TERMS OF SERVICE & REFUND POLICY

 

The Skinny

While these terms may seem a little long, we’ve written them in plain English to make them easy to understand.

Here is a summary of what you’re agreeing to. The full terms are below.

  • You will be respectful of yourself, your instructors and your peers.
  • What is said in the course, stays in the course.
  • You will not take our content or ideas.
  • You will pay on time, and you understand our withdrawal policy.
  • We can use course survey results to better our program.
  • You agree to being recorded while in the course.
  • You agree to check with your doctor before making any changes to your medical regimen.
  • You understand that we’re simply presenting the latest evidence-based research, and not giving medical advice specific to your situation.
  • We reserve the right to change these terms any time.

The Full Monty

By enrolling in the Transformative Nurse Coach Certificate Program (the “Course”) offered by The Nurse Coach Collective (“TNCC”) and utilizing the Learning Center (“LC”), you agree to the following terms and conditions (the “Terms”).

 

Eligibility

To be eligible to enroll in the Course, you must:

  • read and accept these Terms, the Medical Release, the Privacy Policy, and our Consent to Audiovisual Recordings.
  • have access to a computer with internet access; and
  • be, at a minimum, a Licensed Practical Nurse (LPN) or Registered Nurse (RN) that is in good standing with your state’s board of nursing.

The Course

As a part of the Course, TNCC will give you access to the:

  • Course modules in the LC (“Course Modules”);
  • Course materials designed to advance your understanding of the Course (“Course Materials”); and
  • Archives of the Course Modules, and Course Materials (“Archives”) made available online for a period of three (3) months following the Course end date.

Technical Requirements

You understand and acknowledge that you are responsible for ensuring that you have compatible computer(s), equipment and software necessary for you to view and access the Course Modules, Course Materials, and Archives. The technical requirements will be published our website.

Tuition

By enrolling in the Course, you agree to promptly pay the full tuition. If you are paying in installments, payments will be made on time as agreed. Payments will be automatically billed to the payment source provided at checkout until the balance has been paid in full. If you fail to make a timely tuition payment, for any reason, you may be suspended from the Course and will be subject to the Removal Policy (explained below). Payment in full is required for Course completion, and all payments must be received before you can receive your certificate of completion.

Removal Policy

TNCC reserves the right to remove you from the Course if you fail to make payments as scheduled or violates these Terms. If you are removed from the Course, you may be subject to charges, including the remaining tuition payments owed. Removal may mean you’re not eligible to enroll in future Courses. You may also be suspended or removed at any time for inappropriate comments or disclosure of other learner’s personal health information outside the LC. While your instructors will do their best to monitor such activity and give fair warning, we reserve the right to remove you without warning.

Deposit Requirement

There is a $750 non-refundable deposit for all courses and payment plans. This deposit is required to cover processing fees and accommodation reservations made on your behalf. To receive a refund of tuition paid (not including the $750 non-refundable deposit), withdrawal must occur at least twenty-one (21) days prior the Course start date. Twenty-one (21) days prior to the course start date marks the “Refund Deadline” for all courses. To be eligible for a refund, you must provide written notice of withdrawal to info@thenursecoaches.com, no later than 11:59 PST on the Refund Deadline. If TNCC receives your notice of withdrawal after the Refund Deadline, you will incur additional cancellation charges and will not be eligible for a full refund.  

Withdrawal Policy

  • If you withdrawal before the Refund Deadline, you will receive a full refund of your payments, minus the $750 non-refundable deposit. Any future scheduled payments will be canceled.
  • If you withdrawal afterRefund Deadline and within twenty-one (21) days of course start date, you will be charged a $750 cancellation fee in addition to forfeiture of your deposit. Any future scheduled payments will be canceled.
  • If you withdrawal at any time after Course has started you will be responsible for 100% of the Course tuition and will not be entitled to a refund of any amount already paid.

Upon TNCC’s receipt of your notice to withdraw, you will no longer have access to the LC or any other services or benefits available under the Course. If you’ve received a welcome package and/ or course materials, you will be required to return these to TNCC via a mailing service with tracking at your expense.

Change Policy

You may change the start date of your Course one time, but only by giving TNCC twenty-one (21) days advance written notice before your scheduled start date. If you change your Course start date, the Refund Deadline will remain the same based on the start date of the first Course you initially enrolled in.

