I understand that by checking the “I Accept” checkbox I acknowledge that I have read and agreed to these Terms and Conditions. If you are less than 18 years of age, you must have a parent or guardian accept on your behalf. Checking the “I Accept” box is a representation from you that you are at least 18 years of age.
Klimek Reviews Terms and Conditions
Effective Date: April 25, 2023
The following terms and conditions (the “Terms and Conditions”) govern your use of Klimek Reviews Courses hosted on Thinkific, Klimek Reviews mobile device application, website located at www.KlimekReviews.com and other websites and mobile applications on which Mark Klimek, LLC d/b/a Klimek Reviews or one of their affiliates (collectively, “we,” “us,” or “our”) posts these Terms and Conditions (collectively “Sites” or the “App”). BY USING THE MOBILE APPLICATION OR THE SITES, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE MOBILE APPLICATION AND SITES.
You should also read our Privacy Policy, which is incorporated by reference into these Terms and Conditions. If you do not accept and agree to be bound by these Terms and Conditions, including our Privacy Policy, do not use the Sites, the App, or the products and services offered on the Sites or the App. By accessing the Sites or the App, you consent to these Terms and Conditions in electronic form. To withdraw this consent, you must cease using the Sites and the App and, if applicable, terminate your account or otherwise notify us in writing that you have withdrawn your consent. Consent cannot be withdrawn retroactively. Users under the age of 18 must (a) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms and Conditions, and (b) not access the Sites or the App and uninstall any application if his or her parent or legal guardian doesn’t agree to these Terms and Conditions.
1. PROPRIETARY RIGHTS. As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Sites and the App, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, and the look and feel, design and organization of the Sites, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Sites and/or the App does not grant to you ownership of any content, software, code, data or materials you may access on the Site or the App.
2. LIMITED LICENSE. You may access and view the content on the Sites or courses through Thinkific or ZOOM or the App on your mobile device, computer or other internet compatible device for your personal, non-commercial use only. You are not permitted to resell or otherwise duplicate any of the content on the Sites or the App or the online course through ZOOM. We grant you a limited, non-assignable, non-transferable, revocable license to use the information on the Sites and/or the App such materials solely to utilize such products or services. Such license will terminate when you no longer use the products or services or if you terminate your acceptance of these Terms and Conditions for any reason. The Sites, the App, and the products and services offered on or through the Sites, including any content and materials on the Sites or the App, are only for your personal, non-commercial use. We reserve the right to change or make corrections to the operation of, or any information available on, the Sites or the App at any time and without prior notice. For our mobile applications, we grant you a nonexclusive, non-transferable, worldwide, and perpetual license to use the mobile application for your personal, non-commercial use only.
3. PRICING AND TERMS: Total cost for In-Person, Online, or On-Demand courses: $400.
NON-REFUNDABLE: all courses and products are non-refundable. We do NOT allow reschedules or changes unless a documentable reason is given. If documentation is given and you are approved, we will charge a rescheduling fee, however, there will be no refunds of any kind. We do not allow reschedules to different locations/instructors. We do not refund any portion of the ticket in ANY amount if cancelled within 2 weeks of the course for ANY reason unless death, or acts of God, this includes the full payment option. Documentation must be shown and approved to warrant a reschedule within 2 weeks; any applicable fee increases are the responsibility of the attendee. Documentation must also be shown for any refunds to be considered, prior to 2 weeks, as to the reason the attendee is no longer able to attend and will only be approved upon consideration of Mark Klimek, LLC and authorized parties.
REGISTRATION: For the In-Person Course, once the registration fee is received, you will be emailed a registration confirmation receipt that will be your ticket (it will contain a QR/Barcode). You must bring your registration confirmation receipt and photo ID (and make sure the name entered with your deposit matches your Photo ID).
GUARANTEES: The courses do not include a guarantee that you’ll pass the exam, and they do not include private tutoring. However, once you have paid in full and attended an In-Person Course, you are able to access the On-Demand Course at a discounted price once. In this situation, DO NOT PURCHASE the On-Demand Course without first contacting our staff at [email protected].
ON-DEMAND COURSE ACCESS: once the fee is received for the On-Demand Course, users have access to the course for a limited time as specified on Thinkific. Students must pay full price for the course if they wish to access the course after the limited time as specified on Thinkific.
4. MOBILE APPLICATION PRICING. The App consists of a series of sample questions to be used to assist users to prepare for exams. The questions provided are derived from NCSBN test plans published on a regular basis, normally every three years. The questions presented on the App are not guaranteed to be accurate and use of the App does not guarantee success on any particular exam. The questions and answers provided on the App are not to be considered medical advice and are not a substitute for proper training in the applicable medical field. Persons or users seeking medical advice for their own medical conditions should not reference the App for such information and should consult a licensed medical professional immediately. Questions and answers in the App are designed to prepare users for the applicable exam and are not guaranteed to be medically accurate or current. We have no obligation to regularly or routinely update the information, questions and answers used in the App. Users of the App will have the right to twelve sample questions at no cost. Users can pay the applicable fee (as disclosed at the time of purchase) to obtain access to the full set of questions which at any given time are approximately 2,500 in number (but no specific number of questions and answers are specifically guaranteed). Users are strictly prohibited from taking screen shots or otherwise using any system or device to otherwise capture screen or App content. Users will not reverse engineer any App technology or code. Violation of any of these Terms and Conditions is grounds to terminate access to the App without a refund and without notice.
