NCLEX HIGH YIELD – TERMS OF SERVICE & ENROLLMENT AGREEMENT

Last Updated: November 7, 2025

This website and related services are operated by NCLEX High Yield, LLC, a Nevada limited liability company (“NCLEX High Yield,” “Company,” “we,” “us,” or “our”). By accessing the website, creating an account, and/or purchasing any products or services, you (“you,” “your,” or “Student”) agree to be bound by these Terms of Service and Enrollment Agreement (collectively, these “Terms”), as well as any policies referenced or linked herein (including our Privacy Policy).

NCLEX High Yield is not affiliated with any nursing school, university, or the National Council of State Boards of Nursing (NCSBN). We provide educational preparation services only. We do not issue licenses, certifications, or verification of schooling.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms and all additional terms and policies referenced or linked within.


1. DEFINITIONS

  • Company / We / Us / Our: NCLEX High Yield, LLC and its website located at https://nclexhighyield.com (the “Website”).
  • Student / You / Your: The individual who purchases, accesses, or uses any NCLEX High Yield product, service, or course.
  • Services: Live courses, self-paced online videos, tutoring, digital downloads, classes, practice questions, and related educational content.
  • Course Access: The period during which you may access the course or program you purchased.
  • Portal / Student Portal: The online platform (e.g., Teachable) used to deliver videos, materials, and resources.
  • Subscription: Monthly access to the Self-Paced Online Video Library, which may include updated recordings and materials while active.
  • Live Course: A scheduled, instructor-led NCLEX prep course delivered via live sessions (e.g., Zoom).
  • Access Until You Pass: Continued support/portal access tied to the most recent paid course, as clarified in Section 22.


2. OVERVIEW; ACCEPTANCE OF TERMS

Please read these Terms carefully. If you do not agree, do not access or use the Website or Services. Any new features or tools are subject to these Terms. We may update these Terms at any time by posting to the Website, and your continued use after posting constitutes acceptance.

Our store is hosted by Shopify Inc., which provides the e-commerce platform for our products and Services.


3. ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or you have parental/guardian consent for any minors to use the Website. You may not use our products for any unlawful purpose or violate applicable laws. Transmission of viruses, malware, or destructive code is prohibited. Any breach may result in immediate termination of Services.


4. GENERAL CONDITIONS

We may refuse service to anyone at any time. You understand that your content (excluding credit card data) may be transferred unencrypted over various networks and adapted to technical requirements. Credit card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission.


5. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

Materials on the Website are for general information only and may not be current or complete. Reliance on such materials is at your own risk. We may modify site content at any time without obligation to update.


6. MODIFICATIONS TO SERVICES AND PRICES

Prices are subject to change without notice. We may modify or discontinue any Service at any time without notice and without liability to you.


7. PRODUCTS AND SERVICES

Certain products or services may be offered exclusively online and in limited quantities, subject to our refund/return policy. We strive to display products accurately but cannot guarantee color accuracy on all monitors. We may limit sales by person, household, region, or jurisdiction, limit quantities, or discontinue products/services at any time.


8. BILLING AND ACCOUNT INFORMATION

We may refuse or cancel any order, including by limiting or canceling quantities per person, household, or order (e.g., orders using the same account, card, or billing/shipping address). You agree to provide current, complete, and accurate purchase and account information and to promptly update such information.


9. OPTIONAL TOOLS

We may provide access to third-party tools on an “as-is” and “as-available” basis without any warranties or endorsements. Use is at your own risk. Any future features or services are also subject to these Terms.


10. THIRD-PARTY LINKS

The Services may include materials from third parties. We are not responsible for examining or evaluating content or accuracy and assume no liability for third-party materials, products, or services. Review third-party terms and policies before engaging in transactions.


11. USER COMMENTS, FEEDBACK, AND SUBMISSIONS

If you submit content (e.g., suggestions, proposals, plans, or other materials), you grant us a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to edit, copy, publish, distribute, translate, create derivative works from, and otherwise use such content in any medium. We may (but have no obligation to) monitor, edit, or remove content we deem unlawful, offensive, or otherwise objectionable. You represent that your submissions do not violate the rights of any third party and do not contain unlawful or harmful material.


12. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy (link: [insert your Privacy Policy URL]).


13. ERRORS, INACCURACIES, AND OMISSIONS

Information on the Website may contain typographical errors or inaccuracies (including descriptions, pricing, promotions, offers, shipping charges, transit times, and availability). We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice, including after an order has been submitted.


14. PROHIBITED USES

You are prohibited from using the Website or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform unlawful acts;
(c) to violate any rules, laws, or ordinances;
(d) to infringe upon intellectual property rights;
(e) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit malicious code;
(h) to collect or track personal information without consent;
(i) to spam or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with security features.

We may terminate your use for any violation.


15. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that results will be reliable. The Services and all products are provided “as is” and “as available” without any warranties, express or implied.

To the fullest extent permitted by law, NCLEX High Yield, LLC and its affiliates, officers, employees, contractors, and licensors shall not be liable for any indirect, incidental, punitive, special, or consequential damages, or any loss of profits, data, goodwill, or other intangible losses. Our total liability shall not exceed the amount you paid to us for the Service giving rise to the claim within the prior twelve (12) months.


16. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NCLEX High Yield, LLC and its affiliates, officers, directors, employees, contractors, licensors, and agents from any claim or demand, including reasonable attorneys’ fees, arising from your breach of these Terms or violation of any law or third-party right.


17. SEVERABILITY

If any provision of these Terms is unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law and the unenforceable portion shall be deemed severed, without affecting the validity of the remaining provisions.


18. TERMINATION

Obligations and liabilities incurred prior to termination survive termination. We may terminate or suspend access at any time without notice if you fail to comply with any term. You remain liable for all amounts due up to and including the termination date.


19. ENTIRE AGREEMENT

These Terms, along with any policies posted by us on the Website, constitute the entire agreement between you and us and supersede all prior agreements, communications, or proposals, whether oral or written.


20. GOVERNING LAW; VENUE; ARBITRATION; CLASS-ACTION AND JURY WAIVER

These Terms and any separate agreements under which we provide Services are governed by the laws of the State of Nevada, without regard to its conflict-of-law rules.

Binding Arbitration. Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding, individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in Las Vegas, Nevada.

Class-Action Waiver. All claims must be brought in your individual capacity, not as a class action or representative proceeding.

Injunctive Relief. Either party may seek provisional or injunctive relief in a Nevada court to protect rights pending arbitration.

Jury Trial Waiver. You and we irrevocably waive any right to a jury trial to the fullest extent permitted by law.


21. USE OF MATERIALS; LICENSE AND ACCESS

License Grant. We grant you a limited, revocable, non-transferable, non-exclusive license to access and use materials solely for your personal NCLEX preparation.

Prohibited Activities. Unauthorized sharing, distributing, copying, downloading, screen recording, screen sharing, or pirating of our content, or sharing of login credentials, is prohibited.

Consequences. Unauthorized use may result in immediate suspension or termination without refund, and we may pursue all available legal remedies.


22. “ACCESS UNTIL YOU PASS”

  1. Most Recent Paid Course Only. “Access Until You Pass” applies only to your most recent paid live course or program enrollment.
  2. Not Lifetime Access. This does not grant lifetime access to all future content or updates.
  3. Standard Access Window. Unless otherwise stated at checkout, Course Access begins on the course start date and continues for sixty (60) days after the course start date (one user license per account).
  4. Extensions/Re-Enrollment. Additional access may be granted at our discretion upon written request or through paid re-enrollment options.


23. ONLINE PORTAL CONTENT & UPDATED RECORDINGS

  1. Students receive access to videos, notes, recordings, and materials corresponding to the purchased course.
  2. New versions of lectures, additional questions, or updates are not automatically included with prior purchases.
  3. To access newer content, you must enroll in the updated course or upgrade to the Self-Paced Online Video Subscription.


24. COURSE SWITCHING / INCORRECT ACCESS

If mistakenly placed in the wrong course or Portal, we will correct the error by restoring access to the original course. Access to upgraded or newer versions is not included unless purchased or upgraded.


25. SUBSCRIPTION – SELF-PACED ONLINE VIDEOS

  • Price. $119 per month (subject to change).
  • Includes. Updated recorded lectures, practice questions, and additional content posted during your active subscription.
  • Separate from Live Tuition. Subscription must remain active to retain access.


26. SHARING AND RECORDING PROHIBITION

Strictly Prohibited:

  • Sharing login credentials.
  • Downloading, screen recording, screen sharing, copying, or distributing course videos or files.

Violation may result in immediate removal of access without refund and may lead to legal action and civil damages.


27. DAILY LOGIN MONITORING; ACCOUNT SECURITY

We may monitor login activity (timestamps, IPs, device patterns) to verify usage and prevent credential sharing or unauthorized access. Suspicious or excessive activity may result in temporary suspension pending verification.


28. LEARNING ACTIVITY LOGS

You consent to our collection of activity logs (logins, timestamps, modules viewed, assessments, IP/device data). These may be used to verify access, resolve support issues, or substantiate disputes/chargebacks. Progress resets do not erase logs.


