Terms and Conditions

PLEASE READ THE FOLLOWING USE, CONDITIONS, AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE SUBSCRIBING TO OUR SERVICES AND USING MATERIAL.

This NursingCE.com User Agreement ("Agreement") is a contract between you and Assessment Technologies Institute, LLC (“ATI”) and applies to your subscription to and use of products and services available through www.NursingCE.com (collectively the "Services"). YOU MUST AGREE TO THESE TERMS BEFORE YOU ARE ABLE TO REGISTER TO USE THE SERVICES. TO AGREE TO THESE TERMS, CLICK "I agree with the NursingCE.com User Agreement." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "I Agree with the NursingCE.com User Agreement." IF YOU DO NOT CLICK "I Agree with the NursingCE.com User Agreement", YOU WILL NOT BE ABLE TO ACCESS THE SERVICES.

We may amend this Agreement at any time, without prior notice to you, by posting the amended terms on www.NursingCE.com (the "Site") and such terms will take immediate effect when posted, provided however, ATI will not alter any consent previously provided by you regarding use of your personal information or data unless you expressly provide updated consent.

In this Agreement, "you" or "your" means any person or entity subscribing to and/or using the service ("Users"). Unless otherwise stated, "ATI," "we," or "our" will refer collectively to ATI.

Registering with NursingCE.com makes you eligible to receive our future offers and promotions.

License In consideration of and subject to your payment of the appropriate subscription fee for the Services and your agreement to and compliance with the terms and conditions set forth in this Agreement, ATI grants you a non-exclusive, non-sublicensable, non-transferable, limited use license to use and access the NursingCE.com content made available by ATI (collectively the "Licensed Materials") from multiple places/locations/computers at "different times."

Software Use Terms THE CONTENT AND MATERIALS MAINTAINED ON THIS SITE AND PROVIDED AS PART OF THE SERVICES, IN WHOLE OR IN PART, ARE THE SOLE AND EXCLUSIVE PROPERTY OF ATI, AND SHALL NOT BE REPLICATED, REPRODUCED, COPIED, DOWNLOADED, REMOVED, OR OTHERWISE TRANSCRIBED. YOU SHALL NOT ACCESS OR USE LICENSED MATERIALS EXCEPT ON THE SITE FOR THE PURPOSES THEREIN SET FORTH. NOTHING IN THIS AGREEMENT SHALL BE DEEMED A LICENSE, AUTHORIZATION, OR GRANT OF RIGHTS TO COPY OR DISSEMINATE THE INFORMATION TO ANY OTHER FORUM OR MEDIA.

ALL APPLICABLE WORKS MAINTAINED ON THE SITE ARE SUBJECT TO COPYRIGHT, TRADE MARK, SERVICE MARK, AND SUCH OTHER INTELLECTUAL PROPERTY RIGHTS AS MAY APPLY FROM TIME TO TIME.

In the event that an educational institution, i.e. medical school, residency program(s), pays for the your self-assessment subscription, you hereby give your consent for ATI to provide the educational institution with your performance results. ATI may also share completion metrics with third parties for purposes of documenting student progress and met learning objectives (e.g. ACGME requirements).

Export Restrictions on International Sales In accordance with current U.S. export restrictions, software(s) and Learning Materials may be downloaded by individuals throughout the world except those in the following embargoed countries: Cuba, Iran, Syria, North Korea, Myanmar (formerly Burma), and Sudan, or other countries that may be listed as embargoed under U.S. laws. If you are in one of these countries, you may not download ATI software(s). You warrant that you are not located in any U.S. embargoed country. ATI reserves the right to (i) add or remove countries, states, or jurisdictions from this list as required by applicable law and (ii) deny or restrict services to the listed countries and revoke the credentials or access of any person situated in an enumerated jurisdiction. The Services and Licensed Materials may not be provided to anyone on the U.S. Government’s list of specially designated nationals or denied persons or entities. You warrant that you are not on any such list.

