Terms of service
OVERVIEW
This website is operated by Nclex High Yield. Throughout the site, the terms “we”, “us” and “our” refer to Nclex High Yield. Nclex High Yield offers this website, including all information, tools and services available from this
NCLEX High Yield is not affiliated with any university/school, nor do we represent them in any capacity. We only provide an exam prep service. We do not provide certifications or verifications of schooling.
site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Nclex High Yield, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Nclex High Yield and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 -Use of Materials / License and Access
Your access to and use of our NCLEX prep materials, including on-demand videos, is subject to the following conditions:
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License Grant:
You are granted a non-transferable, non-exclusive license to access our materials solely for your personal use in preparation for the NCLEX exam. -
Prohibited Activities:
Any unauthorized sharing, distributing, or pirating of our content, including sharing your login credentials with others, is strictly prohibited. -
Consequences of Unauthorized Use:
If any unauthorized use, pirating, or sharing of login credentials is detected, we reserve the right to immediately discontinue all access to our on-demand videos and other resources until you pass the NCLEX exam. Additionally, we may pursue further actions as deemed appropriate, including but not limited to legal action. -
Acknowledgment and Agreement:
By using our services, you agree to abide by these terms and understand that violation may result in the termination of your access.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at nclexhighyield@gmail.com.
DEFINITIONS
”We,” “Us,” and/or “Ours” means and refers to NCLEX High Yield and https://NCLEXHighYield.com (“Website”), a Website wholly owned and operated by NCLEX High Yield, LLC, a Nevada Corporation. “You,” “Your,” “Yours,” and “You/Your Student” means and refers to You and/or any other person or entity engaging in services with Our Website. NCLEX High Yield, LLC is not affiliated with the NCLEX, it is strictly for preparation services only.
SECTION 22 – PROGRAM REUSE POLICY
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LPN to RN Transition Fee:
If you successfully pass the NCLEX-PN (LPN exam) using our program and wish to use our resources again to prepare for the NCLEX-RN (RN exam), you must pay a discounted reuse fee. The discounted fee will be determined at the time of purchase. Access to RN-specific content will only be provided once the additional fee is paid. -
No Guarantee of Free Access:
Re-enrollment in the program for subsequent licensure exams is not included in the initial purchase price and must be purchased separately.
SECTION 23 – CHARGEBACK AND DISPUTE POLICY
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Immediate Legal Action for Chargebacks:
The minute you gain access to our program, including any lectures, videos, notes, or course content, you are deemed to have consumed the service. Any chargebacks or disputes initiated after access has been granted will be considered fraudulent activity. NCLEX High Yield reserves the right to pursue legal action to recover costs, including but not limited to attorney fees, court costs, and the disputed amount. -
Agreement to Terms at Purchase:
By purchasing access to our program, you acknowledge and agree to these terms, including our strict no-chargeback policy. -
Contact Before Dispute:
Customers must contact NCLEX High Yield at nclexhighyield@gmail.com to resolve any issues before initiating a chargeback or dispute. Failure to do so will result in account termination and possible legal action.
SECTION 24 – NON-REFUNDABLE CONTENT ACCESS
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Non-Refundable Upon Access:
Once access to any part of our course content is provided (including but not limited to online lectures, practice questions, case studies, and downloadable materials), no refunds or chargebacks will be permitted, regardless of usage. -
Digital Services Agreement:
By purchasing our program, you agree to waive any right to a refund for digital services and content once access is granted.
SECTION 25 – COPYRIGHT ENFORCEMENT
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All course materials, including but not limited to videos, lecture notes, and tutoring tools, are protected by copyright laws. Unauthorized reproduction or distribution is strictly prohibited.
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Users found sharing materials without explicit permission may face immediate account termination and legal action.
SECTION 26 – MISUSE OF SERVICES
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Unauthorized Sharing:
Sharing login credentials, course access, or program materials with anyone is strictly prohibited. Violations will result in immediate account suspension without refund, and legal action may be taken. -
Monitoring for Abuse:
NCLEX High Yield reserves the right to monitor accounts for unauthorized access or misuse and take appropriate action, including legal recourse.