Respect

You acknowledge and agree that the Course community can thrive only if students and members of the faculty and administration have respect for one another. In light of the vibrant community we are dedicated to building together, you will refrain from using language and/or engaging in conduct on the LC and on any TNCC social spaces (including, without limitation, Facebook, Twitter, YouTube, LinkedIn, Tumblr, and Google+) that is or may be considered harassing, harmful, obscene, incendiary, threatening, or defamatory (singularly or collectively, “Inappropriate Conduct”), regardless of its intended target. Whether or not your conduct constitutes Inappropriate Conduct will be determined in TNCC’s sole and exclusive judgment. If it is determined that you have engaged in Inappropriate Conduct, your participation in the Course will be terminated, your Tuition will be forfeited, and you will not receive any refund.

Intellectual Property and Confidentiality

You are granted a revocable, non-exclusive, non-transferable license to use the Materials for the sole purpose of advancing your understanding of the Course. You may not share the materials with any third-party or use the Materials in any other way. You acknowledge that all of the materials, concepts, techniques, methods, curricula, and other information (collectively, the “Materials”) you are exposed to or provided with in connection with the Course is the sole and exclusive property of TNCC. You acknowledge that the Materials constitute commercially valuable and confidential property of TNCC, the design and development of which required extensive investment and substantial effort, time, and money. You further acknowledge that the Materials are organized and presented by TNCC in such a manner as to make them distinctive property of, and proprietary to, TNCC, even if some of the Materials (or versions thereof) may be available in the public domain. All rights in and to the Materials, including any copyrights, trade names, trademarks, logos and/or service marks therein, whether as owner of the same or as licensee, are expressly reserved by and to TNCC.

You agree not to reproduce, copy or otherwise duplicate, distribute, lend, sell, or otherwise transfer or disclose to any individual, business or other party, any of the Materials without the prior written consent of TNCC.

Your Content

You represent that you own all intellectual property rights in any materials that you publish through the LC (“your content”), or have permission to do so, and agree to defend, indemnify, and hold TNCC harmless against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) relating to allegations that your content infringes on another’s intellectual property, violates another’s rights, and/or is otherwise actionable. You give TNCC an irrevocable license to save, publish, and share the content you share on the LC.

Non-Competition

You understand and acknowledge that TNCC has devoted extensive time, effort and financial resources to promoting and developing the Course. In recognition of TNCC’s efforts, and in consideration of TNCC’s having made available to you the Materials, you agree that, during your participation in the Course and for a period of two (2) years thereafter, will not work for, become employed by, own as a shareholder, partner, member, joint venture or otherwise, and/or otherwise participate in any organization in the United States that: (i) that competes with TNCC and/or (ii) the primary or secondary purpose of which is to educate, train, teach, and/or otherwise provide instruction to nurse coaches. You agree that this limitation is reasonable in light of the Course you have received and/or are slated to receive. You also acknowledge and agree that the foregoing restrictions (and those set forth in “Intellectual Property”) are necessary to protect TNCC’s legitimate interests and that TNCC would not have entered into these Terms in the absence of such restrictions. The terms of this “Non-Compete” shall survive termination of these Terms.

Research and Improvement

You agree that your pre and post-course surveys and assessments will be used by TNCC to improve the Course and provide clinical evidence of the effectiveness of this type of work, thus furthering our field. There is absolutely no identifying information in these studies, and they are 100% confidential.

Non-Disparagement

You agree not to disparage TNCC or any of its owners or teachers during or after your participation in the course. “Disparage” means any negative statement, whether oral or written, whether in print or electronic form, including, without limitation, on any Internet site or web application such as Facebook, YouTube, Instagram, chat forums, communities, and/or message boards. You acknowledge and agree that this non-disparagement provision is a material term of these Terms, the absence of which would have resulted in your disqualification from the Course. You further acknowledge that if it becomes necessary to commence legal action to ascertain your name from an anonymous post, you will be responsible for all legal and related fees and costs.

Disclaimer

You understand and acknowledge that developing coaching skills requires, among other things, patience, dedication, perseverance, and practice, and that, your participation in the Course does not guarantee any particular result. This Course and the LC are provided on an “as is,” “as seen” and “as available” basis. You agree that your participation in the Course and use of the LC and its content is at your sole risk. To the fullest extent permissible under applicable law, TNCC and its affiliates hereby disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

You further understand and agree that you will be solely responsible for any damage to your business, computer system or loss of data that results from the download of such content and/or data. Except as otherwise agreed in writing, neither TNCC nor its affiliates have any responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any products or services distributed or made available by third parties in connection with the Course. TNCC does not make any warranty that the LC will be uninterrupted, timely, secure, error free or, that defects, if any, will be corrected.

