NURSING CE CENTRAL STUDENT AGREEMENT
PLEASE READ THIS INFORMATION CAREFULLY. BY CONTINUING WITH THIS COURSE, YOU AGREE TO BE BOUND BY THE CONTENTS HEREIN.
Nursing CE Central (“NCC”) is the provider of certain online courses. By continuing to use this site or taking any courses on the NCC platform, you (“Student”) hereby agree to the following provisions (the “Agreement”). If you are not the Student who will be taking the foregoing courses, or if you do not have the authority or capacity to agree to the terms of this Agreement, please do not proceed.
In this Agreement, the use of “Student” shall apply to you or any individual viewing or taking courses through the NCC website or otherwise using its materials. Any uses of singular terms include the plural, and present tense shall include the past and future tense.
1. E-Learning Platform. The Student acknowledges that courses provided by NCC are offered in an electronic format In a web-based environment. As such, interruptions in Internet service, connectivity issues, failure of service due to the actions of hackers and other unlawful parties, force majeure events, programming errors, loading failures, server interruptions, and other similar technological difficulties may occur throughout the Student’s use of this course. The Student agrees that NCC is not liable for any such technological disruptions or failures.
2. Use of Course Content. The courses provided by NCC are based on industry knowledge and input from professional nurses, experts, practitioners, and other individuals and institutions. The information presented in the courses are intended solely for the use of healthcare professionals taking this course, for credit, from NCC. The information is designed to assist healthcare professionals, including nurses, in addressing issues associated with healthcare. The information provided in these courses is general in nature and is not designed to address any specific situation. These publications in no way absolves facilities of their responsibility for the appropriate orientation and/or oversight of healthcare professionals. Hospitals or other organizations using this publication as a part of their own orientation processes should review the contents of this publication to ensure accuracy and compliance before using this publication. Knowledge, procedures or insight gained from the Student in the course of taking classes provided by NCC may be used at the Student’s discretion during their course of work or otherwise in a professional capacity. The Student understands and agrees that NCC shall not be held liable for any acts, errors, advice or omissions provided by the Student based on knowledge or advice acquired by NCC. The Student may use any information provided by NCC at its own risk.
3. LIMITATION OF LIABILITY. IN NO EVENT SHALL NCC, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO STUDENT FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, NEGLIGENCE, BREACH OF PROFESSIONAL RESPONSIBILITY, DAMAGE TO PERSONAL HARDWARE OF SOFTWARE, OR ANY OTHER CLAIMS ARISING FROM OR
RELATED TO NCC COURSES OR SERVICES, A BREACH OF THIS AGREEMENT OR THE OPERATION OR USE OF SYSTEMS, THE EQUIPMENT OR TECHNOLOGY INCLUDING SUCH DAMAGES, WITHOUT LIMITATION, ARISING FROM LOSS OF DATA OR
PROGRAMMING, LOSS OF REVENUE OR PROFITS, DAMAGE DUE TO WORMS, TROJAN HORSES, OR OTHER VIRUSES, FAILURE TO INCLUDE CERTAIN PRACTICES OR TECHNIQUES, AND THIRD PARTY CLAIMS AGAINST THE STUDENT, EVEN IF NCC OR THE STUDENT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NCC DOES NOT GUARANTEE THAT THE INFORMATION CONTAINED ON ITS SITE OR
IN ITS COURSES IS TRUE, ACCURATE, RELIABLE, COMPLETE, OR WITHOUT ERROR. THE STUDENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS NCC, INCLUDING ITS PARENT(S), SUBSIDIARIES, AFFILIATES, OFFICERS/DIRECTORS, AND EMPLOYEES AGAINST ANY AND ALL CLAIMS MADE AGAINST THE STUDENT WHICH MAY DIRECTLY OR INDIRECTLY IMPLICATE NCC AND ITS COURSE OF
DEALINGS WITH STUDENT. THIS LIMITATION OF LIABILITY SHALL BE APPLIED TO THE FULL EXTENT OF THE LAW OF THE JURISDICTION WHERE THE STUDENT RESIDES OR WHERE SUCH CASE REGARDING ANY LIABILIY IS PRESENTED.
4. Grant of License. The information presented in this and other courses provided by NCC contain
confidential and proprietary information for use solely by NCC. The Student is hereby granted a
license to use purchased courses. The license is limited, revocable, non-exclusive, nontransferrable,
and may not be sublicensed. The license is subject to the terms contained in this
Agreement. The Student or any other parties viewing the information contained herein are
expressly prohibited from duplicating this material for any reason. The intended use of these courses are for the individual purchaser only. Any commercial or institutional use or use for any other reason is considered a breach of the license of use. The Student understands and agrees that duplicating this material constitutes a breach of this Agreement and that such
duplication, with or without distribution of same, will cause NCC irreparable harm. Violation of
this provision shall entitle NCC to suspend the Student’s access to NCC’s courses and platform.
Should NCC commence legal action based upon the Student’s violation of this provision, NCC
shall be entitled to collect costs and attorney fees in addition to any other awards recovered in the
course of the legal action. NCC will not provide refunds for any Student whose access is restricted
for violations of this provision.
