Terms of service

Last Updated: August 21, 2023


Terms of Service

Welcome to Level Up RN!


IMPORTANT! PLEASE CAREFULLY READ THESE Terms of Service, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These Level Up RN Terms of Service ("Terms of Service") apply to the websites, mobile apps, applications and other interactive features or services that post a link to these Terms of Service (each, a "Service" and collectively, the "Services" or "Level Up RN Websites"). Level Up RN is referred to collectively in these Terms of Service as "Level Up RN," "Level Up RN Websites," "we" or "our." "You," "your" and "user" refer to any person or entity using the Services.

These Terms of Service govern your use of the Services, regardless of how you access them, whether by computer, mobile device, or otherwise; and whether directly through our Services, or through any third-party website that links to them ("Linked Services"), and regardless of whether you are a registered user or a guest.

In some instances, both these Terms of Service and additional terms and conditions may apply to a service or product offered via the Services ("Additional Terms"). We will make those Additional Terms available to You with the relevant Services. If you use those Services, the Additional Terms that apply will become part of this agreement between You and Level Up RN. To the extent there is a conflict between these Terms of Service and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.


Table of Contents


Account Registration and Termination

Level Up RN provides a variety of services, both online and offline, designed to improve the overall academic experience. You may only have one Level Up RN account for use of the Services. You may not create or use more than one account, and you may not share your account or any of the Services with others. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third-party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify Level Up RN immediately if you suspect any unauthorized use of your account or access to your password. Level Up RN has the right to terminate your account for any reason at our sole discretion without notice to you.


Age and Residence Requirements; United States Jurisdiction

The Services are available to individuals age 13 and over. If you are between the ages of 13 and the age of majority where you live, you must review these Terms of Service with your parent or guardian to confirm that you and your parent or guardian understand and agree to it. You may register for an account regardless of where you live. The Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Level Up RN to any registration requirement within such jurisdiction or country. By registering, you certify that you are not on any list of restricted persons with whom it is unlawful for a United States company to do business. Level Up RN operates the majority of its Services in the United States. Level Up RN makes no representations or warranties that the Services are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide. We will notify you before we exercise these rights, except when we are not required to and when required to protect our reputation, the integrity of our services or if you breach these Terms of Service.


Proprietary Rights

The Services are owned and operated by Level Up RN. Unless otherwise explicitly specified by Level Up RN, all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic and citation information, citation guides, icons, flashcard and book cover images, as well as the selection, assembly and arrangement thereof and the "look and feel" of the Services (collectively, "Level Up RN Content"), are owned, controlled, or licensed by Level Up RN or Level Up RN's third-party partners. Level Up RN Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations, and treaties. All rights in images of books, flashcards or other publications included in the Services are reserved by the copyright owners of such materials. Portions of the bibliographic and citation content included in the Services are supplied by third-parties. Any unauthorized use of Level Up RN Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.


Your License to Use Level Up RN Content

Subject to your compliance with these Terms of Service, Level Up RN grants you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to view the Level Up RN Content. You may only use the Services for your own personal use. You agree not to view, copy, or procure content or information from the Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Level Up RN Content (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by Level Up RN under separate written agreement. No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without Level Up RN's prior written permission or as expressly provided in these Terms of Service. When you download or use the Level Up RN Content as authorized by these Terms of Service, you must: (a) keep intact any and all copyright and other proprietary notices; (b) make no modifications to the Level Up RN Content; and (c) not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Services, or allow or assist any third-party (whether or not for your benefit) to do so. All rights not expressly granted herein are reserved. Where you purchase a subscription or a license to access any Level Up RN Content, you may not share that subscription or license with others. Level Up RN may impose reasonable limits on your scope of access to Level Up RN Content, including limits on time or number of materials accessed or machines used to access such Content, to prevent unauthorized third-party access to or use of that Content.


