TERMS AND CONDITIONS: If you purchase or enroll in a Program for use by another (for example, a parent purchasing for a child) these Terms govern both you and other(s) who use any Program you purchase (collectively, “You”). You agree to be bound by the Terms, which is an agreement between Danvers Nursing Institute and you.
Payment Terms, Refunds, and Upgrade and Downgrade Terms
- The fees for your membership or services are billed in advance, are non-refundable, and renewed automatically on a monthly or annual basis, as specified in your membership or service plan.
- No refunds or credits will be provided for months partial or unused with an open account.
- If you downgrade or change your membership plan, your credit card will automatically be charged the new rate beginning with your next billing cycle. Downgrading your membership or services may cause the loss of account content features or capacity. Danvers Nursing Institute does not accept any liability for loss of content due to changes made by the candidates.
- If you upgrade your membership / services, your credit card will immediately be charged a prorated amount reflecting the increased rate, and you will be charged the full amount of the new rate beginning with your next billing cycle.
- Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
- For services such as tutoring, reviews, boot camps, and consultations, candidates should cancel 48 hours prior to the event / meeting in order to receive 100% refund. If candidate cancels after the 48 hours, no refund will be awarded.
- You agree to make full payment for programs in the amount(s) listed in your shopping cart, and in the order Confirmation email you will receive during registration. Standard shipping and handling charges apply. Rates may be higher if you enroll within seven days of your intended Program start date, or if we are shipping outside the United States. You must complete payment prior to commencing the program / services.
- Purchases may be subject to taxes in many states. Tax rates are different from state to state. You are responsible for paying all such taxes.
- The only valid method for canceling your membership is via the cancellation link provided on the “Your Account” page, which is accessible after logging into Danvers Nursing Institute. Requests to cancel by e-mail or phone are not considered valid and will not be accepted as cancellation of your Account.
- For services such as tutoring, reviews, boot camps, and consultations candidates should cancel 48 hours prior to the event / meeting. This cancellation should be done via email only. DO NOT CALL for cancellation.
All programs, including sites and Apps, are owned by Danvers Nursing Institute and its licensors. When you buy an item, you acquire the right to use that item; you’re not actually acquiring the item itself. Programs are for your educational use only. You may not enroll in or use any Program for the benefit of any competitor of Danvers Nursing Institute. Programs may not be shared, re-sold, reproduced, re-published, modified, transferred, or distributed in any way without Danvers Nursing Institute’s prior written permission. All books, video, audio, text, questions, explanations, diagrams, images, animations, and other contents that you receive or to which you have access during your Program, regardless of medium or format, (collectively, “Program Content”), are protected by copyright law and belong to Danvers Nursing Institute and its licensors. You may not download, record, screenshot, copy or reproduce program content in any way. You may not make any audio and/or video recording of a class or any part of your Program. You may not attempt to decompile, reverse engineer, scrape or data mine programs. The trademarks, service marks, designs, and logos displayed in programs are the registered and unregistered trademarks of Danvers Nursing Institute, Danvers Nursing Institute’s licensors and Third-Party Sellers, and may not be used without Danvers Nursing Institute’s prior written permission. Third Party Products are owned by such Third Parties and their respective licensors. Programs may include digital access to Program Content. Subject to your compliance with these terms and conditions, Danvers Nursing Institute grants you a limited, personal, non-exclusive, revocable, and non-transferable license to access Program Content during the access period of your Program. Access periods may be viewed from the account management page of your Danvers Nursing Institute online account.
Links to Third Party Sites.
The Program may provide links from the Site to third-party websites and third party web sites may link to the Site (“Linked Sites”). If You use these links, you will leave the Site. Danvers Nursing Institute provides these links to you as a convenience to deliver services and Program Content. Danvers Nursing Institute does not make any representations or take responsibility for such third-party sites, including, without limitation, the accuracy or quality of their content, services, data collected, advertising, and activities conducted on or through such third-party sites. If You decide to access any of the third-party websites linked to from the site, you must follow the privacy policies and terms and conditions for those third-party websites. YOU AGREE THAT Danvers Nursing Institute WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY, OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
If you submit comments, photos and other content to us (“User Content”) through Site(s), social media communities, survey responses, email or otherwise, you grant us an irrevocable, royalty-free, perpetual, transferable, license to use, modify, create derivative works from, publish, display and sublicense user content, in whole or in part, in any format and on any platform either now known or hereinafter invented, and to associate User content with your name and/or likeness. You are solely responsible for your user content. You represent that you have the right to submit User Content to us and the right to grant us the license described above. You warrant that user Content, and our use thereof, does not and will not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.
