User(s)” shall include you individually and any such entity or person that you purport to represent, and you further represent and warrant that you are in fact an authorized representative of such entity or other person, that you have the authority to bind such entity or other person to this Agreement, and that your acceptance of this Agreement (including if you have provided your Express Written Consent to its terms) shall constitute acceptance on behalf of such entity or person.
The disclaimers, terms, and conditions on these pages are of general application and may be supplemented upon a purchase by a Consent to Electronic Communications Delivery and Electronic Signature Policy, Terms of Customer Account Use, Customer Terms of Account Use and/or by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by Nursing Prep Solutions, as set forth in these referenced documents, if any. The above supplements to the Agreement may include such supplements as appear on any particular page of this Website, Platform, or through what is purchased, or through a registration process or other means. In the event of a conflict between the Agreement and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.
By using or otherwise accessing the Website or the Service, posting or downloading content or any other information to or from the Website or the Service, or manifesting your assent to this Agreement in any other manner, you hereby unequivocally and expressly agree to, and shall be subject to, this Agreement (except for Sections 3 and 4 which you will not be subject to and are not binding unless you have provided your Express Written Consent). If you do not unequivocally agree to be bound by the provisions of this Agreement (except for Sections 3 and 4, to which you are not required to agree to use or for access to the Website or the Service), you may not use or otherwise access the Website or the Service or post or download content or any other information to or from the Website or the Service. Alternatively, access and/or use may be limited as determined by Nursing Prep Solutions in its sole discretion. Your sole remedy for dissatisfaction with the Website or the Service or any content is to stop using the Website.
1. General terms of use and restrictions on use of materials
Nursing Prep Solutions hereby grants you a limited, non-exclusive, non-assignable, nontransferable license to access and use the Website solely for your own personal, non-commercial purposes, and for purposes related to Students, subject to your agreement to, compliance with and satisfaction of this Agreement other than Sections 3 and 4, which are not binding and require no compliance with or satisfaction thereof unless you have provided your Express Written Consent to this Agreement. All rights not otherwise expressly granted by this Agreement are reserved by Nursing Prep Solutions. If you do not comply with the Agreement at any time, we reserve the right to revoke the aforementioned license(s), limit your access to the Website, or restrict your ability to post or download Content, which may include the ordering of products and Service. All materials contained in this Website or made available through the Service, are protected by United States and international trademark and copyright laws, are owned, or controlled by Nursing Prep Solutions and must only be used for certain approved purposes as established by us. You may only view or download material from this Website for your own use or as otherwise expressly authorized by Nursing Prep Solutions. You are solely responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, electrical, and other physical requirements necessary for your access to and use of the Website or any part thereof.
The reproduction, duplication, distribution (including by way of email, or other electronic means), publication, modification, copying or transmission of material available on or through this Website or the Service is strictly prohibited without the prior written consent of Nursing Prep Solutions or unless expressly permitted by this Website or the Service. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Website. The copying, posting, linking or other use of Content from this Website or the Service on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Website or the Service can be made by contacting us at [email protected]. You are also strictly prohibited from creating works or materials that derive from or are based on the Content or other materials contained in this Website or the Service. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. You shall not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the Content, trademarks, Service marks, logos, or icons displayed on the Website or Service, which are the property of Nursing Prep Solutions, or its affiliates or licensors, if any, unless otherwise specifically noted in this Agreement. Trademarks, service marks, logos, and icons owned by third parties are the property of those respective third parties. Nursing Prep Solutions and affiliates do not warrant or represent that your use of the Content will not infringe the rights of third parties.
If you do not comply with the Agreement at any time, we reserve the right to terminate, limit, or otherwise alter your access to the Website or the Service. We may discontinue or alter any aspect of the Website or the Service, including, but not limited to, (i) restricting the time the Website or the Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating your right to use the Website or the Service, at our sole discretion and without prior notice or liability.
2. Consent to switching on video camera during tutoring
You acknowledge that participation in the class requires students to have their video camera turned on during the class. If a student is unable to participate via video, they can reschedule the class. Classes are not recorded.