Social Distribution

Level Up RN may allow you but only through express written permission to engage in certain personal uses of Level Up RN Content that include the ability to share certain Level Up RN Content with others ("Social Distribution"). For example, the Services may allow you to send certain Level Up RN Content to friends, display Level Up RN Content on your personal website or post Level Up RN Content on a third-party website. You agree that you will not imply that you and Level Up RN are affiliated in any way or that Level Up RN approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time to protect our reputation, the integrity of our services or if you breach these Terms of Service, and you agree to immediately cease Social Distribution upon receiving a notice revoking our permission and to comply with any terms we post in connection with the Social Distribution of Level Up RN Content.


Notice to Third-Party Websites

Any Level Up RN Content made available in connection with your site, or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of Level Up RN Content upon notice.


Digital Content

If you receive as part of your order access codes, passwords or downloads for online course or online digital services content ("Digital Content"), then, when activating the codes, downloading content or logging in to access or use Digital Content, you may be required to agree to certain additional terms and conditions ("Digital Content Terms") before you may access the Digital Content. Read the Digital Content Terms for each Digital Content you rent or purchase, as different Digital Content may come with different restrictions or may be updated from time to time. If there is a conflict between the Digital Content Terms and these Terms of Service, the Digital Content Terms supersede the Terms of Service only to the extent of your use of the relevant Digital Content.


User Content and Activities

When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, class notes, course outline bibliographic and citation information comment, testimonial, feedback, message, image, video, text, profile data or other material ("User Content") to Level Up RN, any Level Up RN employee or contractor, or a Level Up RN Website, you grant Level Up RN and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by Level Up RN, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content.

Note that we may create, facilitate, or display social advertisements, whereby your name, profile and photo may be used to advertise products and services to your network based on your use of the Services and your interactions with Level Up RN.

You further agree that Level Up RN is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services, and creating informational articles, without any payment of any kind to you. You authorize Level Up RN to publish your User Content in a searchable format that may be accessed by users of the Services and the internet. To the fullest extent permitted by law, you (a) waive (to the maximum extent permitted by applicable law) any moral rights you may have in any User Content you submit in favor of Level Up RN and its successors-in-interest, even if such User Content is altered or changed in a manner not agreeable to you and (b) agree and consent to Level Up RN doing, or refraining to do, any act that would otherwise infringe any moral rights you have (to the extent that any moral rights cannot be waived under applicable law).

Level Up RN is not required to host, display, or distribute, and may remove at any time, any User Content. Level Up RN reserves the right to change the format, sizing, and any other display specifications of the Content as it sees fit.

You represent and warrant that (i) you own the User Content submitted by you on, through or in connection with the Services, or otherwise have the right to grant the licenses set forth in this section, and (ii) the posting of your User Content on, through or in connection with the Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Upon Level Up RN's request, you will furnish Level Up RN any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service.

Except as otherwise described in the posted Privacy Policy, or other agreement on the Services presented at the time you provide your User Content (defined below), you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You acknowledge and agree that your relationship with Level Up RN is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place Level Up RN in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on the part of Level Up RN.

It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently.

You agree that Level Up RN has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' rights to your User Content. You further acknowledge and agree that, to the fullest extent permitted by applicable law, Level Up RN will not have any obligation to you with regard to User Content and that Level Up RN may or may not monitor, display or accept your User Content and may delete it at any time. We may, but are not obligated to, review User Content prior to posting it on or distributing it through the Services, or allowing them to be distributed through the Services. This includes private messages exchanged by you and other users through the Services. This "User Content and Activities" section shall survive any expiration or termination of your relationship with Level Up RN.


Acceptable Use Policy

You are solely responsible for the User Content you submit, through or in connection with our Services, and any material or information that you transmit to other users and for your interactions with other users. When you contribute, upload, or otherwise provide User Content via the Services, you agree to comply with the following Community Usage Rules. In addition to removing such prohibited materials, Level Up RN may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.

