Terms of Use for NCSBN Public Websites

Introduction

Please carefully read these Terms of Use (“Terms”) which apply only to the use of certain websites that are owned and/or operated by or on behalf of the National Council of State Boards of Nursing, Inc. ("NCSBN," “we,” or “us”), including, but not limited to, www.ncsbn.org, www.icrsncsbn.org, www.nursys.com, and subdomains of any of the foregoing (each, a “Site” and collectively, the “Sites”).  When we refer to “you” or “your,” we mean the person accessing a Site. If the person accessing a Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including the business or other organization.

These Terms constitute a contract between you and NCSBN, including contractual restrictions on your rights to use the Sites, restrictions on rights you can enforce against NCSBN, and limitations of NCSBN’s liability. By accessing and/or using any of the Sites, you signify your understanding and agreement to these Terms, including the disclaimers, limitations of liability and termination provisions, and that you will be bound by them. If you do not agree to these Terms, you may not and please do not use any Site.

NCSBN may at any time make modifications, improvements and/or changes to these Terms, the information, names, images, pictures, logos and icons described in a Site, or the products and services referred to within or provided on a Site. Any changes will be incorporated into these Terms and posted to the Sites from time to time, and your continued access and/or use of the Sites following the posting of any changes to these Terms will be deemed your agreement and acceptance of such changes.

The obligations and liabilities you incur prior to the termination date shall survive the termination of these Terms for all purposes.  In the event of any such termination, the restrictions on your use of the material on the Sites shall survive such termination, and you agree to be bound by those terms.  YOU ACKNOWLEDGE AND AGREE THAT NCSBN SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY SITE OR ANY SERVICES OR INFORMATION PROVIDED ON THE SITES OR ACCESSED BY YOU THROUGH THE SITES.

No Liability for Linked Websites

These Terms do not apply to any website owned and/or operated by or on behalf of any third party even if we provide a link to such website on one of our Sites.  A Site may contain links to other websites and resources controlled or offered by third parties (i.e., non-affiliates of NCSBN). NCSBN is not responsible and hereby disclaims liability for the availability, privacy policies, or security of these external websites, the content, advertising, products or other materials made available on or through such websites. Please refer to the terms of use of any such third-party websites for information regarding the terms and conditions of your use of such websites. Under no circumstances shall NCSBN be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with any Site or linked websites. In the event you choose to use the services available at a linked website, you agree to read and adhere to the policies and terms of use applicable to that website.  In addition, any advice, opinions or recommendations provided by the linked website providers are those of the providers and not of NCSBN.  Your participation in, and access to or use of, any linked website, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the linked website provider. 

Your Limited Right to Use Site

As a user of a Site, you have a non-exclusive, non-transferable, limited, revocable license to use the Sites solely for your personal and noncommercial use. You may not use the Sites for any other purpose whatsoever.  Without limiting the previous sentence, you may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the contents of any Site without the prior written consent of NCSBN, which consent may be withheld, conditioned or delayed in its sole discretion. Further, you are prohibited from including links from other websites to the Site without the prior written consent of NCSBN, which consent may be withheld, conditioned or delayed in its sole and absolute discretion.

Any access or attempted access of any areas of NCSBN’s computer systems, third-party systems, or any services for which you are not authorized for any purpose is strictly prohibited.  You agree not to interfere in any way with others’ use of or access to any Site.  NCSBN reserves the right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials or regulators or other appropriate third parties.

As between you and NCSBN, all of the information, content, pages and screens on a Site, whether explicitly marked or not, are owned and controlled by NCSBN or its members, except as otherwise expressly stated, and is protected by U.S. and international copyright and unfair competition laws and treaties.  The copyrighted materials on a Site include, but are not limited to, the text, design, software, images, graphics, video, audio, animation, source code and content on the Site, their related files and their arrangement on the Site.  You are authorized to view the information available on the Site and may download copyrighted materials solely for your personal and noncommercial use.  You acknowledge that you do not acquire any ownership rights by any access, viewing or downloading of copyrighted material.  You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any content, materials, portions, etc. of the Site for any purpose.  

