TERMS AND CONDITIONS

The following terms and conditions (the "Terms and Conditions") govern your use of the websites located at https://nclexcrusade.com and other websites and mobile applications on which NCLEX CRUSADE LLC, or one of their affiliates (collectively, “we,” “us,” or “our”) posts these Terms and Conditions (collectively “Sites”). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. You should also read our Private Policy (attached hereto), 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 Site or the products and services offered on the Site. By accessing the Site, you consent to these Terms and Conditions in electronic form. To withdraw this consent, you must cease using the Site and terminate your account. 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 Site 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 Site, 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 Site, and all materials and content related to our programs even if the materials or content are not accessed through the Site. Your use of the Site does not grant you ownership of any content, software, code, data or materials you may access on the Site. 2. LIMITED LICENSE. You may access and view the content on the Site on your computer or other internet compatible device, and make single copies or prints of the content on the Site for your personal, noncommercial use only. To the extent you need to download software or documentation to use the products or services on the Site, we grant you a limited, non-assignable, non-transferable, revocable license to use such materials solely to utilize such products or services. Such license will terminate when you no longer use the products or services. The Site and the products and services offered on or through the Site, including any content and materials on the Site, 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 Site at any time and without prior notice. For our mobile applications, we grant you a nonexclusive, non-transferable, worldwide, and perpetual license to perform, display, and use the mobile application for your personal, non-commercial use only. 3. 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 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 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 without our written permission or that of the third-party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited. 4. SUBMITTED MATERIALS. (a) Any ideas, suggestions, survey responses, or testimonials that you submit to us or information you submit or post to our chat rooms, message boards, and/or our blogs ("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. (b) For any academic source materials such as textbooks and workbooks which you submit to us in connection with our online tutoring services, you represent and warrant that you are entitled to upload such materials under the “fair use” doctrine of copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you represent and warrant that you are in proper legal possession of such textbook or workbook and that your instruction to our system to display a page or problem from your textbook or workbook is made for the sole purpose of facilitating your tutoring session, as “fair use” under copyright law. (c) You agree that we may record all or any part of any live online classes and tutoring sessions (including voice chat communications and videos) for quality control and other purposes. You agree that we own all transcripts and recordings of such sessions, and you hereby irrevocably assign to us all rights in all such transcripts and recordings. 5. CERTAIN OBLIGATIONS AND PROHIBITIONS. (a) Any commercial distribution, publishing or exploitation of the Site, or any content, software, code, data or materials on the Site, is strictly prohibited. Except as expressly permitted by these Terms and Conditions or by law, you may not download, display, 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 any materials or content related to our programs even if the materials or content are not accessed through the Site. If you improperly use the Site, we may aggressively enforce our intellectual property and other rights to the fullest extent of the law, including the seeking of criminal prosecution. (b) We may investigate and/or terminate your account if you misuse the Site or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Site and the various products, services and features offered on or through the Site, you will not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third-party's advertising, branding or other promotional content into any of the Site's content, materials or services; or (iii) gain or attempt to gain unauthorized access to other computer systems through the Site. (c) 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 for any products, services, or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the products or services offered on or through the Site, including but not limited to any information residing on any server or database connected to the Site or any products or services offered on or through the Site; (ii) use the Site 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 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 Site's products or services in violation of any applicable law or the legal rights of any third-party. (d) 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 Site's products or services, or any content thereof, or make unauthorized use thereof. (e) You agree that you will not upload, post, transmit, distribute or otherwise publish through the Site or any product, service, or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site's products or services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, defamatory, obscene, vulgar, offensive, profane, sexually explicit or indecent, (iii) violate any local, state, national or international law, (iv) violate, plagiarize or infringe the intellectual property, privacy, publicity, or other rights of third parties, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You alone are responsible for the content and consequences of any of your activities, both on and off the Site. (f) You agree that you will treat our online tutors and instructors with respect and not use obscenities in the online classroom, lie about false emergencies, make threats or discuss personal matters or matters other than those related to the subject for which you seek