Prohibited user content includes, but is not limited to, material that Level Up RN determines:

      1. is patently offensive or promotes or otherwise incites racism, bigotry, hatred, or physical harm of any kind against any group or individual;
      2. harasses or advocates harassment of another person;
      3. exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website;
      4. posts information that poses or creates a privacy or security risk to any person;
      5. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
      6. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
      7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
      8. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
      9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses;
      10. involves commercial activities and/or sales without prior written consent from Level Up RN such as contests, sweepstakes, barter, advertising, or pyramid schemes;
      11. includes a photograph or video of another person that you have posted without that person's consent; or
      12. violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.

Prohibited activities include, without limitation:

      1. unauthorized advertising to, or solicitation of, any user to buy or sell any products or services;
      2. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Services;
      3. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
      4. modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Services;
      5. covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Level Up RN page via HTML/CSS or any other means;
      6. any automated use of the Services, such as, but not limited to, using scripts to send messages or posts;
      7. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
      8. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity using the Services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by Level Up RN, or sending messages with a commercial purpose;
      9. activity unrelated or disruptive to the Services, such as intentionally distributing the wrong solutions to problems, submissions that force browsers to scroll horizontally, large blank or content-free submissions, "Bumping" multiple older topics (posting in them a long time after the last post), posting multiple identical or near-identical messages or topics, including "fad" topics, hard-to-read topic titles (e.g., ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation), or multiple hard-to-read or nonsensical messages in a single or multiple topics; or
      10. using the Services in a manner inconsistent with any applicable law.

Service Modifications

Level Up RN reserves the right, in our sole discretion, to make changes to or discontinue any of the Services at any time. Any description of the Services provided by Level Up RN is not a representation that the Services are working or will always work in that manner, as Level Up RN is continuously updating the Services, and these updates may not always be reflected in the Terms of Service.


Mobile Use

The Services may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Services, receive messages from the Services, download applications to your mobile phone or access features from the Services (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

If you change or terminate your mobile account, you agree to promptly update your Level Up RN account information so that any messages or notices from Level Up RN regarding the Services are sent to you and not to the person who is assigned your old number.

For any of our mobile apps, you agree that the third-party store or platform through which our apps are available (including, without limitation, the Apple App Store) is not liable to you in connection with our apps. 

If you have any questions or concerns regarding the App, please contact us as described in these Terms of Service.


Use of Data

Before establishing an Account with Level Up RN, you are required to agree to the following terms around use of certain data, as described below:

Types of Data

Your Contact Data: You understand and agree that Level Up RN will collect and may use personally identifiable information including, but not limited to, the following: name, address, phone number, email address, employer, title, user ID and password, and IP address. We use this information to provide the highest quality of service to you and your Institution, and so that we can verify your identity, contact you, provide materials to you upon your request, register you, send relevant messages via e-mail, phone or post, or for any other purpose identified in this policy or when personal information is collected. Level Up RN may contact you via email, text or phone in order to notify you of important timely information or upcoming deadlines. Level Up RN or a third party engaged by Level Up RN also may contact you via surveys, sweepstakes offers or other data collection techniques to conduct research about your opinion of current Level Up RN Products and Services, of potential new services that may be offered or topics of interest in your field. We may ask you to provide demographic information at your option; such information is generally used in aggregate form for various analyses conducted by Level Up RN regarding our Products and Services.

Your Learning Data: You understand and agree that, in the course of your use of Level Up RN Products and Services, you (and your Institution, if your use of Level Up RN Products is affiliated with a school, employer or institution) will submit personal and identifiable data regarding you and the Level Up RN Products and Services will generate data about your individual use of Level Up RN Products and Services, which may include, but not be limited to, your academic performance and student record, test results, your individual grades and scores, accomplishment dates (such as graduation),  instructor feedback and comment, your personal learning behaviors including behaviors around use of Level Up RN Products, licensure, and various metrics related to your learning of particular subject matters made available through Level Up RN Products and Services ("Your Learning Data"). You understand and agree that Level Up RN, through Level Up RN Products and Services, will collect, maintain, process, have access to, and use Your Learning Data  (identifiable data about you, as defined above) to 