Nothing contained in any Site shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of NCSBN, its members or any third party.  Any use of the information, content, pages, screens on a Site, copyright protected materials or trademarks, service marks, logos, brand names, emblems and protectable trade dress elements (collectively, “Marks”) provided on a Site that does not comport with or violates these Terms shall be an unauthorized use and may subject you to civil and/or  criminal penalties as provided by U.S. and international intellectual property laws and other applicable laws.

NOTICE OF IMMUNITY FROM LIABILITY FOR CONFIDENTIAL DISCLOSURE OF A TRADE SECRET TO THE GOVERNMENT OR IN A COURT FILING:  Notwithstanding anything herein to the contrary, under the Federal Defend Trade Secrets Act of 2016, an individual may not be held criminally or civilly liable under any Federal or state trade secret law for the disclosure of a trade secret that: (A) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.  An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding if the individual files any document containing the trade secret under seal and does not disclose the trade secret except pursuant to court order.  Nothing herein is intended, or should be construed, to affect the immunities created by the Defend Trade Secrets Act of 2016.

Username and Password Confidentiality

Depending on the nature of the Site and the services you take part in, you may be required to register with the Site and/or make credit card payments. As part of the registration process, you must select a username and password. You may not (i) use a username of any another person with the intent to impersonate that person, (ii) use a username subject to the rights of any other person without authorization, or (iii) use a username that NCSBN, in its sole discretion, deems offensive. You are responsible for keeping your username and password confidential and notifying NCSBN immediately of any changes. You are also responsible for notifying NCSBN promptly of any disclosure or unauthorized use of your username or password with respect to the Site and may be liable for any damages that occur prior to such notification, including charges incurred as a result of the unauthorized use of your credit card.

Suspension or Termination of Access or Use

NCSBN may block, suspend, alter or terminate, temporarily or permanently, your access to, or use of, a Site or any portion thereof, for any reason, without cause, including because your access or use compromises or impedes any of the Site’s functionality, pursuant to requests by law enforcement or other governmental agencies, your violation of these Terms, suspected or actual infringement of a third party’s rights or any other reason. You agree that you will not attempt to gain unauthorized access to any computer systems or networks connected to any NCSBN server, infrastructure, computer systems, etc. through hacking, password mining or any other means.  You may not obtain or attempt to obtain any materials or information on a Site through any means not intentionally made available by NCSBN.  When using a Site you agree not to pretend to be someone else or to spoof their identity.

You agree that monetary damages may not provide a sufficient remedy to NCSBN for violations of these Terms and you consent to injunctive or other equitable relief for such violations.  NCSBN may release user information about you if required by law or subpoena, or if release of the information is necessary or appropriate to address an unlawful or harmful activity.  NCSBN is not required to provide any refund or release to you if you are terminated as a user because you have violated any of these Terms.

Certification of Compliance with the Fair Credit Reporting Act

When you submit or post any material via the Site message boards, page commenting or user rating functions (collectively referred to a "Community Features"), you grant NCSBN, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you. See Site Privacy & Security Policies for additional information.

End User License Agreement

If you access or use the courses of the International Center for Regulatory Scholarship located at www.icrsncsbn.org or the information available at www.nursys.com, you must accept and will be bound by the additional terms of an End User Licensing Agreement found at the respective website.