3. Consent to communications
You acknowledge that the Consent to Communications provision of this Agreement is not binding on you unless you have provided your Express Written Consent (as defined above) to this Agreement. If you have provided your Express Written Consent (as defined above), the following provisions of the Consent to Communications provision are binding on you.
a) Agreement to Receive Communications from Nursing Prep Solutions.
By using the Platform and providing your phone number and/or email on the Platform, you agree and acknowledge that we may communicate with you via email, text messaging, text receipts, Short Messaging Service (“SMS”), and all phone calls at the number you provide. Such communications may be for any purpose, including marketing purposes, purposes related to Students and the Service provided to Students, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, artificial messages, pre-recorded messages, general telemarketing practices, and all other electronic communication. You agree that these calls may be regarding products and/or Service that we may market to you and that you are not obligated to receive such calls in order to purchase said products and/or Service. Nursing Prep Solutions will not charge you a fee for sending SMS text messages, but your communication Service provider may. You agree to pay any fee(s) or charges(s) that you may incur for incoming and outgoing text messages from or to us, our successors, Servicers or agents, without reimbursement from Nursing Prep Solutions or them.
You understand that, should the phone number provided above cease to be a valid means to contact you or if you cease to retain ownership of the phone number, you have an obligation to provide us notification of same through email at [email protected]. You understand and agree that, if we send you a communication but you do not receive it because your primary email address or phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive communications, we will be deemed to have provided the communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Nursing Prep Solutions to your email address book so that you will be able to receive the communications from us.
By electronically providing your Express Written Consent to this consent to communications, you are confirming that you have agreed to the terms and conditions herein and you have had an opportunity to download or print a copy of the Agreement for your file.
b) Electronic Signature.
You acknowledge that by clicking on the “Send Message”, or similar button on Nursing Prep Solutions’ website, you are indicating your intent to sign the relevant document or record and that this shall constitute your signature.
c) How to Withdraw Your Consent to Communications.
You may acknowledge that you may withdraw such consent to communications by notifying Nursing Prep Solutions of such withdrawal (per the opt-out instructions below or per the opt-out option provided with each communication) and repeating notification of such revocation if Nursing Prep Solutions subsequently attempts further communication, but that, until such consent is revoked and, if applicable, repeated, you may receive calls from Nursing Prep Solutions at your phone number provided above.
You may withdraw your consent to receive communications through email at [email protected] or by contacting Nursing Prep Solutions via the “Contact Us” link at the bottom of each page of Nursing Prep Solutions’ website.
If you wish to opt-out of promotional emails, you can unsubscribe from Nursing Prep Solutions’ promotional email list by following the unsubscribe options in the promotional email itself. If you wish to opt out of promotional texts, you may reply to the number from which you received the text and text “STOP” from the mobile device receiving the messages. If you wish to opt out of promotional calls, you can unsubscribe by following the prompt after the call or you may text “STOPCALL” to the number from which you received the call from the device receiving the messages. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Platform or the Service. You acknowledge that opting out of receiving calls and/or texts may impact your use of the Platform or the Service. At Nursing Prep Solutions’ option, Nursing Prep Solutions may treat your provision of an invalid phone number, or the subsequent malfunction of a previously valid phone number as a withdrawal of your consent to receive SMS text messages. Nursing Prep Solutions will not impose any fee to process the withdrawal of your consent to receive SMS text messages. Any withdrawal of your consent to receive SMS text messages will be effective only after Nursing Prep Solutions has a reasonable period of time to process your withdrawal.
d) Requesting Paper Copies of Electronic Communications.
Upon your request, Nursing Prep Solutions will send you a paper copy of the contract(s) or other material provided to you electronically pursuant to this consent. If you would like a paper copy of any of this material, please email us at [email protected] within 30 days of the communication for which you are seeking a paper copy. There will be no charge for a paper copy of this material.
e) Miscellaneous.
You agree to indemnify, defend, and hold Nursing Prep Solutions harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligations under Section 3, which are only binding if you have provided your Express Written Consent, shall survive termination of the Agreement. Nursing Prep Solutions will not be liable for losses or damages arising from any delay in delivery or disclosure of information to third parties by your communication service provider. Nursing Prep Solutions may modify or terminate its text messaging service from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice, without liability to you, any other User or a third party.