(i) confirm your identity to ensure only authorized users are accessing Level Up RN Products and for purposes of Level Up RN Products security,

(ii) analyze and provide certain information about your learning, engagement with and use of Level Up RN Product and Services, and academic performance to you, your Institution with whom your Level Up RN Products use is affiliated and your instructor(s) from said Institution, as well as adaptive and personalized learning, 

(iii) analyze, separately or with data that Level Up RN receives from third parties, for purposes of Level Up RN’s internal data analysis and research and for developing and enhancing Level Up RN Products and Services, 

(iv) provide technical support to you on Level Up RN Products, and 

(v) generate reports and analytics for use by you, regarding your learning and academic performance.

General Usage Data: You also understand and agree that, through Level Up RN Products and Services and the use of other third-party software,  Level Up RN may collect diagnostic, technical, and general Level Up RN Products and Services usage information, such as cookies, content viewed, IP address, device use, site volume and load, that is gathered to (i) facilitate Level Up RN’s Product support and software development, and improve Level Up RN Products and Services, (ii) verify compliance with license terms, (iii) monitor, record and report information about Level Up RN Products user activity and engagement with the Level Up RN Products, Services sites, modules and social media pages, (iv) collect information around device use, Level Up RN Products site volume and load, and user results in connection with certain Level Up RN Products features or material ("General Usage Data").

Aggregate Analytic Data: Your Learning Data and General Usage Data may also be used in the aggregate, anonymous, and de-identified by Level Up RN for analysis related to benchmarking, research and analytics, employment matters, graduate level programs and continuing education, Level Up RN’s Product development and improvement, general metrics about your school’s or institution’s performance as compared to other schools and institutions and other Level Up RN customers, as well as for anonymized metrics and analysis ("Aggregate Analytic Data").

Information You Provide or Post: Except for information which Level Up RN expressly agrees in a separate contract with you to treat as proprietary and confidential, any communication, material or information that you transmit or post to any Level Up RN website, social media page or product (“Level Up RN Property”) will be deemed non-confidential. By posting any information or material on a Level Up RN Property, you represent that you own all proprietary rights over such information or material and grant Level Up RN a perpetual, royalty-free license to use, display, reproduce, distribute, modify, and make publicly available such material or information for any commercial or non-commercial use. You represent that you will not post anything on a Level Up RN Property that is libelous, defamatory, unlawful, threatening, obscene, or pornographic. Level Up RN reserves the right, at its sole discretion, to edit or remove, without notice, any unlawful or offensive information posted on Level Up RN Property. NOTWITHSTANDING THE FOREGOING, Level Up RN EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL OR INFORMATION COMMUNICATED OR POSTED BY YOU OR OTHER THIRD PARTIES ON ANY LEVEL UP RN PROPERTY. Level Up RN welcomes your suggestions and input on how we might improve the Level Up RN Properties, services and products. By providing any such suggestions, ideas, know-how, and input to Level Up RN, you agree that Level Up RN, including any of its  affiliated companies, has a royalty free, perpetual, worldwide, irrevocable right to use, publish, create, display, market, distribute, copy, and sell the same, in any form, medium, or technology, whether now known or developed in the future.

Sharing of Your Data.