Trademarks

Additional Terms

NCSBN has created social media accounts and community websites (“Social Media”) that are hosted and made available by third parties on their respective platforms, including, but not limited to: facebook.com/NCSBNNCLEX, facebook.com/NCSBNOfficial, facebook.com/nurselicensurecompact, facebook.com/aprncompact, twitter.com/NCSBN, twitter.com/NurseCompact, twitter.com/APRNCompact, twitter.com/NCLEXInfo, instagram.com/ncsbn, instagram.com/nursecompact, instagram.com/NCLEXInfo and instagram.com/aprncompact. We expect all contributors to Social Media to comply with terms of use at the respective platform, including, but not limited to, Facebook, X (formerly Twitter) and Instagram, that are in addition to the Terms. NCSBN reserves the right to delete any comments deemed inappropriate or irrelevant for the Social Media and its readers. NCSBN may remove any post or ban anyone who violates these guidelines or the terms of the respective platform. NCSBN assumes no responsibility for any posts to Social Media or their content, does not warrant the accuracy, completeness or timeliness of any post or comment, and does not routinely monitor or review posts. By posting content to Social Media, you grant NCSBN a non-exclusive, royalty-free, perpetual, unrestricted, and worldwide right and license to use the posted content. Any user who feels that a post or content thereof is objectionable is encouraged to contact NCSBN immediately. We reserve the right to reveal your identity in the event of a complaint or legal action arising from any post to Social Media or the content thereof. Commercial use of any content is strictly prohibited. You may not display any page, wall, etc. from Social Media or the Sites in frames (or any of the content via in-line links) without NCSBN’s prior written consent. The fact that someone has posted information on our page, wall, etc. does not mean that NCSBN has evaluated it or that NCSBN endorses or recommends it. Any study tips and information about other nursing topics posted by NCSBN to Social Media are, to the best of our knowledge, accurate and valid at the time of posting. The information NCSBN provides is for educational purposes only and is provided “as is” with no warranties and confers no rights. The posted information does not constitute, and is not posted for the purpose of providing, medical or nursing practice advice. We encourage you to consult authoritative resources for more detailed information about the information posted. As a service to our readers, NCSBN may include links to other websites, but these links are not an endorsement of those websites and NCSBN is not responsible for the content of any website not operated by NCSBN.

NCSBN prohibits the use of any NCSBN trademarks or logos as a "hot" link to any Site unless the establishment of such a link is approved in writing by NCSBN. You may establish a hypertext link to a Site from your website provided that: 1) the link must be a text-only link clearly marked "NCSBN" or "National Council of State Boards of Nursing"; 2) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with NCSBN's name and service/trademarks; 3) the appearance, position and other aspects of the link may not create the false appearance that you or any other entity is associated with or sponsored by NCSBN; 4) the link, when activated by a user, must display the associated linked NCSBN Site in a full-screen and not within a "frame" on your website; and 5) NCSBN reserves the right to revoke its consent to the link at any time in its sole discretion. THE SITES AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO PRODUCTS AND SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM VIRUSES OR HARMFUL CODE, TITLE OR NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF A SITE IS DONE AT YOUR OWN RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR USE OF ANY SUCH MATERIAL. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL NCSBN, ITS AFFILIATES, CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE (TORT) OR ANY OTHER CAUSE OF ACTION OR THEORY OF RECOVERY WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.  IF THESE LAWS APPLY TO YOU, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IN NO EVENT WILL NCSBN OR ITS MEMBERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITES, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF NCSBN OR ITS MEMBERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY.  YOUR SOLE AND EXCLUSIVE REMEDY AGAINST NCSBN IS TO DISCONTINUE USE OF THE SITES AND ANY HYPERLINKED WEBSITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED ON THE SITES AND ANY HYPERLINKED WEBSITES.  CERTAIN STATE LAWS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

If, notwithstanding the limitations of liability above, NCSBN is found liable for any loss or damage which arises out of or is in any way connected with any of the Sites, information, materials, content, products or services made available on the Sites, or operation of the Sites, then the liability of NCSBN will in no event exceed, in the aggregate, One-Hundred Dollars (US$100.00).

NCSBN has no obligation to update any information or content on any Site.  Accordingly, NCSBN and its members assume no responsibility regarding the accuracy of the information or content provided on any Site.  Any use of the information or content provided on any Site is done at your own risk.

Indemnification

You agree to defend, indemnify, save and hold harmless NCSBN and its members and their respective directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of a Site, including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any services you may have obtained on any of our Sites.