If you are a copyright owner or agent thereof and believe that content on the Site(s) infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 (c) (3)) to our Copyright Agent with the following information: (I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (II) a description of the copyrighted work that you claim has been infringed; (III) the URL of the location containing the material that you claim is infringing; (IV) your address, telephone number, and email address; (V) 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 (VI) 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 authorized to act on the copyright owner’s behalf.
Passwords: When you set up a Danvers Nursing Institute account, you must choose a password. You are solely responsible for maintaining the confidentiality of your password and for any and all use of your account. You agree not to disclose your password to any third party. Danvers Nursing Institute has the right to terminate your account for any reason at our sole discretion without notice to You.
Mobile Devices: Programs may offer Content and features that are available via a mobile device. Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
Program Schedule and Location Changes: Schedules and locations of programs are subject to change and/or cancellation. Danvers Nursing Institute will notify you of any changes or cancellations. If an alternative Danvers Nursing Institute Program does not meet your needs, Danvers Nursing Institute will provide a full refund.
Program Changes: Danvers Nursing Institute frequently updates, revise and modifies Programs, including Program Content, features, and services (“Program Changes”). Danvers Nursing Institute reserves the right to make changes to Program Changes at any time, subject to such changes not materially degrading the Program.
Tutoring Policies: If you purchase a tutoring or consultation program, you and your tutor / consultant(s) will plan a schedule that is mutually convenient. If you have purchased tutoring and a local Danvers Nursing Institute tutor is unavailable or a mutually convenient schedule cannot be reached, Danvers Nursing Institute will provide a refund of unused tutoring hours. If you need to cancel or postpone a lesson, you must directly notify your tutor at least 48 hours in advance. Failure to do so will result in a deduction of the hours from your tutoring package or payment of a $100 rescheduling fee, at Danvers Nursing Institute’s discretion.
Technical Requirements: You will be responsible for meeting and maintaining the minimum technical requirements for your selected purchase, in order to access certain features of your program. Access to programs may require internet access, for which Danvers Nursing Institute is not responsible. Access to digital publications may require setting up an account on a third-party site.
Student Code of Conduct: Danvers Nursing Institute may remove from programs candidates deems in its discretion to be disruptive to the learning environment, dangerous to other candidates or faculty, have failed to comply with organization’s health and safety policies, repeatedly violate policies such as online etiquette, have acted in a manner that shows lack of dignity and respect for faculty and/or students, have violated any intellectual property rights of Danvers Nursing Institute or others. Candidate(s) removed from Programs for violations of the Code of Conduct are not eligible for refunds or eligible to purchase other Programs.
Online Classroom Etiquette: You must follow proper classroom behavior when participating in the Program and engaging with fellow students and faculty online or in-person, as applicable:
- Do Not Record. You cannot take photos or videos of others, or the presentation, without permission. You cannot share or post pictures or videos of others without their knowledge or permission.
- Be Professional. You are responsible for your screen name, computer screen and background displayed to others. You may not display any offensive or inappropriate material on your person or your screen
- Be Respectful and Kind. Ask appropriate questions and be willing to listen to fellow students and engage in the learning process. Do not dominate other students’ opportunity to learn by asking too many questions. When asking questions and making comments, keep them related to the discussion at hand. Do not abuse the chat box.
- Be Prepared to Learn. Arrive to class on time and come to class prepared. Refrain from checking any other websites (social media, gaming, etc.) or messages during tutoring / consultation sessions.
- Eliminate Distractions. Mute yourself until you are called on to speak. Turn mobile on vibrate or silent. Choose a location that will not cause distraction for you or others who will view your screen or hear your background noise during class.
International Students: If you study in the U.S. on an international student visa you are responsible for complying with all of the terms of that visa, including timely departure from the U.S.
Disclaimer and Limitation of Liability: PROGRAMS ARE PROVIDED “AS IS” AND Danvers Nursing Institute DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. IN NO EVENT SHALL Danvers Nursing Institute BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, EVEN IF Danvers Nursing Institute HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Danvers Nursing Institute’s TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU FOR YOUR PROGRAM.