Level Up RN will not sell, rent, trade or lease your personally identifiable information (“Your Personal Information”) to others unless we have requested to do so and have received your permission. (Aggregated information, by definition, is not identifiable and thus is not included in the definition of Your Personal Information.) Notwithstanding the foregoing, Level Up RN reserves the right, and you hereby grant Level Up RN the right, to disclose Your Personal Information to others under the following circumstances: (i) we may share Your Personal Information with any Level Up RN affiliate (or business partner or agent acting on our behalf) worldwide and such affiliates, business partners, and agents will be under the same obligations as is Level Up RN to protect the confidentiality of your information and protect your privacy; (ii) if your use of Level Up RN Products and Services is affiliated with your Institution, we may share your information with your Institution, its instructors and staff, and other parties associated with or required by your Institution; (iii) we may be required to share Your Personal Information by law with regulatory, industry self-regulatory organizations or other government agencies, or under a court order; (iv) we may transfer your data in connection with an organizational change, such as a merger or acquisition by another company or the sale of Level Up RN’s assets; or (v) if Level Up RN, in its sole discretion, determines disclosure is necessary to protect the rights, property, or security of Level Up RN, the Level Up RN Products and Services, Level Up RN Property, or other users’ rights or the personal safety of individuals, then we also may share Your Personal Information. If you have opted in to receive communications from Level Up RN or its affiliates and partners regarding surveys, sweepstakes, discounts and other offers, market research, relevant product updates and post-graduate information, such as continuing education, practice updates and opportunities, we may share you contact information with vendors who support Level Up RN in these efforts.


Data Transmission:

If you are located outside of the United States, you consent to the transmission and transfer of your personal information into the United States, to be processed, stored and maintained on or through Level Up RN servers located in the United States.

As part of agreeing to the terms and conditions in this Agreement, you are also providing your express consent to Level Up RN and its affiliates’ collection, use, maintenance, reporting, transmission, and processing of Your Contact Data, Your Learning Data, General Usage Data, and Aggregate Analytic Data, as described herein.

Email and Text Message Notifications

Notifications or receipts from Level Up RN will be delivered to you by email at the address you provided to Level Up RN when you created your account or as later updated. You may also opt to receive text message reminders from Level Up RN as a courtesy to you. Level Up RN may contact you, sometimes through an automated or pre-recorded message, using the phone numbers you provide to Level Up RN, including wireless numbers, to remind you that rental books are due to be returned or otherwise provide the Services. You are still responsible for compliance with the Terms of Service, including, e.g., timely return of your books, whether or not you receive such reminders via email, text or otherwise. Level Up RN will not ask you for your personal information, account username, and password, or any information about you or your method of payment via email or text message. If you receive such an email or text message purportedly from Level Up RN, it is fraudulent and Level Up RN will have no responsibility for any misuse of any information you provide as a result.


Account Cancellation

You may request cancellation of your account at any time throughout your use of our Services. To the fullest extent permissible under applicable law, your account will only be canceled and closed after all transactions have been processed. Level Up RN may cancel your account in its sole discretion for any reason, including but not limited to inactivity or misuse. Even if your account is canceled, your photos, comments, likes, friendships, and any other data you have shared via the Services may persist within the Service after cancellation of your account (for example, if your content has been reshared by others).


Payments and Payment Processing

Validation: Level Up RN may require users of the Services to provide a valid method of payment (e.g., credit or debit card, PayPal account, etc.) tied to an account at a financial institution when they register for an account (to ensure users are able to make applicable payments to Level Up RN) or upon ordering products or services. If a method of payment is required, you are responsible for ensuring that a valid method of payment is associated with your Level Up RN account at all times (either the original method of payment or a replacement). To confirm your method of payment is valid, Level Up RN may initiate a "pending" charge on the account. This charge will not be confirmed and, therefore, you will not be charged, and it will simply disappear from your financial statement (usually within seven days - check with your financial institution for additional information). Please be aware that this pending charge may be initiated each time you edit the payment information for your account or place an order that cannot be processed.


Other Policies: Where your billing address is requested, you must provide the address and phone number your financial institution has on record, as well as the card's security code (e.g., CVC, CVV, CID). Level Up RN will make reasonable efforts to process your transactions in a timely manner, but we make no guarantees regarding the processing time for charges. Level Up RN may store your method of payment and you hereby acknowledge and agree that Level Up RN may charge you for, and you will pay for, any charges specified on the Services. 