Digital Millennium Copyright Act (“DMCA”)

NCSBN respects the intellectual property of others, and we ask our users and visitors to do the same. In accordance with the DMCA and other applicable law, NCSBN has adopted a policy of terminating the accounts of, in appropriate circumstances and at NCSBN’s sole discretion, users who are deemed to be repeat infringers. NCSBN may also, at its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder is a repeat infringer, please provide information sufficient for us to verify that the account holder is a repeat infringer when filing your notice.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Site’s designated agent (see below).  ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.  NCSBN will process and investigate notices (each, a “Notice”) of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, NCSBN will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NCSBN the following information in your Notice (to be effective, the notification must include ALL of the following):

1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly being infringed

2. a description of the copyrighted work that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the Site;

4. your address, telephone number and e-mail address, and all other information reasonably sufficient to permit NCSBN to contact you;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.

Notices of claimed copyright infringement should be directed to NCSBN’s designated agent via NCSBN’s Submit an Inquiry form

For New Jersey Residents

To the extent any term hereof (or of any end user license agreement that references these Terms or is referenced herein) is subject to the New Jersey Truth-In-Consumer Contract, Warranty And Notice Act (“TCCWNA”) and such term, if enforced as provided herein, is contrary to or violative of any clearly established right you have under state or federal law, such offending term(s) shall be deemed omitted from these Terms (and such end user license agreement), and your agreement to these Terms does not and will not in any way constitute a waiver of your rights under the TCCWNA.

International Use

NCSBN makes no representation that materials, information, content or services on any Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access any Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Miscellaneous

Accessing this Site in locations where the use of such content is illegal is prohibited. Any claim relating to this Site shall be litigated in the federal courts having jurisdiction in the State of Illinois, County of Cook County, and you hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience of reference only and have no legal or contractual effect.

By using any Site, you agree that NCSBN, at its sole discretion, may require you to submit any disputes arising from the use of the applicable Site, or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages (as further limited herein) and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

Disclaimer for NCSBN Social Media Accounts

Some NCSBN social media accounts identified below ("Accounts") are maintained by NCSBN and have specific disclaimers set forth below that are in addition to the Terms of Use above, the NCSBN Privacy Statement and End User Licensing Agreements. 

This Disclaimer applies to these accounts: facebook.com/NCSBNNCLEX, facebook.com/NCSBNOfficial, facebook.com/nurselicensurecompact, facebook.com/aprncompact, twitter.com/NCSBN, twitter.com/NurseCompact, twitter.com/APRNCompact, twitter.com/NCLEXInfo, instagram.com/ncsbn, instagram.com/nursecompact, instagram.com/nclexinfo  and instagram.com/aprncompact.

We expect all contributors to comply with terms of use at Facebook, Twitter and Instagram.

NCSBN reserves the right to delete any comments deemed inappropriate or irrelevant for the Account page and its readers. NCSBN may remove any post or ban anyone who violates these guidelines. NCSBN assumes no responsibility for any posts or their content, does not warrant the accuracy, completeness or timeliness of any post or comment, and does not routinely monitor or review posts.

By posting content, you grant NCSBN a non-exclusive, royalty-free, perpetual, unrestricted, and worldwide right and license to use the posted content. Any user who feels that a post or content thereof is objectionable is encouraged to contact NCSBN immediately.

We reserve the right to reveal your identity in the event of a complaint or legal action arising from any post or the content thereof. Commercial use of any content is strictly prohibited. You may not display this page in frames (or any of the content via in-line links) without NCSBN's consent.

The fact that someone has posted information on our wall does not mean that NCSBN has evaluated it or that NCSBN endorses or recommends it.

Any content posted are, to the best of our knowledge, accurate and valid at the time of posting. The information NCSBN provides is for educational purposes only and is provided "as is" with no warranties and confers no rights. The posted information does not constitute, and is not posted for the purpose of providing, medical or nursing practice advice. We encourage you to consult authoritative resources for more detailed information about the information posted. As a service to our readers, NCSBN may include links to other websites, but these links are not an endorsement of those websites and NCSBN is not responsible for the content of any website not operated by NCSBN.