Online CLNC^® Certification Examination Terms of Service

Click ACCEPT to accept these terms and go to the CLNC Certification Examination Application.

Congratulations on completing the CLNC^® Certification Program. You are now ready to apply for the Online CLNC^® Certification Examination administered by LegalNurse.com (“Institute”) on behalf of the National Alliance of Certified Legal Nurse Consultants (“NACLNC^®”). Please read these Online CLNC^® Certification Examination Terms of Service (“Terms of Service”) carefully before you apply for, register and/or access the Online CLNC^® Certification Examination.

Use of the term “you” or “your” herein refers to you, the user or applicant of the Online CLNC^® Certification Examination. These Terms of Service are entered into between you and the Institute. They set out the terms and conditions governing your access to, and use of, the Online CLNC^® Certification Examination.

1. Acceptance of the Terms of Service
   1. By applying and registering for the Online CLNC^® Certification Examination, or by accessing, beginning and/or completing the Online CLNC^® Certification Examination you consent to be bound by these Terms of Service.
   2. You understand and agree that you will access and take the Online CLNC^® Certification Examination:
      

      (1) Without the assistance of any individual(s).
      (2) Without the use of any resources, e.g. books, articles, notes of any sort.
      (3) Without the use of communication devices, e.g. phone, tablet or computer (other than the device on which you are accessing the Online CLNC^® Certification Examination).
      (4) Once you begin, you will have ninety (90) continuous minutes to complete the Online CLNC^® Certification Examination after which time your access to the Online CLNC^® Certification Examination will end.

2. Registration
   1. You are required to apply and register for the Online CLNC^® Certification Examination. This is done via the online Application (“Application Page”). The Application Page is accessible via the Institute’s website. You are required to give complete and correct information.
   2. The Institute reserves the right to refuse your Application and/or registration for the Online CLNC^® Certification Examination if the Institute determines, based on the information provided by you, that you are not eligible to take the Online CLNC^® Certification Examination, in which case the Institute will refund to you any exam fee already paid.
3. Fees/No Right of Withdrawal
   1. In certain cases, application and/or registration for the Online CLNC^® Certification Examination may require the payment of an examination fee. Payment of the examination fee is done by credit card. Please contact LegalNurse.com at 713.942.2200 for fee and payment information.
   2. Upon accessing, beginning and/or completion of the Online CLNC^® Certification Examination you will have no right of withdrawal and no right of refund of the exam fee.

4. Completion of the Application and Taking the Online CLNC^® Certification Examination
   1. Under the condition of successful application, registration and any necessary payment validation, the Institute hereby grants to you the nonexclusive and nontransferrable right to access and take the Online CLNC^® Certification Examination subject to the Institute’s right of refusal pursuant to Section 2.b.
   2. You are entitled to access and take the Online CLNC^® Certification Examination once during the time period specified in the instructions received from LegalNurse.com. After such period, your right to access and take the Online CLNC^® Certification Examination shall terminate.
      

      (1) You shall have the right to reapply to retake the Online CLNC^® Certification Examination, subject to approval of the Institute.

   3. Notwithstanding anything in Section 4.b., your right to take the Online CLNC^® Certification Examination and/or (as the Institute may determine) to access the Application shall terminate if and when the Institute gives notice to you that you are in breach of any of the terms and conditions of these Terms of Service or the Institute’s additional instructions (if any) explained on the Application or other communication(s).
5. Copyright Notice and Permitted Use
   1. Any and all text (in particular exam questions), images, videos, software, services, and other information contained in the Online CLNC^® Certification Examination (“Contents”) are the property of the Institute and are protected by copyright laws.
   2. You may only use the Contents in connection with your right to access and take the Online CLNC^® Certification Examination, only to the extent, and time period, necessary for that purpose, and subject to your full compliance with these Terms of Service and with the Institute’s additional instructions (if any) explained on the Application (“Permitted Use”).
   3. In no event may you, (i) use the Contents for any other purposes than the Permitted Use above, (ii) continue to use the Contents after expiration or termination (pursuant to Section 4.b. of the right to access and take the Online CLNC^® Certification Examination, or (iii) copy, amend, present, license, publish, upload or send the Contents or make the Contents perceptible in any way without the prior written consent of the Institute. The Institute reserves the right to report any breach(es) of this Section 5. to your board of registered nursing and/or any legal and/or policing authorities.
6. Confidentiality of Exam Questions
   1. You acknowledge that the Contents, and in particular the exam questions, contained in the Online CLNC^® Certification Examination are confidential information of the Institute and that you may not, without the Institute’s prior written consent, share any such Contents with other current or prospective CLNC^® students or make them publicly available. The Institute reserves the right to report any breach(es) of this Section 6.a. to your board of registered nursing and/or any legal and/or policing authorities.
7. No Warranty
   1. You acknowledge and accept that the Online CLNC^® Certification Examination and all Contents are, to the fullest extent permissible under applicable law, provided “as is” without warranty of any kind, express or implied, including, without limitation, any implied warranty of fitness for a particular purpose or satisfaction of a particular requirement, uninterrupted and error free operation, absence of defects or accessibility by a particular browser or computing system of your choice.
   2. You further acknowledge and accept that the Institute does not warrant, guarantee or make any representations regarding the use, or the results of the Online CLNC^® Certification Examination or the Contents in terms of completeness, accuracy, consistency, reliability, currentness or otherwise.
8. Your Responsibilities and Indemnification
   1. You assume the entire risk as to the use and result of the Online CLNC^® Certification Examination (including the Contents). This also includes your responsibility to provide your own stable Internet connection, as well as for the software and equipment necessary to access and take the Online CLNC^® Certification Examination. Any user name, password and/or other access data that the Institute will provide to you upon registration (“Access Data”) are personal to you and must be treated as confidential. All uses of the Online CLNC^® Certification Examination executed using your Access Data shall be attributed to you and are binding for you.
   2. You agree to indemnify and hold the Institute and its respective officers, directors, employees and agents harmless from and against any claims, actions, or demands, liabilities, damages, losses and expenses (including attorneys’ fees) arising out of, resulting from, or alleged to result from, your infringement of these Terms of Service or your infringement of any third party rights in connection with your use of the Online CLNC^® Certification Examination.
9. Choice of Law and Jurisdiction
   1. Texas state and federal intellectual property law governs the interpretation of these Terms of Service and applies to claims for breach of the same or misuse of the Online CLNC^® Certification Examination and/or Contents.
   2. Title, ownership rights and intellectual property rights in the Online CLNC^® Certification Examination and/or Contents shall remain property of the Institute. The Online CLNC^® Certification Examination and/or Contents are protected by international copyright treaties.
   3. The Institute shall have the option of taking legal action against you in the state of Texas or the city of your domicile and you consent to the Institute’s choice.
10. Other provisions
    1. The Institute expressly reserves the right to amend these Terms of Service at any time. The Institute will make the amended version of the Terms of Service available on the Registration Site and/or the Application. If after availability of any amendments, you access the Online CLNC^® Certification Examination, you agree to be bound by the amended version of the Terms of Service.
    2. No variation to these Terms of Service shall be effective unless in writing.
    3. Failure or delay of the Institute in exercising any right, power or option hereunder shall not constitute a waiver of the terms and conditions of these Terms of Service.
    4. The invalidity or unenforceability of any particular provision of these Terms of Service shall not affect the other provisions hereof, and these Terms of Service shall be construed in all respects as if such invalid or unenforceable provisions have been omitted.