4. Dispute Resolution and Arbitration
You expressly acknowledge that the Dispute Resolution and Arbitration provision of this Agreement is not binding on you unless you have provided your Express Written Consent (as defined above) to this Agreement. If you have provided your Express Written Consent (as defined above), the following provisions of this Dispute Resolution and Arbitration provision are binding on you.
a) Agreement to Binding Arbitration Between You and Nursing Prep Solutions.
YOU AND NURSING PREP SOLUTIONS MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This arbitration provision (“Arbitration Provision”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Nursing Prep Solutions ends. ANY ARBITRATION UNDER THIS ARBITRATION PROVISION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Provision applies to all claims between you and Nursing Prep Solutions, including Nursing Prep Solutions’ affiliates, subsidiaries, parents, successors and assigns, and each of Nursing Prep Solutions’ respective officers, directors, employees, agents, or shareholders.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND NURSING PREP SOLUTIONS. These claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof); the Platform; the Service; any other goods or service made available through the Platform; your relationship with Nursing Prep Solutions; the threatened or actual suspension, deactivation or termination of this Agreement; payments made by you or any payments made or allegedly owed to you; any promotions or offers made by Nursing Prep Solutions; any city, county, state or federal wage-hour law; trade secrets; unfair competition; breaks and rest periods; expense reimbursement; wrongful termination; discrimination; harassment; retaliation; fraud; defamation; emotional distress; breach of any express or implied contract or covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Nursing Prep Solutions and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance for employees eligible under the specific benefit plan), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Provision) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND NURSING PREP SOLUTIONS ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION PROVISION. This Arbitration Provision is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Provision are expressly excluded from the requirement to arbitrate.
b) Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND NURSING PREP SOLUTIONS MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND NURSING PREP SOLUTIONS BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SECTION (b) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST NURSING PREP SOLUTIONS, WHICH ARE ADDRESSED SEPARATELY IN SECTION (c).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis.
Notwithstanding any other provision of this Agreement, the Arbitration Provision, the American Arbitration Association (“AAA”) Consumer Arbitration Rules (“AAA Rules”), disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any claims, the class, collective, and/or representative action on such claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims to the fullest extent possible.
c) Representative PAGA Waiver.
Notwithstanding any other provision of this Agreement or the Arbitration Provision, to the fullest extent permitted by law: (1) you and Nursing Prep Solutions agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and Nursing Prep Solutions agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Provision or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Provision or the requirement that any remaining claims be arbitrated on an individual basis pursuant to the Arbitration Provision; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those claims, the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
d) Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Provision shall be administered by the AAA pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Arbitration Provision. Copies of the Consumer Arbitration Rules can be obtained at the AAA’s website (www.adr.org) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s claims, or otherwise preside over any form of representative, collective, or class proceeding.
As part of the arbitration, both you and Nursing Prep Solutions will have the opportunity for reasonable discovery of non-privileged information that is relevant to the claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
e) Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:
f) Location and Manner of Arbitration.
Unless you and Nursing Prep Solutions agree otherwise, any arbitration hearings between you and Nursing Prep Solutions will take place in the county of your billing address. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. If your claim is for $10,000 or less, Nursing Prep Solutions agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
g) Exceptions to Arbitration.
This Arbitration Provision shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in section (c) of such action is deemed unenforceable by a court of competent jurisdiction; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of law.
Nothing in this Arbitration Provision prevents you from making a report to or filing a claim or charge with any local, state, or federal agency and nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any local, state, or federal agency, to the extent you are entitled to pursue such a claim, in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration, however you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Arbitration Provision. Nothing in this Agreement or Arbitration Provision prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
h) Severability.
In addition to the severability provisions in section (c) above, in the event that any portion of this Arbitration Provision is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Provision shall be given full force and effect.
i) Opting Out of Arbitration.