Access to Course Content You shall be allowed to use the Licensed Materials for the specific NursingCE.com course(s) and matter to which you have subscribed. Each NursingCE,com course has its own subscription fees and course duration. You are not allowed to access the content of courses to which you have not subscribed other than in a trial format.

Refunds/Cancellations/Reactivations Except as otherwise provided in this Agreement or at the sole discretion of ATI, no refunds, cancellations, or changes to subscriptions will be allowed.

Member Account/Password and Security You must complete NursingCE.com registration process in order to subscribe to and use the Services by providing us with current, complete, and accurate information as prompted by the applicable registration form. You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify ATI immediately of any unauthorized use of your account or any other breach of security. ATI 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 ATI or another party due to someone else using your account or password.

Ownership The Licensed Materials, including all intellectual property rights in the Licensed Materials, are and shall remain the sole and exclusive property of ATI. By indicating that you accept these terms, you do not become the owner of the licensed materials, but are entitled to use them according to the terms of this Agreement. All content on this site is protected by copyright.

Subscription Term You have obtained a limited, non-transferable right to use and access the Licensed Materials for the NursingCE.com course(s) you have subscribed to for the subscription period of that course(s). At the end of this period, your right to use and access the Licensed Materials will expire automatically unless you renew your subscription under the current terms and conditions. If you purchased before February 4, 2019, you will have access for the remainder of the applicable two-year period of your purchase and, thereafter, your subscription will not renew. Any subsequent purchases will be at then standard fees. The subscription will start immediately after the activation unless the User notifies NursingCE.com with a desired start date before using any part of the subscription. Subscription(s) cannot be suspended temporarily or reactivated later. The User must use the subscribed material within the subscription period and no free extensions are offered for any unused period. Renewals are offered as a continuation to current subscription term. Renewals are not offered for later use after expiration of current subscription. The User must renew the subscription prior to expiration and use it continuously. Renewal will only be provided to the course subscribed. Some courses are offered as a combination package(s) and the renewal will only be allowed for individual courses in the package but not for combined packages. Renewals allow the user to work for extended period on the existing test information. This Agreement and your license to use the Licensed Materials will also terminate in ATI’s sole discretion, if you fail to comply with any term or condition in this 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 chartrooms. 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 an unauthorized purpose.

We respect the privacy of the patients and physicians involved in the creation of the questions. You are expressly prohibited from asking as to the identities of the patients or the physicians writing the questions.

This resource should not be used as a means for diagnosis or management of patients.

Restriction Against Transfer You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials. All accounts at ATI are monitored for multiple logons. In the event that ATI believes in its sole discretion that an account is being used by multiple users at the same time, ATI reserves the right to terminate that account without any notice or refund. We also retain the right to take legal action on grounds of breach of contract. Therefore, please do not disclose your account details to anyone else.

Violations In the event that you breach any term of this Agreement, ATI may in its sole discretion terminate this Agreement, your access to the site, and its provision of services to you without refund, and ATI reserves the right to seek all remedies available by law and in equity for such breaches, including but not limited to damages. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your ability to use the Services.

Marks Assessment Technologies Institute, LLC, ATI and NursingCE.com trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Assessment Technologies Institute, LLC in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners. ATI and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.

No Warranties ATI PROVIDES ITS SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ATI does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made through the site by any party other than ATI. ATI is not liable for any loss or damage caused by a User's reliance on information obtained through the site. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Site. Please seek the advice of professionals as appropriate regarding the evaluation of any specific information, opinion, advice, or other content. The information provided in ATI is no substitute for individual patient assessment based upon the health care provider's examination of each patient and consideration of laboratory data and other factors unique to the patient. ATI should be used as a tool to help medical students pass the exams. ATI reserves the right to withdraw subscriptions and the complete site if necessary. If this ever becomes necessary, Users will only pay for the time of their subscription that has elapsed (on a pro-rata basis). ATI will use reasonable efforts to rectify any error that occurs on its site but does not guarantee access to the Site in case of software errors/viruses/other natural or technical catastrophes that cannot be repaired in spite of a reasonable effort. ATI will use reasonable efforts to keep its site online at all times. The User understands, however, that scheduled maintenance and problems out of the control of ATI can cause the site to be temporarily unavailable. You understand and agree that the Services and Licensed Materials were developed based on generally accepted education and nursing principles and standards in the United States, and have not been customized or otherwise specifically designed for use in any other country.

