CleverOrcaPN Online Agreement

By using CleverOrcaPN you are agreeing to comply with and be bound by the following Terms & Conditions. Every CleverOrcaPN user must accept these Terms & Conditions before getting access to the content. CleverOrcaPN has also made this text publicly available on the CleverOrcaPN website in the interests of transparency, as recommended in the Data Protection Act (1998).

Using CleverOrcaPN

CleverOrcaPN provides educational content in the field of practical nursing, for the purpose of preparing students for their examinations. Use of this resource is dependent on acceptance of these Terms & Conditions. You agree to use this site only for lawful purposes, and in a manner that does not infringe the rights of or restricts or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.

Your enrollment cannot be shared, sold or transferred to another person. CleverOrcaPN reserves the right to cancel your membership at any time in the event of any unauthorized use of your account, misuse of the test-taking materials or this website or any other violation of the online agreement. Legal actions will be taken for illegally sharing, copying, and utilizing the content of CleverOrcaPN

What Information Does CleverOrcaPN Hold?

CleverOrcaPN captures certain information on each user as part of the registration process. This data enables the creation of an accurate user profile, which is necessary for reporting purposes and to offer users learning that is relevant to their needs. The data that is stored is limited to information relating to users’ schools, location, exam dates, or email address. We will never ask for your home address or any other domestic information unless we would like to send you items relevant to the course.

When accessing the CleverOrcaPN portal you will be asked to set up some security questions, which may contain personal information. These questions are solely intended to enable users to log in if they forget their password and will never be used for any other purpose. The answers that users submit when setting up these security questions are encrypted in the database so that no-one can view what has been entered, not even CleverOrcaPN administrators.

CleverOrcaPN also stores a record of all learning activity by all users, including progress, scores, comments and all inquiries to the CleverOrcaPN.

Data transmission over can never be guaranteed to be perfectly secure. CleverOrcaPN takes all reasonable measures to protect your personal information, though we cannot guarantee the security of any information that you transmit to CleverOrcaPN and all such transmissions are made at your own risk.

Information We May Collect

We may collect personal information from you so that we can provide you with a positive experience when using our website or content. We may collect:

Please note that the information above (“Personal Data”) that you are giving to us is voluntarily, and by you providing this information to us you are giving consent for us to use, collect and process this Personal Data. You are welcome to opt-out or request for us to delete your Personal Data at any point by contacting us at [email protected]

If you choose not to provide us with certain Personal Data, you may not be able to participate in certain aspects of our Website or content.

How do we Process the Information CleverOrcaPN Holds?

Information collected by CleverOrcaPN is solely processed to deliver online learning and to store and report on users’ learning activity. It will never be sold for financial gain or shared with other organizations for commercial purposes. Examples of how CleverOrcaPN might use the data held include, but are not limited to, the following:

For internal review

How Can You Access, Update or Delete Your Personal Data You Have The Right To:

Unsubscribe

You may unsubscribe from our e-mails at any time through the unsubscribe link at the footer of all email communications. If you have questions or are experiencing problems unsubscribing, please contact us at [email protected]

Who can see users’ data?

CleverOrcaPN administrators and other approved people working within CleverOrcaPN have access to users’ training records and user profiles.

This may include our suppliers (e.g., our Learning Management System provider), but such organizations will be asked to sign Non-Disclosure Agreements and will never be allowed to use the information for commercial purposes.

Use of Cookies

For more information on cookies, please see the Information Commissioner’s Office website.

CleverOrcaPN does use cookies. The majority are used to keep track of a user’s input when filling online forms, known as session-id cookies, which are exempt from needing consent as they are deemed essential for using the site.

Subscription fees

By submitting the payment and authorization information, you agree to pay the subscription fee. After your payment is processed, you can access the study materials with your login and password. You agree to notify CleverOrcaPN immediately of any unauthorized use of your password.

Please note that our payment processor (Stripe) is in Canada and occasionally banks will charge their customers a fee for making a payment in a different currency or to a business in another country.

This fee is not something that Stripe applies, and instead, it is completely down to the customer’s bank.

Stripe is obliged to let the customer’s bank know where the merchant is located. Due to this, some banks will charge their customer’s a foreign transaction fee.

Please contact your bank if you would like more information about this.

Sales Tax

The sales tax is calculated based off your country and zip/postal code.  An order receipt will be sent which will show more details about the tax amount, if applicable.  If you qualify for tax exemption, you may claim a refund after purchase.


Money Back Guarantee  

If you fail your exam, you may qualify for a refund. Money-back guarantee requires the following conditions:

Linking to CleverOrcaPN 

Please let us know if you wish to link directly to pages on CleverOrcaPN by emailing [email protected] We do not object to you linking directly to the information that is hosted on our site. We do not permit our pages to be loaded into frames on your site; CleverOrcaPN pages much load into the user’s entire window.

CleverOrcaPN reserves the right to move or change its website URLs at any time in order to meet changing business needs and to continually improve its online service. External websites link to the CleverOrcaPN web site at their own risk. We do not encourage deep linking but recommend linking to section homepages, which are less likely to move or change.

Copyright and Trademarks

The content, organization, graphics, images, design, compilation, magnetic translation, digital conversion and other matters related to this web site are protected under applicable U.S. and international copyright, trademark and another proprietary (including but not limited to intellectual property) rights. CleverOrcaPN and other marks are either trademarks or registered trademarks of CleverOrcaPN. The copying, redistribution, use or publication by you of any such matters or any part of this web site, except as allowed by these Terms & Conditions, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through this web site. The posting of information or materials on the site by CleverOrcaPN does not constitute a waiver of any rights in such information and materials.