You may opt out of the requirement to arbitrate claims defined in section (e)(3) pursuant to the terms of this section. If you do not wish to be subject to this Arbitration Provision with respect to claims, you may opt out of arbitration with respect to such claims by notifying Nursing Prep Solutions in writing of your desire to opt out of arbitration for such claims by contacting us at [email protected]. In order to be effective, (A) the writing must clearly indicate your intent to opt out of this Arbitration Provision with respect to claims, (B) the writing must include the name, phone number, and email address associated with you, and (C) the email or envelope containing the signed writing must be sent within 30 days of the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and Nursing Prep Solutions shall be bound by the terms of this Arbitration Provision in full.
You should assume that there may be now, and may be in the future, lawsuits against Nursing Prep Solutions alleging class, collective, and/or representative claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of claims with Nursing Prep Solutions under this Arbitration Provision, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against Nursing Prep Solutions in an individual arbitration provision. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Provision and you will not be subject to retaliation, if you exercise your right to assert claims or timely opt-out of arbitration, for any claims under this Arbitration Provision.
j) Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and Nursing Prep Solutions may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Nursing Prep Solutions. A party who intends to seek negotiation under this section must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
5. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
6. Your Privacy
In an effort to address your privacy concerns, Nursing Prep Solutions has instituted the following Privacy Policy (“Privacy Policy”) that is incorporated herein by this reference. Nursing Prep Solutions reserves the right to change the Privacy Policy as set forth therein. You acknowledge that you have read and understand the Privacy Policy and that you have the obligation to periodically review the Privacy Policy from time to time. In the event any provisions contained in this Agreement conflict with any terms, conditions or clauses contained in the Privacy Policy, the provisions of this Agreement shall govern.
Nursing Prep Solutions may disclose information to trusted affiliates, independent contractors, and partners, who may use the information for certain business purposes deemed to be aligned with Nursing Prep Solutions’ goals and business objectives. In addition, Nursing Prep Solutions may transfer information collected from Users in connection with a sale or restructuring of Nursing Prep Solutions.
7. Permitted User Content Posted on the Website
We welcome your comments regarding the Website and the Service. However, to the maximum extent permitted by applicable law, you acknowledge and agree that all right, title, and interest in any content or information you submit, irrespective of the manner of such submission, to Nursing Prep Solutions (collectively, “User Content”) will be and remain the exclusive property of Nursing Prep Solutions at no additional fee, charge, cost, or expense to Nursing Prep Solutions. Your submission of any such User Content shall constitute an assignment to Nursing Prep Solutions of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the User Content. Nursing Prep Solutions will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction or prior notice and without compensating you in any way. For this reason, do not send Nursing Prep Solutions any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, articles, forms, product ideas, computer code or other original materials. Nursing Prep Solutions hereby retains the unrestricted right to use and to grant third parties the right to use the User Content in any manner and for any purpose in its sole discretion.
You are solely responsible for such User Content you provide to Nursing Prep Solutions or post on the Website or the Service. Nursing Prep Solutions accepts no responsibility whatsoever in connection with, or arising from, such User Content. You agree that Nursing Prep Solutions accepts no liability whatsoever if it decides, in its discretion, to prevent your User Content from being submitted or if it edits, restricts, or removes any User Content for any reason. You also agree to permit any other user of this Website to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Website by any other person.
Nursing Prep Solutions does not endorse and has no control over, User Content. User Content is not necessarily reviewed by Nursing Prep Solutions prior to posting and does not necessarily reflect the opinions or policies of Nursing Prep Solutions. Nursing Prep Solutions makes no warranties, express or implied, as to such User Content or its accuracy and reliability and assumes no responsibility for actively monitoring the Website for inappropriate User Content. Nursing Prep Solutions reserves the right to prevent you from submitting User Content to the Website, and to edit, restrict, or remove such User Content for any reason at any time. Nursing Prep Solutions may choose, in its sole discretion, to monitor the Website; however, Nursing Prep Solutions assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content and no responsibility for the conduct of any user submitting any User Content.
You should exercise discretion before relying on information contained on the Website, including User Content. You agree to evaluate, and assume all risks associated with the use of any information contained on the Website or Service, including, without limitation, any risk relating to any reliance on the accuracy, completeness or usefulness thereof.