Limitation of Liability ATI specifically disclaims any liability (whether based in contract, tort, strict liability, or otherwise) for and User shall not be entitled to recover any indirect, incidental, consequential, punitive, or special damages arising out of or in any way connected with access to or use of the site, this agreement, and our services, even if ATI has been advised of the possibility of such damages, including liability associated with any medical malpractice or viruses, which may infect a user's computer equipment. ATI maximum liability arising out of or in connection with your use of its services and site, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed your subscription fee actually paid.

Confidentiality of User Communications Except as required by law, ATI will maintain the confidentiality of all User communications, which contain personal user information and which are transmitted directly to ATI. Postings by a User on any public arena, such as a message board or in any chat room, will not be protected as confidential, and ATI may use and disclose information contained in any such postings (including any ideas, concepts, know-how, or other intellectual property) for any purpose deemed appropriate by ATI.

Search engines and web crawlers The information that is posted on ATI Forums is routinely indexed by search engines and web crawlers (like Google, MSN, Yahoo, etc.). Therefore, when an online search is conducted, the information posted might show up in search results. If you do not wish your posting to be made publicly available or indexed by third-party search engines, then do not make a post on our forums.

Linked Internet Sites ATI is not responsible for the content available on any other Internet sites linked to the site. Access to any other Internet sites linked to the site is at the user's own risk.

You may link to the home page of our website as long as the link does not cast us in a false or misleading light.

Postings ATI is under no obligation to review any messages, information, or content ("Postings") posted on the site by Users, and assumes no responsibility or liability relating to any such postings. Notwithstanding the above, ATI may from time to time monitor the postings on the site and may decline to accept and/or remove any postings that contain: Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law, advertisements or solicitations of any kind, messages posted by Users impersonating others, personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references, messages by non-spokesperson employees of ATI purporting to speak on behalf of ATI, messages that offer unauthorized download of any copyrighted or private information, multiple messages placed within individual folders by the same user restating the same point, and chain letters of any kind. ATI shall have sole discretion with respect to the removal of any content posted on the Site.

DMCA Guidelines In accordance with the Digital Millennium Copyright Act or DMCA, ATI encourages all copyright infringement claims to be made in writing. Any registered user or visitor to the ATI website who believes they are a victim of copyright infringement should notify the ATI DMCA agent immediately.

If you are the copyright owner or an agent acting on behalf of the copyright owner, please provide us the following information: The description of the probable copyright infringement material(s); any information that can assist ATI agents to properly pinpoint the information, including URL's, infringer's user ID, URL of the page, date of posting, and any other pertinent information or data; detailed contact information, including your full name, address, e-mail, and telephone number; include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law." Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." Written communication should be sent to: [email protected]

Governing Law This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. This agreement is governed by the internal substantive laws of the state of Kansas in the United States of America, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Kansas in the United States of America. Any defense of lack of personal jurisdiction, improper venue, or forum non conveniens is hereby waved. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Should you have any questions regarding this agreement, you may contact ATI ([email protected]) at any time.

COMPLIANCE WITH LAWS; EXPORT

You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of the Services. You will not use the Services or Licensed Materials in any way that is prohibited by U.S. law or that would violate U.S. export regulations.

GOVERNMENT USE

The Services were developed using private funds and are "Commercial Items" as defined in 48 CFR §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." Consistent with 48 CFR §12.212 or 48 CFR §227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government solely as Commercial Items and only with those restricted rights granted to all other end-users pursuant to the terms of this Agreement. Unpublished-rights reserved under the copyright laws of the United States.

USE OF LINKS

ATI may include material from third parties or include links to third party websites in the Services. Such material is provided as a convenience to you and ATI assumes no liability or responsibility for such third party materials or websites.