Linking Policy

Level Up RN grants you the revocable permission to link to the websites on which these Terms of Service are posted; provided, however, that any link to such a website: (a) must not frame or create a browser or border environment around any of the content on such websites or otherwise mirror any part of such websites; (b) must not imply that Level Up RN or the Services are endorsing or sponsoring any third-party or its products or services, unless Level Up RN has given the third-party prior written consent; (c) must not present false, misleading or offensive information about Level Up RN or its products or services; (d) must not use any Level Up RN trademarks without the prior written permission from Level Up RN; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable; and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Service. By linking to a Level Up RN Website, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms of Service, Level Up RN reserves the right to prohibit linking to any Level Up RN Website for any reason in our sole and absolute discretion.


Learning Courses

Level Up RN may offer learning videos and instructional material. Completing such courses may provide you with skills and experience that may help your career prospects, but there are a large number of factors tied to your career and completing such courses is no guarantee of improved employability or enhanced career prospects.


Test Prep Services

Level Up RN may offer services to help students prepare for a variety of standardized tests. Any test prep courses branded as Level Up RN and offered through the Level Up RN Websites are copyrighted and the property of Level Up RN, and are for the sole personal non-commercial use of individuals who register with Level Up RN and pay for such services, subject to these Terms of Service. Level Up RN test prep services are not endorsed nor affiliated with the companies who offer the test itself.


Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LEVEL UP RN WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LEVEL UP RN AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, THIRD-PARTY DISTRIBUTORS AND THIRD-PARTY LICENSORS OF CONTENT SOLD THROUGH LEVEL UP RN (COLLECTIVELY THE "LEVEL UP RN PARTIES") SPECIFICALLY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO (A) THE LEVEL UP RN WEBSITES OR THE SERVICES; (B) THE LEVEL UP RN CONTENT; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO LEVEL UP RN OR VIA THE SERVICES. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE LEVEL UP RN PARTIES DISCLAIM ALL GUARANTEES, CONDITIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LEVEL UP RN PARTIES SPECIFICALLY DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Level Up RN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR SERVICES, OR REGARDING THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS OR OTHERWISE, UNLESS SPECIFICALLY SET OUT ON THE SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LEVEL UP RN PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE LEVEL UP RN PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

THE LEVEL UP RN PARTIES ARE NOT RESPONSIBLE FOR THE USER CONTENT, ACCURACY OR OPINIONS EXPRESSED IN USER CONTENT POSTED OR PROVIDED BY THIRD-PARTIES ON THE SERVICES OR LINKED SERVICES, AND SUCH SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY LEVEL UP RN. INCLUSION OF ANY LINKED WEBSITE OR FEATURE ON THE SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR FEATURE BY Level Up RN. POSTS AND LINKED SERVICES CREATED AND POSTED BY USERS ON, THOUGH OR IN CONNECTION WITH THE SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. LEVEL UP RN TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE SERVICES OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD-PARTIES. THIS "DISCLAIMERS" SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH LEVEL UP RN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY ANY APPLICABLE LAW. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.


Limitations of Liability; Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ‎IN NO EVENT SHALL LEVEL UP RN BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) THE SERVICES; (B) THE LEVEL UP RN CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LEVEL UP RN OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES' TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF LEVEL UP RN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LEVEL UP RN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO LEVEL UP RN IN THE PAST SIX MONTHS, OR $100, WHICHEVER IS GREATER. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT LEVEL UP RN’S OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES TO THE STRICT EXTENT RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LEVEL UP RN’S LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY LEVEL UP RN, OR FOR LEVEL UP RN’S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT, OR FOR LOSSES OR DAMAGES WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAWS IN YOUR JURISDICTION. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH LEVEL UP RN.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF LEVEL UP RN'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER LEVEL UP RN CONTENT OWNED OR CONTROLLED BY THE LEVEL UP RN PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER LEVEL UP RN CONTENT OWNED OR CONTROLLED BY THE LEVEL UP RN PARTIES.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, PROVINCE, OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."