Release of Liability

To the extent permissible under applicable law, TNCC, its members, officers, directors, employees, agents, affiliates, and licensors, will not be responsible for any damages suffered by you, including, but not limited to, loss of data from delays, non-deliveries or mis-delivery of content or email, errors, system downtime, network or system outages, file corruption or service interruptions caused by the negligence of TNCC, its members, officers, directors, employees, agents, affiliates, and licensors.

Complete Agreement

These Terms and our Privacy Policy represent the entire agreement between you and TNCC with respect to the Course. Any and all prior agreements, promises, understandings and/or representations, whether oral or written, relating to the Course are superseded by these Terms.

Modifications

TNCC reserves the right, at any time and without prior notice, to modify these Terms and to impose new or additional terms or conditions relating to your enrollment and use of the Materials. Modifications and additional terms and conditions will be effective immediately and incorporated into these Terms, which will be accessible to you on the LC. Your continued use of, or access to the Course, and/or the LC, and/or other TNCC educational resources, online portals, repositories, and/or systems will be deemed an acceptance of these Terms and any subsequent changes. You are responsible for regularly checking these Terms for changes.

Enforceability

In the event that any term, provision, covenant or condition of these Terms is found to be invalid, illegal or otherwise unenforceable, such unenforceable provision shall be severed, the remainder of these Terms shall continue in full force and effect, and such provision will be reformed to provide the maximum protection to TNCC permissible under law.

Choice of Law & Arbitration

These Terms of Service and any dispute related to the Course shall be governed by and construed in accordance with the laws of the State of Oregon. Any dispute, controversy, or claim arising out of or relating to these Terms or the Course shall be settled by binding arbitration. The arbitration will be administered by the Arbitration Service of Portland, Inc. (ASP) and according to ASP’s rules. There will be one arbitrator who will be a business lawyer or have alternate qualifications that are mutually agreeable to the parties. Judgment on the arbitrator’s award may be entered in the circuit court in the county in which the arbitration occurs. The resolution of the disputed matter, as determined by the arbitrator, will be binding on the parties. In addition, TNCC reserves the right to seek injunctive relief in any competent court for an infringement on our intellectual property.

 

CONSENT TO AUDIO AND VISUAL RECORDING

Each of our live Zoom video-conference calls will be recorded and uploaded to the Course platform so that you can go back and rewatch them and because not everyone can attend every live call. None of these recordings will ever be posted outside of the closed learning center without your express permission. By participating, you:

  • authorize TNCC to record (audio/visual) all live video-conferences and upload them here, to the closed learning platform.
  • understand that this recording will be inaccessible to anyone who is not an active member of my Collective.
  • understand that this information is being used only for the purpose of training, supervision, and evaluation

While this is a mandatory part of the Course, you acknowledge that your participation in this program and the completion of this authorization is voluntary.

During our in-person intensives, we will be taking pictures and recording video to use in our marketing services.

If you choose to record an optional “video testimonial,” you understand that this may be used at our discretion for marketing purposes, including, but not limited to:

  • displayed on our webpage
  • posted to video sites such as YouTube and Vimeo
  • in our advertisements online and in-person

You also understand that this “video testimonial” is entirely optional, and you may revoke our right to use the “video testimonial” at anytime.

 

MEDICAL DISCLAIMER

 

Not Medical Advice

All content from The Nurse Coach Collective (“TNCCP”) including text, images, audio, video, Course material, or other formats was created for informational and educational purposes only. The content is not intended to be a substitute for medical advice, diagnosis, or treatment and should not be treated as such.

Medical Assistance

You must never rely on the information provided TNCCP, and our Courses, as an alternative to medical advice from your doctor. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something that you have read on this website, or in the LC.

If you think you may have a medical emergency, seek immediate medical attention. Never delay seeking medical advice, disregard medical advice or discontinue treatment because of information provided by TNCC.

No Endorsement

TNCC does not endorse any specific tests, physicians, products, or procedures.  Links to educational content not created by TNCC are taken at your own risk. TNCC is not responsible for the claims of external educational resources and companies.

Limitations of Liability For Medical Disclaimer

Nothing within this medical disclaimer will limit or exclude liability for death or personal injury resulting from our gross negligence, nor will it limit or exclude liability for fraud. Nor will it limit any liabilities that are not permitted under law or exclude any liabilities that may not be excluded under applicable law.

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