Terms of Service for NCLEX Breeze

Effective Date: 1/01/2024

Welcome to NCLEX Breeze. These Terms of Service ("Terms") govern your use of our website, www.nclexbreeze.com (the "Website"), and the services provided through the Website. By accessing or using our Website, you agree to be bound by these Terms. Please read them carefully before using the Website.

If you do not agree to these Terms, you may not access or use our services.

1. Use of the Website and Services

NCLEX Breeze provides educational resources, courses, and tools to help users prepare for the NCLEX exam (the “Services”). By using the Website, you agree to:

• Use the Website and Services in accordance with these Terms and all applicable laws.
• Not use the Website for any unlawful, fraudulent, or harmful purpose.
• Not attempt to disrupt the functionality of the Website or Services, including by uploading viruses or malicious software.
• Provide accurate, complete, and current information when creating an account, if applicable.
• Be solely responsible for maintaining the confidentiality of your account information, including your password.

2. User Accounts

To access certain features of the Website, you may be required to create an account. When creating an account, you agree to:

• Provide accurate and complete registration information.
• Update your account information as necessary to maintain accuracy.
• Keep your login details secure and not share your password with others.
• Notify us immediately of any unauthorized use of your account or breach of security.

We reserve the right to suspend or terminate your account if you violate these Terms or engage in unauthorized use of the Website.

3. Intellectual Property

The content on NCLEX Breeze, including text, graphics, logos, images, and software, is the property of NCLEX Breeze and/or its licensors and is protected by intellectual property laws. You are granted a limited, non-exclusive, and revocable license to access and use the Website for personal, non-commercial use.

You agree not to:

• Reproduce, distribute, modify, or create derivative works of the content without explicit written permission from NCLEX Breeze.
• Use our trademarks, logos, or other proprietary information without prior consent.

4. User-Generated Content

NCLEX Breeze may allow users to post reviews, comments, or other content ("User Content"). By submitting User Content to the Website, you grant NCLEX Breeze a non-exclusive, worldwide, royalty-free, and perpetual license to use, display, and distribute the content for any purpose.

You agree that:

• Your User Content does not infringe on the intellectual property rights, privacy, or publicity rights of others.
• Your User Content is not unlawful, defamatory, obscene, or harmful.
• NCLEX Breeze reserves the right to remove or modify any User Content at our discretion.

5. Payments and Refunds

NCLEX Breeze offers paid services, including premium courses and materials. By purchasing any services or products through the Website, you agree to:

• Pay all applicable fees in a timely manner.
• Provide accurate payment information.
• Follow any additional terms or policies related to the specific service or product purchased.

Refunds may be granted at the discretion of NCLEX Breeze in accordance with our refund policy. If you are unsatisfied with a purchase, please contact us at [Insert Contact Information] for assistance.

6. Disclaimer of Warranties

NCLEX Breeze provides the Website and Services on an “as-is” and “as available” basis. We make no warranties, either express or implied, regarding the operation, reliability, or availability of the Website and Services, including:

• The accuracy, completeness, or reliability of the educational content.
• That the Website will be error-free, secure, or uninterrupted.
• That any information or results obtained through the Website will meet your expectations or be suitable for your needs.

To the fullest extent permitted by law, NCLEX Breeze disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7. Limitation of Liability

To the maximum extent permitted by applicable law, NCLEX Breeze, its affiliates, and its officers, directors, employees, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or service interruptions arising from your use of the Website or Services.
• Any damages exceeding the amount you paid to NCLEX Breeze in the last 12 months for the specific service or product related to the claim.

This limitation of liability applies even if we have been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify and hold harmless NCLEX Breeze and its affiliates from any claims, damages, losses, liabilities, and expenses (including attorney’s fees) arising out of or related to:

• Your use of the Website or Services.
• Your violation of these Terms.
• Your infringement of any intellectual property or other rights of a third party.

9. Termination

NCLEX Breeze reserves the right to suspend or terminate your access to the Website or Services, with or without notice, for violating these Terms or for any other reason at our sole discretion.

Upon termination, the licenses granted under these Terms will terminate, and you must cease all use of the Website and Services.

10. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the state of [Insert State], without regard to its conflict of law principles. Any disputes arising from or relating to these Terms shall be resolved exclusively in the state or federal courts located in California, and you agree to submit to the jurisdiction of such courts.

11. Changes to the Terms

NCLEX Breeze reserves the right to modify or update these Terms at any time. Any changes will be posted on this page, and the "Effective Date" at the top will be updated accordingly. It is your responsibility to review these Terms periodically for any updates.

By continuing to use the Website after changes to the Terms have been made, you accept the updated Terms.

12. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

NCLEX Breeze
support@nclexbreeze.com
858-240-9432