MISCELLANEOUS

No ATI employee or representative has any right or authority to modify, whether orally or in writing, the terms of this Agreement, unless such modification is in a written agreement signed by an authorized representative of each party.

If you are in Canada, ATI and you confirm that it is their wish that this document and all other related documents be drawn up in English. (Translation in French: ATI et vous reconnaissent avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s’y rattachent.)

This Agreement is the entire and exclusive agreement between ATI and you regarding your use of NursingCE.com, the Sevices and Licensed Materials and replaces any prior agreements between you and ATI regarding the subject matter herein. If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. ATI’s failure to enforce any right under this Agreement will not constitute a waiver of such right or of any other right under this Agreement. ATI is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of ATI’s control.

ATI reserves the right to take steps ATI believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that ATI has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as ATI believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ATI's right to cooperate with any legal process relating to your use of the Services, and/or a third-party claim that your use of the Services is unlawful and/or infringes such third party's rights).

USE OF DATA

Before registering with NursingCE.com, you are required to agree to the following terms around use of certain data, as described below:

Your Learning Data: You understand and agree that, in the course of your use of the Services, you (and your school or institution, if your use of the Services is affiliated with a school or institution) will submit personal and identifiable data regarding you and your individual use of the Services, which may include, but not be limited to, your performance, test results, your personal learning behaviors including behaviors around use of the Services, licensure, and various metrics related to your learning through the Services ("Your Learning Data").

You understand and agree that ATI, through the Services, will collect, maintain, process, have access to, and use Your Learning Data (identifiable data about you, as defined above) to (i) confirm your identity to ensure only authorized users are accessing the Services and for purposes of ATI Services security, (ii) analyze and provide certain information about your learning, engagement with and use of the Services, and performance to you, the school or institution with whom your Services use is affiliated and your instructor(s) from said school or institution, as well as adaptive and personalized learning, (iii) analyze, separately or with data that ATI receives from third parties, for purposes of ATI’s internal data analysis and research and for developing and enhancing the Services, (iv) provide technical support to you and your school or institution on the Services, and (v) generate reports and analytics for use by you, your school or institution and your instructor(s) regarding your performance and/or the performance of an entire class or classes at your school or institution.

ATI reserves the right to continued use of all General Services Data and Aggregate Data, as defined below, without specific, identifiable reference to you or Your Learning Data.

General Services Data : You also understand and agree that, through the Services and the use of other third party software, ATI may collect diagnostic, technical, and general Services usage information that is gathered, de-identified, and made anonymous, to (i) facilitate ATI’s support and software development, and improve the Services and content efficacy, (ii) verify compliance with license terms, (iii) monitor, record and report information about the Services user activity and engagement with the Services, (iv) collect information around device use, Services site volume and load, and user results in connection with certain Services features or material ("General Services Data").

Aggregate Data: Your Learning Data and General ATI Services Data may also be used in the aggregate, anonymous, and de-identified by ATI for analysis related to benchmarking, research and analytics, employment matters, graduate level programs and continuing education, ATI’s Services development and improvement, general metrics about your school’s or institution’s performance as compared to other schools and institutions and other ATI customers, as well as for anonymized metrics and analysis relative to students’ school and licensure exam performance. ("Aggregate Data").

Third Parties: You understand and agree that ATI may share various types of aggregated and anonymous, de-identified data described above with third parties, provided however, in no event will ATI share any personally identifiable information about you with any third party (other than the school or institution with whom your Services use is affiliated, and ATI contractors for whom ATI remains fully responsible) without your express consent to such disclosure.

Data Transmission: If you are located outside of the United States, you consent to the transmission and transfer of your personal information into the United States, to be processed, stored and maintained on or through ATI servers located in the United States.

By registering with NursingCE.com, as part of agreeing to the terms and conditions in this Agreement, you are also providing your express consent to ATI’s and its affiliates’ collection, use, maintenance, reporting, transmission, and processing of Your Learning Data, General Services Data, and Aggregate Data, as described herein.