Terms: Website
Effective Date: June 24, 2024
Welcome to the Barkley & Associates, Inc. ("NPCourses" "we," "our" or "us") website, which includes Nurse Practitioner continuing education and certification review/clinical update courses ("Services"). Please read carefully the following terms and conditions (this "Agreement") governing your use of any of the Services, whether accessed online at www.npcourses.com or exams.npcourses.com (collectively, the "Site") or on mobile devices using a web browser or an app (each, an "App" and, collectively, the "Apps"), and the content, information or materials we provide as part of the Services (the "Content"). As used in this Agreement, the term "Affiliated Parties" of NPCourses means its officers, directors, members, agents, representatives, contractors, employees, licensors and assignees.
BY CREATING AN ACCOUNT OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE OR PURCHASE ANY OF THE SERVICES OR CONTENT. We may modify this Agreement from time to time. When changes are made we will make the revised version available on the Site, indicating at the top of this page the date that revisions were last made. YOUR USE OF ANY OF THE SERVICES OR CONTENT AFTER SUCH POSTING WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES.
- Privacy Policy. This Agreement incorporates by reference our Privacy Policy, so please review it carefully.
- Your Account. Although you may freely visit the Site, in order to use a Service you must create an NPCourses account, which requires you to provide us with information about yourself, including your full name, email address, telephone number and a password. By doing so, you agree to receive communications from us to the email address you provided. You may opt out of receiving some email correspondence from us, but some account-related communication must and will continue to be sent to your email address.
- Intellectual Property and Ownership. The Services, including without limitation, the Site, the Apps, the Content, their design and layout, and the underlying software, data and algorithms, are the exclusive property of NPCourses or its licensors and are protected by U.S. and international intellectual property rights, including without limitation, copyright, trademark rights and trade secret rights. Any other trademarks, service marks, logos and/or trade names appearing on the Services are the property of their respective owners.
- License to Use. Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-sublicenseable, non-transferable and revocable license to use the Site and relevant App in order to access any of the Services and Content for personal, non-commercial use only. Subject to your compliance with this Agreement and Policies, NPCourses hereby further grants to an instructor associated with an institutional subscription ("Instructor") a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable and non-commercial copyright license to works of Content in the form of exams, quizzes, question sets, and assessments ("Exams"), and for Instructor to distribute the Exams through NPCourses' secure platforms, including its online testing and any other NPCourses platforms available to students ("Student") subject to the terms of your subscription to Services. This limited license is for the purpose of allowing university students to complete exams, tests, and videos on NPCourses' secure online education platform (the "Purpose"). Instructor will obtain all other necessary rights, licenses, and permissions to use the Exams for the Purpose from their institutional subscription. Use of the Content for any purpose other than the Purpose is strictly prohibited. Instructor may not, during or after the Term, license, sublicense, or authorize third parties to use the Content or Exams. Barkley & Associates, Inc. reserves the right to terminate any and all licenses or to change or modify any terms of any and all licenses, at any time in its sole discretion. Except as expressly provided below, this license is valid so long as your account has not been terminated by us or by you, or you are not barred from the Service by applicable law. If this Agreement is not enforceable where you are located, you may not use the Service.
- User Content. The Service may enable you to post or submit content and materials for publication ("User Content"). By posting User Content, you represent to us that you own or have sufficient rights to the User Content, and you grant to us the right to use, reproduce, modify, adapt and publish the User Content for the purpose of offering the Service.
- Restrictions. If you violate any of the following restrictions, we may immediately terminate your NPCourses account, and you may also be subject to civil or criminal penalties. You agree to the following restrictions in your use of any of the Services:
- You may not duplicate, decompile, reverse engineer, publish or redistribute the Services, including the Site or the Apps, or their underlying technology;
- You may not duplicate, publish, publicly display or redistribute the Content;
- You may not use any Service for any purpose other than your personal, non-commercial use;
- You may not use any of the Services for the purpose of creating or maintaining a competitive product or service;
- You may not interfere with the rights of other users to use any of the Services;
- You may not use any of the Services for any unlawful purpose;
- You may not impersonate another person or use another user's account information without permission;
- You may not violate our security features, including without limitation, logging into a server that you are not authorized to access, probing the vulnerability of our systems and networks, or otherwise transmitting to or through any of the Services material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
- You may not post, transmit or otherwise make available through any of the Services any information or other material that: (i) infringes or otherwise violates the rights of any third parties; or (ii) is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contain pornography or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense.
Contact Information:
Barkley & Associates, Inc.
8060 Melrose Ave., Suite 230
Los Angeles, CA 90046
Email: Barkley@NPcourses.com