5. Intellectual Property. All rights, title and interest in intellectual property rights related to NCC
products and courses including copyright, patents, trademarks, trade secrets, improvements,
developments, proprietary information, know-how, processes, methods, business plans or models
(including computer software and preparatory and design materials thereof) and all other
intellectual property (whether registered or not) developed or created from time to time shall
exclusively be owned by NCC. While you may utilize the intellectual property, you understand
that there shall be no transfer of ownership of the same. Nothing that you see or read during the
course of your use of NCC courses or products may be copied, reproduced, modified, transmitted,
republished, displayed, or performed for commercial use. All other trademarks, service marks, and
trade names in this material are the marks of the respective owners and any unauthorized use is
prohibited.
6. State Licensing Boards. NCC provides courses which are designed to enhance the knowledge and understanding of the practice of nursing. NCC does not guarantee that Students taking its courses will be awarded valid credit hours to satisfy any state board’s continuing education requirements nor that these courses may be counted toward any requirements to renew or obtain a new nursing license. The Student is responsible for verifying that any courses the Student takes on the NCC platform can be counted toward the Student’s continuing education or licensing requirements. The Student agrees that NCC will not be liable for the refusal or failure to accept theses courses as continuing education credit hours or licensing requirements by any state board.
7. No Relationship. By taking this course, NCC is not entering into any joint venture, partnership,
employment, agency, or other professional or contractual relationship with the Student.
8. Cancellation, Refunds, and Restrictions. Where NCC products or courses are delivered to the
Student immediately, the Student will not have the right to request a refund or change its mind
regarding the purchase of the course material. Refunds may be considered on a case by case basis
in the event that the Student does not download, stream, or otherwise access course material. In
order to request a refund, the Student should contact the course administrator. It is the Student’s
responsibility to ensure that it has the proper system requirements, including compatible hardware,
software, telecommunications equipment and Internet service prior to purchasing any content.
NCC is unable to provide refunds in the event the Student’s access to NCC’s products is inhibited
due to insufficient system requirements. NCC may restrict the Student’s access to purchased
products if the terms of this Agreement are breached or in the event of non-payment, revoked
payment, or the Student’s failure to provide information to NCC which is necessary to provide the
products to the Student. NCC will make its best efforts to contact the Student in writing within
seven (7) days of cancellation or restriction to NCC courses or materials.
9. No Warranty. The products, courses, or services provided herein by NCC or its parent(s),
affiliates, subsidiaries, or agents does not include any express or implied warranty whatsoever,
including but not limited to fitness for a particular purpose or merchantability.
10. Your Account. A member account (“Account”) is the area of the NCC website which is accessible
via a password and it contains personal information regarding the Student. If the Student creates
an Account on the NCC website, the Student is responsible for maintaining the security of its
Account and is fully responsible for all activities that occur under the Account and any other actions
taken in connection with the Account. The Student must immediately notify the webmaster of any
unauthorized uses of its Account or any other breaches of security. NCC will not be liable for any
damages incurred as a result of such breaches or unauthorized uses.
11. Other Websites. There may be other websites liked, embedded, or otherwise referred to through
the NCC platform. NCC has not reviewed all the content of these websites and shall not be liable
for any information posted therein. The Student should proceed to these third-party websites at its
own risk. Links to such external sites do not imply that NCC endorses or such websites or the
content therein.
12. Assignment and Modifications. NCC reserves the right to assign to third parties any rights,
licenses, and/or obligations arising out of relating to these terms without restriction. The Student
may not transfer or assign any of its rights, or delegate any of its duties, under this Agreement,
either in whole or in part (including by merger or operation of law) without the prior written consent
of NCC. To the extent the license or any rights or obligations hereunder are transferred, assigned
or delegated in a manner that is permitted by these terms, these terms shall be binding upon all the
Student’s successors and assigns hereto.
NCC reserves the right, at its sole discretion, to modify or replace any part of the course or materials
offered to the Student. Continued use of the website constitutes the Student’s acceptance of such
changes or modifications.
13. Disputes. Any disputes arising under this Agreement shall be first attempted to solve in good faith
negotiation between the parties. Should any dispute not be settled through these good faith
negotiations, then the parties shall submit the dispute to binding arbitration pursuant to the
Kentucky Uniform Arbitration Act (KRS 417.045-.240). This Agreement will apply Kentucky law
and any arbitration proceedings shall occur within the state of Kentucky.
THIS PROVISION LIMITS THE STUDENT’S RIGHTS TO FILE SUIT IN A COURT OF
LAW. PLEASE REVIEW THE FOREGOING SECTION 13 CAREFULLY AND
CONSULT WITH AN ATTORNEY IF NECESSARY.
14. Survival. In the event the Student’s account is terminated, all provisions under this Agreement
regarding confidentiality, limitations of liability, disclaimers of warranty, intellectual property,
distribution of materials, and indemnification shall remain in effect.
15. Entire Agreement. This Agreement, along with any terms of payment, consist of the full
agreement between the parties hereto. This Agreement supersedes ay other oral or written
agreements between the parties. No modifications to this Agreement may be made without the
written consent of NCC and the Student.
16. Severability. If any part of this Agreement is held invalid or unenforceable, that part will be
construed to reflect the parties’ original intent, and the remaining portions will remain in full force
and effect.
BY PURCHASING A COURSE OR PACKAGE OF COURSES ON THE NCC WEBSITE OR ACCESS ANY OF THE COURSES OR
MATERIALS HEREUNDER, YOU CONSENT TO BE BOUND BY THE TERMS OF THIS
AGREEMENT.