Indemnity

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Level Up RN Parties from and against any and all loss, liability, damages, judgments, claims, demands, costs, investigations, settlements, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or directly or indirectly relating to (a) your User Content; (b) your breach or anticipatory breach of these Terms of Service; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (e) any misrepresentation made by you; or (f) the Level Up RN Parties' use of your information or User Content as permitted under these Terms of Service, the Privacy Policy, or any other written agreement between you and Level Up RN. You will cooperate as fully required by the Level Up RN Parties in the defense of any claim. The Level Up RN Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Level Up RN Parties. These indemnity obligations shall survive any expiration or termination of your relationship with Level Up RN.


Export

Software related to or made available by the Services may be subject to the export control laws of the United States or any other relevant jurisdiction which requires any export license or other governmental approval prior to exporting such materials, product, or content‎. In particular, but without limitation, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders; or (c) to any other party that may be subject to any export controls or embargo restrictions applicable in your jurisdiction. By downloading any software related to Level Up RN Websites, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. Further, by using any of the Services, you represent and warrant that you are not on any United States or other government list of restricted or prohibited persons with whom a United States company or a company offering business in your jurisdiction may do business.


Changes

Level Up RN reserves the right to change these Terms of Service.  . If Level Up RN changes any such section after the date you first accepted the Terms of Service (or accepted any subsequent changes to the Terms of Service), it will notify you. You agree that your continued use of Services will be deemed acceptance of those changes. If you do not agree to such changes, you may reject any such changes by sending us written notice (including by email to legal) within 30 days of the date such change became effective, as indicated in the "Last Updated" date. In order to be effective, the notice must include your full name, address, Level Up RN username, the email address you currently use to access your Level Up RN account and clearly indicate your intent to reject changes to such sections.


Privacy Policy

Please refer to our Privacy Policy (https://www.leveluprn.com/policies/privacy-policy) for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy




Level Up RN Discount Codes, Bonuses, Coupons, Loyalty Programs, Points Programs and Other Promotions

From time to time, Level Up RN may offer discounts, bonuses, coupons, loyalty programs, points programs, sweepstakes, contests or other promotional incentives. These incentives typically have their own specific rules, restrictions, and limitations (e.g., limiting when, how often, and under what circumstances you may be eligible for the promotion). You are responsible for carefully reviewing and complying with these applicable rules, restrictions, and limitations. You agree not to engage in any self-dealing, collusion, smurfing (defined as breaking large orders or sales transactions into multiple individual transactions for the purpose of obtaining multiple discounts or payments), or otherwise gaming or defrauding the system. By participating in such promotions, you agree to be bound by the applicable rules and restrictions, and that Level Up RN, in its sole discretion, may deny payment or benefits to the fullest extent permitted under applicable law (e.g., when it believes improper activity has occurred or when a code has expired). All promotions may expire at any time without notice to recipients. Discounts apply only toward the actual base product/service rental or purchase cost; they do not apply to taxes, shipping, extension or late fees, or any other additional fees (e.g., conversion to purchase fees).


Tax

Rentals and purchases through the Services may be subject to taxes in many jurisdictions. Depending on your jurisdiction and the nature of the product or service you receive from us, this may be a rental tax, sales tax, use tax and/or value-added tax. Tax rates are different from jurisdiction to jurisdiction. You are responsible for paying all such taxes and all prices quoted on the Services are (except to the extent expressly indicated otherwise) exclusive of applicable taxes which may apply in your jurisdiction.