The Website is not a backup Service for storing User Content, and Nursing Prep Solutions has and shall have no liability to you or any third parties regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Website or the Service.
You hereby represent, warrant, and covenant that any materials submitted to the Website by you are your own independent creation, solely and exclusively created by you without assistance from or by any third party, and do not infringe, in whole or in part, on any patent, copyright, trademark, or other intellectual property or proprietary rights of any third party.
8. User Representations
You hereby represent and warrant to Nursing Prep Solutions that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19, or 21 years of age, depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile or residence, (iii) possess legal parental or guardian consent, or (iv) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to Nursing Prep Solutions is truthful, accurate and complete; (c) you are an authorized signatory of the credit or debit card or other method of payment that you provide to Nursing Prep Solutions or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products or Service via the Website; (d) you will comply with the terms and conditions of this Agreement and any other agreement to which you are subject that is related to your use of the Website, Content or any part thereof; (e) you have provided and will maintain accurate and complete registration information with Nursing Prep Solutions, including, without, limitation, your legal name, email address and any other information Nursing Prep Solutions may reasonably require; (f) your access to and use of the Website or any part thereof or purchase and use of any products or Service will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (g) you will immediately notify Nursing Prep Solutions in the event that you learn or suspect that your registration information has been disclosed or otherwise made known to any other person; and (h) if you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person.
In the event that you post any User Content or provide any feedback via the Website, you hereby make the following additional representations and warranties to Nursing Prep Solutions: (1) you are owner of such User Content or feedback or otherwise have the right to grant Nursing Prep Solutions the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content or feedback and to grant the foregoing licenses or assignments; (3) the User Content or feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content or feedback does not contain any personally identifiable information about third parties, in violation of such parties’ rights; (4) the use of any User Content or feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content or feedback is true and accurate.
9. Links
As a service to users, Nursing Prep Solutions may provide information about other resources that may be of interest. However, Nursing Prep Solutions is not responsible or liable for any content, advertising, products, or other materials on, or available from, such sites or resources, and the presentation of third-party links or content by Nursing Prep Solutions is not intended to be an endorsement, sponsorship, or recommendation by Nursing Prep Solutions. Please be aware that when you exit the Website, you are subject to the policies of the new website. You further acknowledge and agree that Nursing Prep Solutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or Service available on or through any third-party website or resource.
10. Prohibited Activities
You shall not (nor cause any third party to) use the Website or the Service to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights – such as rights of privacy of others) or any of the following types of activities, without limitation:
• disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable material;
•transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party;
• that would constitute fraud;
• transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• interfering with or disrupting the Website or the Service;
• disrupting the activities or enjoyment of the Website or the Service for other users;
• collecting or storing personal data about other users;
• use of any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, Service or other data from the Website);
• use of the Website to gain competitive intelligence about Nursing Prep Solutions, the Website, or any product or Service offered via the Website or to otherwise compete with Nursing Prep Solutions or its affiliates;
• framing or otherwise simulating the appearance or functions of the Website or any portion thereof; or
• harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users.
You agree to abide by all applicable federal, state, or local laws, rules, or regulations, including any governmental agency guidelines, policies, or procedures, and are solely responsible for all acts or omissions taken by you including without limitation any of the User Content created or submitted by you.
11. Fees
Nursing Prep Solutions (or its partners) may charge a fee to post or access Content or for other features, products, Service, or licenses. You are responsible to Nursing Prep Solutions (or its partners) for any fees applicable to Content that you post or other features, products, Service or licenses you purchase or that are purchased through Nursing Prep Solutions (or its partners) for using or accessing the Website or the Service. You authorize Nursing Prep Solutions (or its partners), or its designated payment processor, to charge your specified credit card, debit card, or other payment method for such fees as provided through the registration process.