SECTION 27 – NON-DISPARAGEMENT CLAUSE
- Users agree not to make defamatory, disparaging, or false statements about NCLEX High Yield, its staff, or its services in any public or private forum.
- Violations of this clause may result in account suspension without refund and/or legal action.
ENROLLMENT AGREEMENT (Terms and Conditions)
Please refer here if You/Your Student is enrolled in an NCLEX Prep Course with NCLEX High Yield herein referred to as NHY. For tutoring and admissions consulting orders, please refer to the applicable agreement below.
1. Children. In compliance with the Children’s Online Privacy Protection Act, NCLEX High Yield does not permit children under 18 years of age to become users without their parent or guardian’s express consent and approval. By using Our Website and enrolling in any of Our courses, You represent You are not under 13 years of age.
2. One Person Per Account. You agree that only one person will use each account that You purchase from NCLEX High Yield. NCLEX High Yield may restrict access to Your account with no refund provided if We believe the account is being used by more than one person. In such a case, if in fact only one person was using the account, NCLEX High Yield will restore that account.
3. Course Access. You/Your Student will have access to your NCLEX High Yield Course from the beginning of the first lesson/class (“course start”) date until 45 days after the start date of the course. You will attend the live course you sign up for, and will have access to the on demand course for 45 days after the start date (unless notified otherwise) (one license only).
Additional access may be permitted for the NCLEX High Yield Course at NCLEX High Yield’s discretion upon written request to
contact@NCLEXHighYield.com.
4. Late Arrival. No adjustment shall be made for time lost because of late arrival by You/Your Student. NCLEX High Yield will compensate for the late arrival of an instructor by extending a class (“lesson”) for the time forfeited.
5. Rescheduling. Occasionally, due to various circumstances, We may change a course schedule, location, or instructor. While this is unlikely, We will do our best to accommodate you if you wish to move into a different course, including waiving any applicable transfer fees.
6. Cancellation. Occasionally, due to various circumstances, We may cancel a course entirely. If We cancel a course in which You/Your Student are registered and are unable to reschedule You/Your Student into another course that is acceptable to You/Your Student, we will refund all tuition You/Your Student have paid, and We will have no further liability to You/Your Student regarding the canceled course.
7. Withdrawals. In some cases, you may be able to withdraw from a NCLEX High Yield course. If You/Your Student wish to withdraw from the course in which you are currently enrolled, then you must submit your request either by emailing contact@NCLEXHighYield.com and speaking to a Customer Service Representative. Only the Payee may request a withdrawal. If You/Your Student choose to withdraw Your enrollment in an online NCLEX High Yield Course, you may do so within seventy-two (72) hours of purchase for a full refund. No refunds will be given more than seventy-two (72) hours after purchase or after the course starts or after the introductory email is sent. There will be no refunds after the introductory email is sent, even if it has been less than 72 hours. No refunds will be given for cancellations after the use of NCLEX High Yield Course.
8. Transfers. In some cases, you may be able to transfer from a NCLEX High Yield course. If You/Your Student wish to transfer from the course in which you are currently enrolled, then you must submit your request either by emailing contact@nclexhighyield.com and speaking to a Customer Service Representative.
9. Code of Conduct. Students shall not engage in disruptive behavior, which includes but is not limited to: harassment of any kind, hate speech, or discriminatory behavior during any NCLEX High Yield course. This also includes but is not limited to defamatory statements against NCLEX High Yield, its parent company, NCLEX High Yield, LLC., and NCLEX High Yield employees or contractors. In the event an instructor believes a student is engaging in disruptive behavior, the instructor may ask the student to leave the session immediately. If the student refuses to leave, their NCLEX High Yield account will be suspended indefinitely and no refunds, prorated or otherwise, will be given. If Your Student leaves by logging out of their live online virtual classroom, tutoring session or college admissions consultation, a NCLEX High Yield representative will follow-up with You/Your
Student to convey expectations regarding future behavior before the next session. If Your Student has any future incidents, their account will be suspended indefinitely and no refunds, prorated or otherwise, will be given. NCLEX High Yield reserves the right to indefinitely suspend and/or remove Your Student from any course for disruptive behavior, and in doing so, no refunds, prorated or otherwise, will be given.