Intellectual Property

The names, images, and logos identifying CleverOrcaPN and its projects are proprietary marks of CleverOrcaPN. If you wish to copy or use the CleverOrcaPN logo, you must get prior approval from CleverOrcaPN by emailing [email protected]

Tell us how and why you wish to use our logos. Please include your contact details, including your name, address, telephone number, fax number and email.

Editing, Deleting and Modification

We reserve the right in our sole discretion to edit, make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the CleverOrcaPN web site at any time without notice.

Indemnification

You agree to defend, indemnify and hold harmless CleverOrcaPN, its affiliates and their respective directors, officers, employees and agents (collectively, "Affiliated Parties") from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees and costs) arising out of or accruing from: (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property rights of any person or defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by you in connection with your use of the web site; (c) any non-compliance by you with these Terms & Conditions; and (d) claims regarding any liability, loss, claim and/or expense arising from or related to your access and use of the web site, including information obtained through the web site. Notwithstanding the foregoing, CleverOrcaPN reserves the right to assume at its expense the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with CleverOrcaPN in asserting any available defenses.

Minimum Hardware Specifications

CleverOrcaPN requires an Internet connection. High speed connections will be most efficient for study purposes. CleverOrcaPN is compatible with most other web browsers provided that they are Javascript enabled and allow both cookies and pop-ups.

CleverOrcaPN is also compatible with Apple's Safari 2.0 or later for MacOS X.

CleverOrcaPN Mobile is optimized for the Apple iPhone, iTouch, and iPad line of products as well as the latest devices. It is also compatible with the latest smart phones. Compatibility with older smart phones is not guaranteed.

Disclaimer

The CleverOrcaPN website and material relating to Government Information, products and services (or to third party information, products, and services), is provided “as is,” without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials.

In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of CleverOrcaPN

Although we may from time to time monitor or review discussions, CleverOrcaPN materials, statistics, announcements and other communications media on CleverOrcaPN we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, omission, infringement, defamation, obscenity or inaccuracy contained in any information within such locations on CleverOrcaPN.

Any dispute arising under these Terms & Conditions shall be subject to the exclusive jurisdiction of the courts.

CleverOrcaPN website is not affiliated with any other organization and is not endorsed by the National Council of State Boards of Nursing®. 

Medical Disclaimers

This site is designed to offer you practical nursing information dedicated to students studying for exams and includes health information for general educational purposes only. The health information furnished on this site and the interactive responses are not intended to be professional advice and are not intended to replace personal consultation with a qualified physician, pharmacist, or other healthcare professional. You must always seek the advice of a professional for questions related to a disease, disease symptoms, and appropriate therapeutic treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare provider immediately.

You should never disregard medical advice or delay in seeking it because of something you have read on this site.

We do not make any warranty that the content on this site satisfies government regulations requiring disclosure of information on prescription drug products. The content was developed for use educational content only. While information on this site has been obtained from sources believed to be reliable, neither we nor the content providers warrant the accuracy of codes, prices, therapeutic content, or other data of any nature contained on this website. We do not give medical advice, nor do we provide medical or diagnostic services. Neither we nor the content providers guarantee that the content on this website covers all possible uses, directions, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatment.

You may not rely on the application of any information on this website as being applicable to your specific circumstances.

Your reliance upon information and content obtained by you at or through this site is solely at your own risk. Neither CleverOrcaPN nor the content providers assume any liability or responsibility for damage or injury (including death) to you, other persons, or property arising from any use of any information, idea, or instruction contained in the content or services provided to you.

Links to External Web Sites

Links contained on CleverOrcaPN will lead to other web sites which are not under our control. We are not responsible for the content of any linked site. Listing and linking should not be taken as an endorsement of any kind and we accept no liability in respect of the content. We cannot guarantee that these links will work all of the time and have no control over the availability of the linked pages.

Email Disclaimer

The purpose of this policy is to ensure that people who communicate with CleverOrcaPN understand the way in which electronic mail (email) should be used. Its aim is to ensure that email is used effectively for its intended purpose without infringing legal requirements or creating unnecessary business risk.

The statement below applies to all incoming or outgoing email messages to or from CleverOrcaPN: “This email and any files transmitted with it are confidential. If you are not the intended recipient, any reading, printing, storage, disclosure, copying or any other action taken in respect of this email is prohibited and may be unlawful. If you are not the intended recipient, please notify the sender immediately by using the reply function and then permanently delete what you have received.

Internet email is not a secure medium. Emails sent via the Internet could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material to CleverOrcaPN

You have a responsibility to ensure laws are not broken when composing or forwarding emails and their contents.

Attachments to email messages may contain viruses that may damage your system. Whilst CleverOrcaPN has taken every reasonable precaution to minimize this risk, we cannot accept any liability for any damage which you sustain as a result of these factors. You are advised to carry out your own virus checks before opening any attachment.”

You may receive emails from our partners, and in enrolling in CleverOrcaPN you agree to this communication.

Virus Protection

We make every effort to check and test material at all stages of production. It is always wise for you to run an anti-virus program on all material downloaded from the Internet.

We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this website.

Updated May 2022

We may at any time revise these Terms & Conditions. If this happens, you will be asked to accept the new Terms & Conditions the next time you log in to the CleverOrcaPN Portal. If you do not accept the new Terms & Conditions, you will not be able to continue using CleverOrcaPN

If you have any queries about any aspect of these Terms & Conditions, please contact: [email protected]