Unless otherwise specified, all fees are in United States dollars, and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by Nursing Prep Solutions (or its partners), or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, Nursing Prep Solutions (or its partners) reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card, or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
12. Release / Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
13. Exclusion of Warranties / Disclaimer
To the maximum extent allowed by law, the Website or the Service, and any Nursing Prep Solutions content are provided “as is” and “as available,” and at your sole risk. Although Nursing Prep Solutions uses reasonable efforts to ensure that the information contained on the Website and through the Service is as accurate as possible, Nursing Prep Solutions gives no warranty of any kind regarding the Website or the Service, or Nursing Prep Solutions content posted or otherwise made available therein. Further, Nursing Prep Solutions does not warrant the accuracy, completeness, currency, or reliability of any Nursing Prep Solutions content that the results obtained from the use of the Website, or the Service or Nursing Prep Solutions content will be accurate or reliable, or that the quality of the Website or the Service or Nursing Prep Solutions content will meet your expectations. Nursing Prep Solutions expressly disclaims all warranties, representations, conditions, undertakings, or other obligations including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Website, the Service, or Nursing Prep Solutions content will be error-free or that such errors will be corrected.
Any Nursing Prep Solutions content or other material downloaded or otherwise obtained through the use of the Website, or the Service is done at your sole risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Nursing Prep Solutions content or material.
14. Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. Assignment
This Agreement may not be assigned by you to any other party without Nursing Prep Solutions’ prior written consent, but is nevertheless binding on your assignees, heirs, and personal representatives.
16. Term and Termination
This Section does not apply to the Consent to Communications (Section 3) and the Dispute Resolution and Arbitration (Section 4) provisions of this Agreement, which are only binding on you if you have provided your Express Written Consent (as defined above) to this Agreement.
In addition to any other method of termination, suspension, or survival provided for in this Agreement, Nursing Prep Solutions reserves the right to terminate this Agreement at any time and for any reason upon ten (10) days’ notice to you. Further, you agree that Nursing Prep Solutions shall not be liable to you or any third-party for any termination or suspension of your access to the Website or any part thereof, removal of Content or sale of any products. You may terminate this Agreement at any time by immediately discontinuing all access to the Website and by providing notice to Nursing Prep Solutions of such discontinuance. Termination or cancellation of this Agreement shall not affect any right or relief to which Nursing Prep Solutions may be entitled at law or in equity. Upon termination of this Agreement, you shall terminate all use of the Website and any Content provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. Modifications and interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
If you have any questions, contact us at [email protected] Any changes in Nursing Prep Solutions’ policies will be communicated on this page.
18. Governing Law and Other Miscellaneous Terms
Except as otherwise set forth in the Agreement, specifically in the Dispute Resolution and Arbitration (Section 4) provision, the validity and effect of the Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida, USA, without regard to its conflicts of laws principles. In the event litigation is instituted hereunder, each user consents to the exclusive jurisdiction of any federal or state court situated in or serving Broward County, Florida, as Nursing Prep Solutions selects in its sole discretion. The prevailing party shall be entitled to recover its attorneys’ fees and court costs, together with any other relief awarded by a court of competent jurisdiction, except as set forth in the Dispute Resolution and Arbitration (Section 4) provision of this Agreement. Any suit, action or proceeding concerning the Website, its use, these terms of use, or concerning any other policy or procedure of Nursing Prep Solutions, must be brought in a court of competent jurisdiction in Florida, and you hereby irrevocably consent to the jurisdiction of such court (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding; and you irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
19. Copyright and Copyright Notices
Nursing Prep Solutions respects the intellectual property of others and asks its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Nursing Prep Solutions’ copyright agent the following information:
• an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Website sufficient to
• allow Nursing Prep Solutions to locate the allegedly infringing material;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact us at [email protected] for notice of claims of copyright infringement. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.
If you believe that the User Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the User Content, you may send a counter-notice containing the following information to the copyright agent:
If a counter-notice is received by the copyright agent, Nursing Prep Solutions may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the person providing such User Content, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Nursing Prep Solutions’ sole discretion.
20. California users and residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
21. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
22. Contact us
If you have any questions or comments about this Terms of Use, you may contact us at:
Nursing Prep Solutions
6574 N State Rd 7, Suite 218
Coconut Creek, FL 33073,
United States of America
Phone: (954) 324 7673
Email: [email protected]
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