Terms of Service

AGREEMENT TO OUR LEGAL TERMS

We are NCLEX Pros LLC (“Company,” “we,“ “us,” or “our”). We operate the website https://www.nclexpros.com (the “Site”), together with any other products and services that link to these terms (collectively, the “Services”).

By accessing the Services you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service (“Legal Terms”). If you do not agree, you are prohibited from using the Services.

You may contact us at support@nclexpros.com or NCLEX Pros LLC

The Services are intended for individuals who are at least 18 years of age. By using the Services, you represent that you satisfy this requirement.

1. OUR SERVICES

NCLEX Pros provides online learning tools, practice questions, adaptive exams, analytics, and other resources designed to help nursing candidates prepare for the National Council Licensure Examination (“NCLEX”). Content is created by educators and subject‑matter experts, but it is informational only and not a substitute for formal nursing education, professional judgment, or regulatory guidance.

We do not guarantee passage of the NCLEX or any other examination. Performance analytics are estimations and should not be interpreted as a guarantee of success.

Access to specific features may vary by subscription tier or promotion. We reserve the right to modify or discontinue any part of the Services at any time.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

The Services, including all source code, databases, functionality, software, website design, audio, video, text, photographs, graphics, study questions, and explanatory commentary (collectively, “Content”) as well as the NCLEX Pros name and logos (“Marks”), are owned or licensed by NCLEX Pros and are protected by United States and international copyright, trademark, patent, trade‑secret, and other intellectual‑property laws.

Except as expressly provided in these Legal Terms, no part of the Services or Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

Your License to Use the Services

Conditioned on compliance with these Legal Terms, we grant you a limited, non‑exclusive, non‑transferable, and revocable license to access and use the Services and to download or print a reasonable portion of the Content solely for your personal, non‑commercial study or internal business use.

If you wish to make any use of Content or Marks other than as set out above, please address your request to legal@nclexpros.com. If we grant permission, you will be required to attribute ownership to NCLEX Pros and comply with any additional terms.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

You are at least 18 years of age and legally competent to enter into binding contracts.
All registration information you submit will be true, accurate, current, and complete.
You will maintain the accuracy of such information and promptly update it as necessary.
You have the legal authority to act on behalf of any entity you represent.
You will not access the Services through automated or non‑human means (bots, scripts, or otherwise).
You will not use the Services for any illegal or unauthorized purpose.
Your use of the Services will not violate any applicable law or regulation.

4. PURCHASES AND PAYMENT

We accept major credit and debit cards, PayPal, Apple Pay, and other methods displayed at checkout.

You agree to provide current, complete, and accurate purchase and account information so that we can process your transactions and contact you as needed. Sales tax will be added as required by law.

Subscriptions renew automatically at the end of the billing cycle unless canceled. You may cancel anytime through your dashboard; access will continue until the end of the current cycle and no partial refunds are offered for unused time. One‑time purchases are non‑refundable once content has been accessed.

If a payment is reversed or disputed, we may suspend or terminate your access to the Services until the balance is settled.

5. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make them available. The following activities are strictly prohibited:

Systematically retrieving data or Content to create or compile a database or directory without written permission.
Tricking, defrauding, or misleading us or other users, especially in any attempt to learn sensitive account information.
Circumventing, disabling, or otherwise interfering with security‑related features of the Services.
Using the Services to advertise or offer to sell goods or services without authorization.
Reverse‑engineering, deciphering, decompiling, or disassembling any software comprising the Services.
Uploading or transmitting viruses, Trojan horses, or other harmful material.
Harassing, abusing, or harming another person using any information obtained from the Services.
Using the Services in a manner inconsistent with any applicable laws or regulations.

6. USER‑GENERATED CONTRIBUTIONS

The Services may offer you opportunities to create, post, display, transmit, perform, publish, distribute, or broadcast content and materials (“Contributions”). Contributions may be viewable by other users and through third‑party websites. Any Contributions you transmit are non‑confidential and non‑proprietary.

By submitting Contributions, you represent and warrant that:

You own or have the necessary licenses, rights, and permissions to use and to authorize us to use your Contributions as contemplated by the Services and these Legal Terms.
Your Contributions do not violate any third‑party privacy or intellectual‑property rights.
You have the written consent of every identifiable individual in your Contributions to use their name or likeness, if applicable.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions do not contain unsolicited or unauthorized advertising.
Your Contributions do not contain anything obscene, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable.

7. CONTRIBUTION LICENSE

By posting Contributions, you grant us a worldwide, royalty‑free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Contributions for any purpose, including commercial purposes, in any media or distribution method now known or later developed. You retain full ownership of your Contributions and any intellectual‑property rights or other proprietary rights associated with them.

We have no obligation to monitor Contributions, but we reserve the right to remove or edit them at any time without notice for any reason.

8. THIRD‑PARTY WEBSITES AND CONTENT

The Services may contain links to third‑party websites (“Third‑Party Sites”) and third‑party content (“Third‑Party Content”) that we do not control, maintain, or endorse. We are not responsible for Third‑Party Sites or Third‑Party Content and provide them only as a convenience. Your use of Third‑Party Sites is at your own risk and subject to their respective terms and policies.

9. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (i) monitor the Services for violations of these Legal Terms; (ii) take appropriate legal action against anyone who violates applicable law or these Legal Terms; (iii) refuse, restrict access to, limit the availability of, or disable any of your Contributions; (iv) remove or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (v) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

10. PRIVACY POLICY

We value data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Note that the Services are hosted in the United States. If you access the Services from any other region with laws governing personal‑data collection, use, or disclosure that differ from US laws, then through your continued use of the Services you transfer your data to the United States and consent to that transfer.

11. TERM AND TERMINATION

These Legal Terms remain in full force while you use the Services. Without limiting any other provision, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason, including breach of any representation, warranty, or covenant contained in these Legal Terms or any applicable law or regulation. We may terminate your use or participation without warning at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

12. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

13. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict‑of‑law principles.

14. DISPUTE RESOLUTION

Informal Negotiation

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (“Dispute”), the parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 daysbefore initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Binding Arbitration

If the parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer‑Related Disputes. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Restrictions

The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class‑action basis or to utilize class‑action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of our intellectual‑property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

15. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

16. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS‑IS” AND “AS‑AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND/OR (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY.

17. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR (ii) $100 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

18. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) your Contributions; (ii) use of the Services; (iii) breach of these Legal Terms; (iv) any breach of your representations and warranties set forth in these Legal Terms; or (v) your violation of the rights of a third party, including but not limited to intellectual‑property rights.

19. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

21. CALIFORNIA USERS AND RESIDENTS

If you are a California resident, under California Civil Code Section 1789.3 you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952‑5210 in order to resolve a complaint or to receive further information regarding use of the Services.

22. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

23. CONTACT US

If you have questions or comments about these Legal Terms, please email us at support@nclexpros.com.

NCLEX Pros LLC