Certain Payments and Renewals

Payment for certain Services is due in advance of each applicable membership period (e.g., monthly or annually). EXCEPT WHERE PROHIBITED BY LOCAL LAW, MONTHLY AND ANNUAL MEMBERSHIPS OR SUBSCRIPTIONS MAY AUTOMATICALLY RENEW AND YOUR CREDIT CARD OR OTHER PAYMENT METHOD WE HAVE ON FILE FOR YOU WILL BE CHARGED ON THE FIRST DAY OF EACH RENEWAL PERIOD UNTIL YOUR MEMBERSHIP IS TERMINATED BY US OR CANCELED BY YOU. IF ANY OF OUR CHARGES ARE REJECTED FROM THE PAYMENT METHOD YOU HAVE INDICATED IS YOUR PREFERABLE PAYMENT METHOD, YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO, IN OUR SOLE DISCRETION: (I) RETRY SUCH PAYMENT METHOD; AND/OR (II) COLLECT FROM ANY OTHER PAYMENT METHOD WE HAVE ON FILE FOR YOU. You agree to pay all applicable fees for your memberships and use of our paid Services, plus any applicable taxes or other charges as may be required, when due and payable. All fees and charges are payable in advance and non-refundable, including after cancellation, unless otherwise disclosed at the time of purchase. If you wish to cancel your membership in a Service (if available), please visit the customer support web area on the Services. Cancellation of memberships (if available) will take effect as detailed in the cancellation information for the specific Service you want to cancel.


Free Trial Memberships

Where permitted by local law, we may from time to time offer free trials for some of our Services. Such trials may require you to register with a valid credit card to commence. Users that sign up for a free trial membership at a particular level will be automatically renewed at the promoted membership rate for that level at the end of the trial period unless the user cancels the membership at least before the end of the trial, unless the terms of the offer explicitly state otherwise. You can cancel a free trial online on the Services or by contacting Level Up RN's customer support. After cancellation of a free trial, you may be able to continue as a Free Member with reduced benefits or access. Only one free trial membership is allowed per person. Subsequent registrations do not qualify for free trials. Unless the terms of a promotion state otherwise, for promotions that include "free" periods with "paid" periods, paid periods will elapse first. We may introduce new or additional features, services or materials to the Services which may be a part of, or priced separately from, existing levels of membership at our sole discretion.


Miscellaneous

Unless otherwise stated in these Terms of Service, if any provision of the Terms of Service is declared to be wholly or partially void, invalid, illegal or unenforceable, that provision is severed to the extent that it is void, invalid, illegal or unenforceable and all remaining provisions continue in full force and effect. The failure of Level Up RN to exercise or enforce any right or provision of the Terms of Service is not a waiver of such right or provision. The section titles of the Terms of Service are for convenience only and have no legal or contractual effect. Non-performance of either party, except for the failure to make required payments, will be excused to the extent performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party. This "Miscellaneous" section shall survive any expiration or termination of your relationship with Level Up RN.


Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


Entire Agreement

The then-current Terms of Service, including (a) any related policies and terms referenced in the Terms of Service and (b) any Additional Terms, are the entire agreement between you and Level Up RN regarding the Services. The Terms of Service may not be modified without the consent of a duly authorized representative of Level Up RN and will supersede and prevail over any terms or conditions you may include with any purchase order or other transaction document or communication with us, regardless of whether Level Up RN signs them or fails to object to them. This "Entire Agreement" section shall survive any expiration or termination of your relationship with Level Up RN.


Governing Law

Any disputes, claims, or actions arising out of this agreement shall be governed by the laws of the State of California. Customer agrees to submit to personal jurisdiction in San Diego, California to resolve any such dispute. In the event of litigation relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.


User Generated Content

By contributing user generated content of any kind, customer irrevocably assigns and transfers to Level Up RN all copyright and other intellectual property rights in the material submitted, agrees to Level Up RN’s use and dissemination of the material worldwide, and waives all rights to assert any ownership, copyright or other claim to the material submitted.


Contacting Level Up RN

Questions about the Terms of Service should be sent to us at Support+TOS@LevelUpRN.com

DIGITAL PLATFORM ACCESS

You are on your way to Leveling Up in your studies and your career! As a reminder, when you purchase a Flashables product or Level Up RN Membership, you have agreed to our Terms of Service.  Any copying or reproduction of Flashables digital flashcards content, Level Up RN Membership content, or sharing of account login credentials is strictly prohibited. Any violations will be reported to your academic or professional institution and will be pursued to the maximum extent of the law.