Registered User Terms of Use
happyNCLEX training (Joan Palmeri) offers you access to this Website based strictly on the terms contained in this Agreement. By clicking “I Accept” below, you are accepting and agreeing to be bound by each of the terms contained in this Agreement. Joan Palmeri may modify this Agreement at any time. Amended terms are effective upon being posted. You should, therefore, review this Agreement from time to time. Your access and use of this Website after the effective date of amended terms means that you have accepted the amended terms. This Agreement cannot be otherwise amended except in a writing signed by both you and Joan Palmeri.
COPYRIGHT & TRADEMARKS: All of the content included on this Website, including the text, graphics, logos, icons, screens, and configurations, is the property of Joan Palmeri or its licensors and is protected by U.S. and international copyright and trademark laws. All software used on this Website is the property of Joan Palmeri or its software suppliers and is also protected by U.S. and international copyright laws. You do not acquire any ownership rights by printing or downloading any information or using this Website. Any use of the content or software on this Website other than for the express services provided, including reproducing, modifying, distributing, transmitting, replicating, or public exhibition, is strictly prohibited.
In consideration for Joan Palmeri allowing you to use its site, you agree to refrain from directly or indirectly publishing commentary regarding Joan Palmeri. If you do prepare commentary for publication about Joan Palmeri, you exclusively assign all Intellectual Property rights, including copyrights, to Joan Palmeri for any written, pictorial, and/or electronic commentary. This agreement shall be operative and effective at the time of creation (prior to publication) of the commentary. In addition, you will not denigrate, defame, disparage, or cast aspersions upon the Joan Palmeri, and you will use all reasonable efforts to prevent any member of their immediate family or acquaintance from engaging in any such activity.
ORDERING INFORMATION and REFUNDS: By placing an order through this Website, you represent and warrant that you are ELIGIBLE TO TEST FOR NCLEX and that all the information you are providing, including your e-mail address, is accurate, current, and complete. Your order is not final until it has been accepted by Joan Palmeri through an e-mail acceptance notice to your e-mail address. It is your sole responsibility (and not the responsibility of Joan Palmeri to pay any applicable taxes that may arise from your order. REFUNDS are given with 24 hours of registration only. All other refund requests must be approved by management and will be considered due to hardship.
III. PRIVACY: All information you provide in accessing and using this Website may be used by Website as described in our Privacy Statement, which is included as a part of this Agreement.
PROHIBITED ACTIVITIES: This Website provides you an opportunity to provide feedback and share your ideas.
- You may not place any content on this Website that, in the sole determination of Joan Palmeri:
- Is fraudulent, false, or misleading
- Is harassing
- Is illegal, abusive, or threatening
- Infringes on the copyrights and trademarks of others
- Is sexually explicit
- Is obscene or pornographic
- Is defamatory or libelous
- Is or may be harmful to minors
- You may not use this Website for any commercial or political advertisements, solicitations, or promotions.
- You may not upload any destructive programs such as viruses and/or self-replicating code or take any other actions to harm this Website.
- You may not send unsolicited e-mail messages, including junk mail and chain letters, to any other user of this Website.
- You may not solicit passwords or other personal information from any other users of this Website.
- Remember that you are attempting to obtain a professional license. In most states, unprofessional conduct, including conduct of the nature of the prohibited activities described herein, can result in licensure discipline up to and including suspension or revocation. You must maintain a professional level of conduct at all times. Joan Palmeri reserves the right to report any unprofessional behavior to state licensing boards.
LINKS: As a convenience, this Website may contain links to other Internet sites that are owned and operated by third parties. By offering you these links, Joan Palmeri is not endorsing any of the other sites and has no responsibility for the content of third party sites. You access linked sites at your own risk.
EXPORT RESTRICTIONS: United States export laws and regulations restrict the exportation and/or re-exportation, through downloading or otherwise, into certain embargoed countries, including Iran, Cuba, Syria, and Crimea. By joining this Website, you are representing that you are not located in any of the prohibited countries.
VII. DISCLAIMERS: THIS WEBSITE IS PROVIDED BY Joan Palmeri ON AN “AS IS” BASIS AND THE — USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. Joan Palmeri MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Joan Palmeri OR ITS EMPLOYEES OR REPRESENTATIVES WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. This Section shall survive any termination of this Agreement.
VII. LIMITATION OF LIABILITY: NEITHER Joan Palmeri NOR ANY OF OUR REPRESENTATIVES, AFFILIATES, LICENSORS, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE — USE OF THE SERVICES OR TRANSACTIONS THROUGH THIS WEBSITE OR THE INABILITY TO GAIN ACCESS TO THIS WEBSITE. YOU AGREE THAT IN NO EVENT SHALL Joan Palmeri OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS, OR AFFILIATES BE LIABLE, AND YOU RELEASE ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY, OR EXPENSE ARISING OUT OF OR RELATED TO THE — USE OF THIS WEBSITE OR THE — USE OF THE SERVICES THROUGH THIS WEBSITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY, OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM Joan Palmeri’s NEGLIGENCE. IN ANY EVENT, WEBSITE’S LIABILITY TO YOU IS LIMITED TO $100.00. This Section shall survive any termination of this Agreement.
VIII. INDEMNIFICATION: You agree to indemnify Joan Palmeri and its officers, directors, owners, independent contractors, employees, agents, and affiliates for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of this Website and any violation of any law, rule, or regulation arising out of such use; (b) any misuse of information, including e-mail addresses and e-mail content arising out of or relating to your use of this Website; and (c) any violation of this Agreement.
APPLICABLE LAW AND JURISDICTION: This Agreement shall be construed and governed by the laws of the State of Florida, United States of America and not by the application of choice of law principles or the laws of any other state or country. You agree that the federal and state courts located in Pinellas County, Florida shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from this Agreement and each of the parties irrevocably submits to the jurisdiction of such courts.
FORCE MAJEURE: Joan Palmeri will not be liable in any amount for failure to perform under this Agreement if such failure is caused by power outages, Internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God, or the occurrence of any other unforeseen contingency beyond the control of Joan Palmeri.
ENTIRE AGREEMENT; NON-SEVERABILITY: This Agreement constitutes the entire agreement between you and Joan Palmeri and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any term, provision, covenant, or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable, or against public policy, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.