help. You agree that you will not disclose any information to your online tutor or instructor that could be considered personally identifiable information, such as your full name, address, telephone number, email address, social security number, or any other information that could be used to identify or locate you. Similarly, you agree that you will not solicit any such information from any online tutor or instructor and agree that if any online tutor or instructor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing. You agree not to use the Site or the products, services, and information offered on the Site to recruit, solicit, or contact in any form tutors or instructors for employment or contracting for a business not affiliated with us without our advance written permission. (g) If you use, or assist another person in using, our online tutoring services in any unauthorized way, you agree that you will pay us an additional $50 per hour for any time we spend to investigate and correct such use, plus any third-party costs of investigation we incur (with a minimum $250 charge). You agree that we may charge any credit card number provided for your account for such amounts. For example, if you create 20 accounts under a hypothetical “one free hour” promotion, using multiple cell phones and/or credit cards, you agree that we may charge your card $1,000 (20 hours times $50) plus $250 in costs, for a total of $1,250. You further agree that you will not dispute such a charge and that we retain the right to collect any additional actual costs. [THIS IS A SAMPLE PROVISION. WE CAN DISCUSS YOUR OPTIONS WHEN WE SPEAK] 6. RIGHT TO MONITOR AND EDITORIAL CONTROL. We reserve the right, but do not have an obligation, to (a) monitor and/or review all materials posted to the Site or through the Site's products, services, or features or (b) refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable, violate these Terms and Conditions, or violate applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice of liability. 7. PRIVATE OR SENSITIVE INFORMATION ON PUBLIC FORUMS. We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums. 8. COPYRIGHT. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;  a description of the copyrighted work that you claim has been infringed;  a description of where the material that you claim is infringing is located on the website (and such description must be reasonably sufficient to enable us to find the alleged infringing material);  your address, telephone number and email address;  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  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. Notice of claims of copyright infringement should be provided to REINIER AIRADO at [email protected] or the following address: Reinier Airado NCLEX Crusade LLC 2279 Cross Tea Court Brooksville, FL 34604 We may terminate the accounts of any infringers. 9. LINKS. (a) You may be able to link from the Site 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. (b) You agree that if you include a link from any other website to the Site, such link will open in a new browser window and will link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on the Site or our products or services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on this Site on another website, for any purpose, including but not limited to posting such images on another site. You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time upon written notice to you. 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. (a) 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. (b) To use products and services delivered on or through the Site, you will need to register on the Site, 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; you may not allow anyone else to use your account; and you may not use anyone else's account at any time. You may not use any means to circumvent our access, registration, or payment systems. You may not continue to use the Site or any products or services available on the Site after we have terminated or suspended your access to the Site or the products or services on the Site. 12. DISCLAIMER OF WARRANTIES. (a) THE SITE, INCLUDING BUT NOT LIMITED TO ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE ON THE SITE, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT YOU WILL PASS ANY EXAMINATION, INCLUDING BUT NOT LIMITED TO THE NCLEX-RN EXAM, 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. (b) From time to time, we may make third-party opinions, advice, statements, offers, or other thirdparty information or content available on the Site or from tutors under tutoring services (“ThirdParty Content”). All Third-Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE SITE OR ANY VERIFICATION SERVICES DONE ON OUR TUTORS OR INSTRUCTORS, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY TUTOR OR INSTRUCTOR OR ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE. 13. LIMITATION OF LIABILITY. (a) IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING INSTRUCTORS AND TUTORS) (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 OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, 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. (b) IN NO EVENT WILL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. 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 OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM. 14. APPLICABLE LAWS AND ARBITRATION. We control and operate the Site from our offices in the State of Florida. We do not represent that materials on the Site are appropriate for use in other locations. Persons who choose to access the Site 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 Florida will govern these Terms of Use, as well as any claim that might arise between you and us, without regard to any conflict of law provisions. Regarding claims: (a) By using the Site, 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. For details on the arbitration process, see our Arbitration Procedures. (b) 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 Hernando County, Florida. 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 Florida 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 or the Site's products or services at any time. We may restrict, suspend or terminate your access to the Site 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. Your continued use of the Site and/or the products or services offered on or through the Site 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 phone. 