10. Recordings. All NCLEX High Yield class sessions, tutoring sessions and instruction sessions of any kind are recorded for quality assurance and administrative purposes. By visiting, logging into, or participating in any class, tutoring session or instruction session of any kind, you consent to the recording of your presence, participation, and any video or audio feeds you enable in that session.
11. Copyright. You understand that all NCLEX High Yield course materials and methods are the exclusive property of NCLEX High Yield, LLC, and You agree not to copy, disclose, reproduce, sell, or otherwise distribute any information, materials, or methods obtained from Us.
PRIVATE TUTORING AGREEMENT (TERMS AND CONDITIONS)
Please refer here if You/Your Student is enrolled in a NCLEX High Yield tutoring package.
1. Children. In compliance with the Children’s Online Privacy Protection Act, NCLEX High Yield does not permit children under 18 years of age to become users without their parent or guardian’s express consent and approval. By using our Site and receiving tutoring services from Us, you represent you are not under 18 years of age.
2. Scheduling. You and Your assigned tutor will agree upon a mutually convenient means of scheduling sessions — for example, by email or text message. When You and Your tutor agree on a time for an individual session or for a recurring session, that session’s scheduling will be considered to be active. Students and tutors should communicate directly with each other to change the time of any scheduled session. A time change for recurring sessions is only considered confirmed if it is agreed upon by both parties prior to the start time of the session. If it is not agreed upon by both parties, the session would still begin at the originally scheduled time, and the party seeking the time change will still be subject to any penalties that would occur for missing the originally scheduled session. Once scheduled, the tutoring agenda may be set/changed based on the relationship between the student and tutor and what is requested for optimal results.
3. Student Rescheduling. In the event You cancel a session, You must provide NCLEX High Yield and Your tutor with notice of cancellation no less than twenty-four (24) hours before the scheduled session. If You fail to provide both the company and the tutor at least twenty-four (24) hours notice of cancellation, Your time will be reduced as if the session had occurred as scheduled. To provide notice of cancellation, please email/text Your tutor and NCLEX High Yield at contact@NCLEXHighYield.com; this message must have “CANCELLATION” as its subject and must list the soon-to-be-missed session date/time, Your name, and the tutor’s name. Tutors may be able to accommodate session changes on shorter than twenty-four (24) hours notice; however, tutors are not responsible for making such sessions. There is also no guarantee that any session will be rescheduled to meet a test deadline, regardless of whether or not You make Your request twenty-four (24) hours in advance.
4. Tutor Rescheduling. In the event Your tutor must cancel a scheduled session, he/she will provide You with notice of cancellation no less than twenty-four
(24) hours before the scheduled session. If Your tutor fails to provide this notice, You will have an amount of time equal to half of the scheduled session’s length added to Your remaining available tutoring time total.
5. Late Arrival. No adjustment shall be made for time lost because of late arrival by You/Your Student. Tutors will compensate for late arrival by extending a tutoring session for the time forfeited.
6. Tutor Changes. Occasionally, due to various circumstances, We may replace a tutor to whom You have selected with another. We will not refund the amount You have paid should we replace Your tutor within a reasonable amount of time: two (2) weeks. If We are unable to assign You/Your Student another tutor within a two (2) week period, We will refund all the tuition You have paid, and We will have no further liability to You regarding the cancelled tutoring package.
7. Withdrawals. If you choose to withdraw Your/Your Student’s enrollment in a tutoring session seven (7) days or more before the first scheduled session of your program, NCLEX High Yield will refund all the tuition you have paid less a scheduling fee of $49. No refunds will be given for withdrawals after the first scheduled tutoring session. To request a withdrawal or cancellation refund, please email us at contact@NCLEXHighYield.com. Please be advised that refunds for withdrawals typically take four (4) weeks to process.
8. Recordings. All NCLEX High Yield class sessions, tutoring sessions and instruction sessions of any kind are recorded for quality assurance and administrative purposes. By visiting, logging into, or participating in any class, tutoring session or instruction session of any kind, you consent to the recording of your presence, participation, and any video or audio feeds you enable in that session.