Arbitration and Class/Collective Action Waiver:
Any and all disputes arising from or related to this agreement, including whether the dispute is arbitrable and the scope of this arbitration agreement, shall be finally resolved by arbitration administered by a single arbitrator under the then-applicable rules of the American Arbitration Association (as modified herein) in accordance with the Federal Arbitration Act. The arbitration shall be governed by and construed by federal law to the fullest extent possible. Unless otherwise agreed by the parties, the arbitration shall take place in the largest U.S. city within 100 miles of your permanent residence. If You reside outside the United States, then the arbitration shall take place in accordance with the American Arbitration Association Consumer Rules and Protocol. Judgment on the arbitral award may be entered in any court having jurisdiction thereof.
To the maximum extent permitted by law, should you wish to initiate a legal action against Danvers Nursing Institute in arbitration, you waive any right or ability to be a class or collective action representative, or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which Danvers Nursing Institute or a related entity is a party. The same applies to Danvers Nursing Institute’s legal actions against you. Thus, you and Danvers Nursing Institute agree that each may bring claims in arbitration against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class. Further, unless both you and Danvers Nursing Institute agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over a representative or class proceeding.
Export Compliance: Software and services related to or made available by the program may be subject to United States, UK, EU, and other sanctions regulations and export controls. Thus, no software or services from the program may be used, downloaded by, exported, or re-exported to: (a) a person located, organized, or ordinarily resident in Cuba, North Korea, Iran, Syria, Crimea, or any other country that is the subject of comprehensive sanctions imposed by the U.S., UK, EU, or other government or governing body; (b) any person listed on any U.S., UK, EU, or other sanctions- or export controls-related list of prohibited or restricted parties, including but not limited to the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Nationals, the U.S. Commerce Department’s Denied Persons List or Entity List, the UK sanctions list, or the EU consolidated list of persons, groups, and entities subject to EU financial sanctions; (c) to any entity 50% or more owned, directly or indirectly, or controlled by any such person(s) described in (a) or (b); or (d) to any person otherwise blocked by or the subject of sanctions imposed by the U.S., UK, EU, or other government or governing body. The persons defined in (a)-(d) shall be collectively referred to as Excluded Persons.
Certification and Release
Program sessions may be delivered through communications technologies including but not limited to Zoom, gotomeeting, AdobeConnect, Brightcove, WebEx, E360 where recording may be enabled by the instructors or coaches and used as for monetary profit. You will receive a notification (visual or otherwise) when recording is enabled in a class, tutoring or coaching session. Prerecorded lessons are taken from recorded lecture and may have poor audio quality. By purchasing the program(s), you certify that Danvers Nursing Institute and any third party technology vendor used to deliver the instruction, has consent to record any participation you choose to engage in during the sessions (i.e. chats, shared screen time initiated by you). The program recordings may be made available to other Danvers Nursing Institute students for instruction, may be used internally for quality assurance and training to improve the programs, or for other internal purposes. Candidates may or may not incur a cost for a copy of the recorded sessions.
These Terms supersede all prior oral or written agreements and constitutes the entire agreement between the parties. Terms cannot be changed or modified orally. If any provision of Terms is found to be unenforceable for any reason, such provision shall be construed by limiting it to make it enforceable to the maximum extent permitted by law, and the remainder of terms shall continue in full force and effect.
- You agree to make full payment for programs in the amount(s) listed in your shopping cart, and the Order Confirmation email You will receive during registration. Standard shipping and handling charges apply. Rates may be higher if you enroll within seven days of your intended Program start date or if we are shipping outside the United States. You must complete payment prior to commencing to program / services
- Purchases may be subject to taxes in many states. Tax rates are different from state to state. You are responsible for paying all such taxes.
- The only valid method for canceling your membership is via the cancellation link provided on the “Your Account” page. Accessible after logging into Danvers Nursing Institute. Requests to cancel by e-mail or phone are not considered, and not accomplish cancellation.
- For services such as tutoring, reviews, boot camps, and consultations, candidates should cancel 48 hours prior to the event / meeting. This cancellation should be done via email only. DO NOT CALL for cancellation.