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. Sections 1, 3-6, 9-14, 17-20 and any other provisions of these Terms and Conditions which would be expected to survive the termination or expiration of your relationship with us will so survive. 19. APPLE-ENABLED SOFTWARE APPLICATION (applicable only if we provide mobile applications downloaded from Apple’s App Store (“App”)). (a) You and we acknowledge that these Terms of Conditions are concluded between you and us only, and not with Apple, Inc. (“Apple), and that as between Apple and us, we, not Apple, are solely responsible for the App and the content thereof. (b) Your license to use the App is limited to a non-transferable license to use the App on an Applebranded product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. (c) You and we acknowledge that Apple has no obligation whatsoever to provide any maintenance or support services with respect to the App. (d) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, to the extent it cannot be disclaimed under applicable law, will be our sole responsibility. (e) To the extent that you or a third-party has claims relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, you and we acknowledge that we, not Apple, are responsible for addressing such claims. Nothing in these Terms and Conditions will be deemed an admission that you may have such claims. (f) To the extent we are required by law to address claims that the App or your possession and use of the App infringe a third-party’s intellectual property rights, you and we acknowledge that we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claims. (g) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. (h) If you have any questions, complaints or claims with respect to the App, they should be directed to the following email address: [email protected] (i) You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and Conditions, and that upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary. PRIVATE POLICY This Privacy Policy governs your use of the websites located at https://nclexcrusade.com and other websites and mobile applications on which NCLEX CRUSADE LLC, or one of their affiliates (collectively, “we” or “us”) posts this Privacy Policy (collectively “Sites”). This Privacy Policy outlines the type of Personal Information and other information that is collected through the Site and how that information is used. We take your privacy seriously, and we have implemented security measures to protect your information from unauthorized access, disclosure, use, and modification. YOUR CONSENT TO THIS PRIVACY POLICY. By visiting this Site or using the products or services offered on or through this Site, you agree to this Privacy Policy, as it may be amended from time to time. This Privacy Policy is incorporated into the Terms of Use for this Site. By providing Personal Information to this Site, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories, in accordance with applicable law. PERSONAL INFORMATION. We may from time to time ask you for Personal Information, and we may collect certain information from your device each time you visit our Site. We may also receive Personal Information from third parties with whom we have a business relationship, including our organizational customers, resellers, licensees, and franchisees. “Personal Information” means personally identifiable information and includes, for example, your name; street address; e-mail address; SMS or text message address; phone number; credit card and other payment information; information regarding your academic and extracurricular activities and interests that may identify you; and other information that may identify you as an individual or allow online contact with you. You may review and correct the Personal Information that is accessible to you under the [settings] for your account on our Site or by calling [888-888-8888]. RIGHT TO OPT IN AND OPT OUT. You have the right to “opt-in” and “opt-out” of certain of our uses of your Personal Information. For example, you may elect not to receive correspondence from us or have your Personal Information shared with other entities for their marketing purposes. You may make this request by calling us at [888-888-8888] and indicating which correspondence you would like to receive. You have the right to “opt in” and “opt out” of certain uses of your Personal Information by us. For example, you may elect not to receive promotional correspondence from us. You may make this request by calling us at [888-888-8888] and indicating which correspondence you would like to receive. You can also send an e-mail to nclexcrusade.com. In this e-mail, please say whether: (i) you would like to opt out of receiving all e-mail promotional correspondence from us in general or (ii) if you would only like to opt out of certain of our e-newsletters or correspondence and if so which ones or (iii) you would like to opt out of receiving SMS or text messages. You may also opt out of our promotional e-mails by clicking on an opt-out link within the e-mail you receive. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us. We may allow our affiliates and third parties, including advertising companies and ad networks, to display advertisements on our Site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. These third parties may collect information about whether you, or others who are using your device, saw and/or clicked on the advertisements they deliver (such as click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, etc.), and possibly associate this information with your subsequent visits to the advertised websites. Some of these third party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies and provides information about this behavioral advertising practice (www.networkadvertising.org). You may opt out of our collection of data for use by third party ad companies to provide targeted advertising to you of our products as you visit other sites. Cookies are unique to each device. Therefore, you must opt out separately on all devices you use. If you delete all of your cookies (specifically, the “Opt-Out” cookie), you will have to go through the opt-out process again to reactivate your opted-out status. INFORMATION COLLECTED ON THIS SITE. User-Provided Information We may collect Personal Information from users when