5. TRADEMARKS. Trademarks, logos, service marks and trade names (collectively the “Trademarks”) that are ours or Trademarks of any third party displayed on the Site or the App or on content available through the Site may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or the App or on or through the Site’s products and services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or App without our written permission or that of the third-party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
6. SUBMITTED MATERIALS. Any ideas, suggestions, survey responses, or testimonials that you submit to us or information you submit or post to our Sites or the App or comments and reviews you post about the Site or the App (“Submitted Materials”) will be deemed not to be confidential and may be used by us for any purpose. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to display, use, reproduce, incorporate, modify, create derivative works of and distribute such material (in whole or part). We are not responsible for maintaining any Submitted Material that you provide to us and we may delete or destroy any such Submitted Material at any time.
7. CERTAIN OBLIGATIONS AND PROHIBITIONS. Any commercial distribution, publishing or exploitation of the Site or the App, or any content, software, code, data or materials on the Site or the App, is strictly prohibited. Except as expressly permitted by these Terms and Conditions, you may not download, display (other than for your personal viewing), copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Site or the App. If you improperly use the Site, we reserve the right to aggressively enforce our intellectual property and other rights to the fullest extent of the law, including the seeking of criminal prosecution. We will also seek authority of the appropriate court or administrative body to seek recoupment of all of our legal fees and other costs associated with such legal action. We may investigate and/or terminate your account if you misuse the Site or the App or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Site and/or the App and the various products, services and features offered on or through the Site and/or the App, you will not impersonate any person or entity or misrepresent your affiliation with any other person or entity or gain or attempt to gain unauthorized access to other computer systems through the Site or the App. You agree to not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or the App or for any products, services, or features offered on or through the Site or the App, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the App or the products or services offered on or through the Site or the App, including but not limited to any information residing on any server or database connected to the Site or the App or any products or services offered on or through the Site or the App; (ii) use the Site or the App or the products or services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or the App or such products or services, including but not limited to sending mass unsolicited messages or “flooding” servers with requests; or (iii) use the Site or the App or their products or services in violation of any applicable law or the legal rights of any third party. You agree that you will not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the App or their products or services, or any content thereof, or make unauthorized use thereof.
8. COPYRIGHT. If you believe that your work has been copied and posted on the Site or the App in a way that constitutes copyright infringement, please provide the following information in writing to our main address at PO Box 1 Cedarville, Ohio, 45314, ATTN: Copyright Notice: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site or the App (and such description must be reasonably sufficient to enable us to find the alleged infringing material); (iv) your address, telephone number and email address; (v) a written 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.
9. LINKS. You may be able to link from the Site or the App to third party websites and third-party websites may link to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by our affiliates. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
10. INDEMNIFICATION. You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from any content or other material you place on the Site or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
11. PRODUCTS AND SERVICES. You are solely responsible for all computer hardware and other equipment and all fees for services (such as internet service and wireless services) required for access and use of our on-line products and services. To use products and services delivered on or through the Site or the App, you will need to register, pay any applicable fees, and create an account, username and password. You agree to provide accurate information about yourself. If we believe that such information is inaccurate, we reserve the right to suspend or terminate your account and refuse any and all use of our products or services. You are responsible for maintaining the confidentiality of your account information and for all activities and liabilities associated with or occurring under your account. You must notify us immediately of any unauthorized use of your account or username. You may not transfer your account (including your username or password) to another person and you may not use anyone else’s account at any time without the permission of the account holder. In the event that you permit a minor to use your account, we reserve the right to provide access to your account and all information contained therein to such minor’s parents, guardians or other authorized adults, including, but not limited to, authorized school representatives. You may not use any means to circumvent our access, registration, or payment systems. You may not continue to use the Site or the App or any products or services available on the Site or the App after we have terminated or suspended your access to the Site and/or App or the products or services on the Site or App.
12. DISCLAIMER OF WARRANTIES. THE SITE AND THE APP, INCLUDING BUT NOT LIMITED TO ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE ON THE SITE AND/ORTHE APP, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
13. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE, THE APP, OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE AND/OR THE APP, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST INCOME, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE AND/OR THE APP OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE AND/OR THE APP, EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE AND/OR THE APP OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE AND/OR THE APP IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM.
14. APPLICABLE LAWS AND ARBITRATION. We control and operate the Site and the App from our offices in the United States of America. We do not represent that materials on the Site are appropriate for use in other locations. Persons who choose to access the Site or the App from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms and Conditions (including any alleged breach thereof) or the Site will be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against us in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding. The laws of the State of Ohio will govern these Terms and Conditions, as well as any claim that might arise between you and us, without regard to any conflict of law provisions. By using the Site and/or the App, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in the federal or state courts located in Ohio, United States of America. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. These Terms and Conditions, and any dispute between you and us, will be governed by the laws of the State of Ohio without regard to principles of conflicts of law, provided that this arbitration agreement will be governed by the Federal Arbitration Act.
15. TERMINATION. We may terminate, change, suspend or discontinue any aspect of the Site, the App or their products or services at any time. We may restrict, suspend or terminate your access to the Site or the App and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
16. CHANGES TO TERMS OF USE. We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted to the Site. Your continued use of the Site and/or the App and/or the products or services offered on or through the Site and/or the App after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
17. COMMUNICATION. If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. You also may sign up, and therefore agree, to receive SMS or text messages on your mobile device.
18. MISCELLANEOUS. These Terms and Conditions comprise the entire agreement between you and us concerning the subject matter of these Terms and Conditions. Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. We may assign these Terms and Conditions to any person or entity without your consent. You may not assign these Terms and Conditions without our prior written consent. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. Any provisions of these Terms and Conditions which would be expected to survive the termination or expiration of your relationship with us will so survive.