29. REFUNDS, DISPUTES, AND CHARGEBACKS

(a) Refund Window. Refunds are available within 72 hours of purchase and before (i) course start or (ii) access to digital content, whichever occurs first.
(b) Digital Access = Delivery. Accessing digital materials constitutes delivery of services and waives refund eligibility.
(c) Good-Faith Resolution. You agree to contact [email protected] before initiating a chargeback.
(d) Evidence. You authorize us to provide relevant records, including order details and activity logs, in any dispute.
(e) Non-Payment. Unauthorized chargebacks may result in account suspension and pursuit of collections or legal remedies.


30. COPYRIGHT AND INTELLECTUAL PROPERTY

All materials (videos, lecture notes, slides, recordings, tutoring tools) are protected by copyright law. Unauthorized reproduction or distribution is strictly prohibited.


31. MISUSE OF SERVICES

Unauthorized sharing of credentials, course access, or materials is prohibited. We may suspend or terminate access without refund and pursue legal recourse.


32. NON-DISPARAGEMENT (WITH LAWFUL CARVE-OUTS)

You agree not to publish knowingly false statements about the Company or its staff. This does not prohibit truthful statements, lawful reports, or legally protected speech.


33. ENROLLMENT AGREEMENT (COURSES)

  1. Children. Students under 18 require parent/guardian consent; no one under 13 may enroll.
  2. One Person Per Account. Accounts may not be shared.
  3. Course Access. Access continues for sixty (60) days after the course start date.
  4. Late Arrival. No adjustment for student lateness.
  5. Rescheduling. The Company may reschedule instructors or sessions as needed.
  6. Cancellation by Company. If a course is canceled and cannot be rescheduled, tuition will be refunded.
  7. Withdrawals. Refunds permitted within 72 hours of purchase before course start or digital access.
  8. Transfers. Requests must be emailed to [email protected].
  9. Code of Conduct. Disruptive behavior may result in removal without refund.
  10. Recordings. Attendance constitutes consent to recording. Recordings remain Company property.
  11. Copyright. All materials and methods are proprietary and may not be copied or distributed.


34. PRIVATE TUTORING AGREEMENT

  1. Must be 18+ or have parental consent.
  2. Scheduling. Agreed upon mutually.
  3. Student Rescheduling. 24 hours’ notice required; otherwise, the session is forfeited.
  4. Tutor Rescheduling. Less than 24 hours’ notice grants a 50% time credit.
  5. Late Arrival. Student lateness not refunded; tutor lateness will be compensated.
  6. Tutor Changes. A replacement will be provided within two (2) weeks or tuition refunded.
  7. Withdrawals. Cancellations at least 7 days prior refunded minus a $49 fee; none after first session.
  8. Recordings. Sessions may be recorded for quality control.
  9. Additional Hours. Sold separately; tutor continuity not guaranteed.
  10. Refunds & Guarantees. No refunds after first session; outcomes not guaranteed.


35. RE-ENROLLMENT AND EXTENSION FEES

  1. Eligibility. Available for a fee.
  2. Fees. Re-enrollment: $199.99 (non-refundable).
  3. Access. Access reinstated for re-enrolled course.
  4. Academic Integrity. Must comply with Company integrity policy.
  5. No Refunds. Once processed, non-refundable.
  6. Termination. Extensions may be revoked for non-compliance.
  7. Amendments. Subject to change; notice provided via email or Portal.


36. PAYMENT; ELECTRONIC CONSENT

Full tuition is due upon enrollment unless a payment plan is available. You authorize us to charge any remaining balance to your payment method.

By purchasing, you consent to receive all notices electronically and agree that electronic signatures and records are valid and binding.


37. IMAGE AND TESTIMONIAL CONSENT

By submitting any photo, video, or testimonial, you grant NCLEX High Yield permission to use your image, name, voice, and likeness in promotional materials without additional compensation, unless agreed otherwise in writing.


38. NOTIFICATION OF CHANGES

We may modify these Terms at any time. Continued use of the Website or Services after updates constitutes acceptance.


39. WHOLE AGREEMENT; TRADEMARK NOTICE

These Terms, together with our Privacy Policy and related policies, form the entire agreement between you and NCLEX High Yield. NCLEX® is a registered trademark of the National Council of State Boards of Nursing, Inc., which does not endorse or sponsor NCLEX High Yield.


40. MOBILE (SMS/MMS) MESSAGING TERMS

By opting in, you consent to receive recurring text messages regarding courses, tutoring, and promotions. Message/data rates may apply. Reply STOP to opt out; HELP for help.

Age Restriction. Must be 13+; under 18 requires parental consent.
Prohibited Content. No unlawful, obscene, or discriminatory content.
Disputes. Governed by Section 20 (Arbitration).


41. UPDATES TO TERMS; CONTINUED USE CONSENT

You acknowledge that NCLEX High Yield may update Terms, including policies on (i) Portal access, (ii) subscription pricing, and (iii) course duration. Continued use constitutes acceptance.


42. CONTACT INFORMATION

Questions about these Terms should be sent to [email protected].