they register or create an account on our Site, or through other ways such as through such user's activities, transactions and completion of surveys or other similar types of canvassing and other online forms on our Site. We may also obtain the date, time and content of messages in the course of your use of our products or services as well as any transcripts or content provided during real-time or asynchronous tutoring sessions. You may provide this information directly to us or consent to us receiving it from a third party (such as Facebook). We may use or disclose information provided by users in response to surveys or similar types of canvassing tools for purposes of promotions or other statements to third parties in a manner that does not personally identify any individual user. If you provide us email addresses and other information of your friends and/or family members for us to send information about our products and services, we will maintain such information in accordance with this Privacy Policy. Site Usage Information Cookies. We and our service providers may use “cookies” to keep, and sometimes track, information about you, and to create a personalized web experience. Cookies are small data files that are stored on your device’s web browser. Cookies track where you travel on our Site and what you look at and purchase. By using this Site, you agree to the use of cookies in this way. Most web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Additionally, if you have a Flash player installed on your device, your Flash player can be set to reject or delete Flash cookies. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Site or certain areas or features of the Site. Clear GIFs. We and our service providers may use “clear GIFs” (a/k/a “Web beacons” or “pixel tags”) or similar technologies, on the Site and/or in our communications (e.g., in our HTML-based e-mails) which enable us to know whether you have visited a Web page or received or opened a message. This allows us to know the effectiveness of our marketing campaigns. IP Address and Clickstream Data. We automatically collect information from your browser when you visit our Site. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us and the referring website address. HOW PERSONAL INFORMATION IS USED. We may use your Personal Information to:  provide you with and personalize our products and services, including storing transcripts of, and content provided during, on-demand tutoring sessions or online classroom sessions, creating an account for you, and enrolling you in free trials;  process your orders, manage your account, provide you customer service, and ask for your feedback and send you surveys to help make our products and services better;  maintain our internal records and otherwise manage our business;  send you newsletters, notices and offers and otherwise correspond with you about products, services, companies and events that we think might interest you;  perform research and analysis about your use of or interest in our products and services or the products or services offered by others;  develop and display content and advertising tailored to your interests on our Site and other sites, and provide our advertisements to you when you visit other sites;  enforce our terms and conditions; and  perform functions as otherwise described to you at the time of collection. Service Providers We may share your Personal Information with our service providers, including those who help deliver our products and services, help us process transactions, such as charging your credit card when you make purchases, help us market our products and services, and otherwise help us operate our business. These third parties are not authorized by us to use your Personal Information except in connection with providing services to us. Aggregated and Non-Personal Information We may share non-Personal Information we collect under any of the above circumstances. We may also share it with our affiliates and third parties to develop and deliver targeted advertising on our websites and on websites of third parties, and to analyze and report on advertising you see. We may combine Site usage information we collect with other non-Personal Information we obtain from other sources. We may also share aggregated, non-Personal Information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. Legally Compelled Disclosures and Safety We may disclose user information when compelled to do so by government authorities or otherwise as required or permitted by law, such as to respond to court orders and subpoenas. We also may disclose user information to protect the safety of others and when we have reason to believe that someone is causing injury to or interfering with our rights or property or the rights or property of others. Business Transfer If we or all or a portion of our business is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information may be one of the transferred assets. USING CAUTION WHEN SHARING INFORMATION WITH OTHERS. When you contribute to a public area or feature of our Site, such as a chat room, bulletin board, list serve, blog, or wiki, the information that you submit will be made available to the general public. Therefore, we recommend that you do not submit any sensitive information to such areas of our Site, including your full name, home address, phone number, financial information or any other information that would enable other users to locate you or contact you. Users should also take care with how they handle and disclose their Personal Information and should avoid sending Personal Information through insecure email, SMS messaging or similar communications. When you are on our Site, you may be able to visit or link to other sites not operated by us. We do not control such sites and we are not responsible for the information practices of these sites. This Privacy Policy does not address the information practices of those other websites, and we encourage you to read the posted privacy policies of such sites. CHANGES TO THIS PRIVACY POLICY. We will update this Privacy Policy from time to time. When we post changes to this Privacy Policy, we will revise the “Effective Date” at the top of this Privacy Policy. We recommend that you check our Site from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. Contact Us If you have any questions or comments regarding our privacy practices.

NCLEX Crusade LLC