9. Additional Hours. You/Your Student can purchase additional private tutoring hours on the website. Additional hours are considered a separate purchase and can not be combined with the initial package to receive a reduced per hour rate. We cannot guarantee that your original tutor will be available for the additional hours. If they are unavailable to tutor You/Your Student for the additional hours, then NCLEX High Yield will assign You/Your Student a new tutor.
10. Refunds & Guarantees. Due to the nature of focused subject tutoring, NCLEX High Yield does not offer refund requests of any kind for tutoring packages and course packages nor does NCLEX High Yield offer any GUARANTEES regarding passing.
11. Copyright. You understand that all NCLEX High Yield tutoring materials and methods are the exclusive property of NCLEX High Yield, LLC and You agree not to copy, disclose, reproduce, sell, or otherwise distribute any information, materials, or methods obtained from Us. Any violation will result in legal action.
Terms and Conditions for Re-Enrollment or Course Extension
1. Eligibility for Re-Enrollment or Extension:
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Re-enrollment or extension requests are available to students who have previously enrolled in the course for a fee. Prices are located on the website or may be obtained by emailing NHY.
2. Fees:
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A re-enrollment fee of $349.99 will be charged for students wishing to retake the live course.
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An extension fee of 7 days $35, 14 days $65, 45 days $119 will be charged for students requesting an extension.
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All fees are non-refundable and must be paid in full at the time of renewal via the link provided.
3. Course Access:
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Re-enrolled students will have access to all course materials, including updates made after their original enrollment.
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Students granted an extension will retain access to their current course materials for the duration of the extension.
4. Academic Integrity:
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All students are expected to adhere to the academic integrity policies outlined in the “Intro Packet.”
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Any violations of these policies may result in the denial of re-enrollment or extension requests along with legal action as deemed necessary.
5. Refund Policy:
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Fees paid for re-enrollment or extensions are non-refundable.
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No refunds will be issued once the application for re-enrollment or extension has been approved and processed.
6. Termination of Extension:
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The administration reserves the right to terminate a course extension if the student fails to comply with course requirements or terms and conditions.
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In such cases, no refunds will be issued.
7. Amendments:
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These terms and conditions are subject to change at the discretion of the administration.
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Any changes will be communicated to the students via email or the course portal.
By applying for re-enrollment or an extension, you acknowledge that you have read, understood, and agree to abide by these terms and conditions.
Contact Information: For any questions or concerns regarding re-enrollment or course extensions, please contact Contact@NCLEXHighYield.com.
PAYMENT
You must pay the full tuition upon enrollment in You/Your Student’s service. If you have not paid the full tuition at this point, you authorize Us to charge the remaining balance to your credit card. All NCLEX High Yield services require an upfront payment. For information about paying over time for your NCLEX High Yield course or tutoring package, please view our available payment options.
IMAGE CONSENT
If You/Your Student have submitted a photo or video in response to a promotional survey, NCLEX High Yield has Your permission to use Your image (photographic or video) publicly to promote their company, products and services thereof. You understand that the images may be used in print publications, online publications, presentations, websites, advertising, and social media. You understand that no royalty, fee, or other compensation shall be payable to You by reason of such use, unless explicitly stated and agreed to by both parties in writing. Both parties agree to the terms here as stated unless explicitly revised and agreed to by both parties in writing.
NOTIFICATION OF CHANGES
We reserve the right to change these Terms from time to time as We see fit and Your continued use of the site will signify Your acceptance of any adjustment to these Terms. You agree to be bound by such modifications, revisions, or updates. You are therefore advised to re-read this statement on a regular basis.
WHOLE AGREEMENT
This agreement constitutes the entire understanding between you and NCLEX High Yield with regard to the subject matter thereof and both parties waive the right to rely on any alleged, expressed, or implied provision not contained herein
These Terms of Service form part of the Agreement between You and Us. Your accessing of this Website and/or purchasing services from Us indicates Your understanding, agreement to and acceptance of the full Terms of Use, Privacy Policy, and Terms of Service contained herein. NCLEX® is a trademark registered and/or owned by the National Council of State Boards of Nursing, Inc., which was not involved in the production of, and does not endorse, this product.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Nclex High Yield (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Email us at CONTACT@NCLEXHIGHYIELD.COM. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Westminster, Maryland before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Nclex High Yield’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.