Legal & Privacy Policy

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We are excited you are starting and we respect your investment, we’d like to start by ensuring we are in agreement with the following terms.

Take a few moments to review this page. By signing up for the The School of Modern Nursing-Somatic Nurse Coach Certification, you’re agreeing to these Terms and Conditions.  

We’ve written the terms 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 and use them as your own. 
• You will pay all invoices on time. 
• If you are on an installment plan, you agree to make each payment as scheduled.
• You fully understand our refund, withdrawal, removal, and change policies.
• We can use the 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 at any time.
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By enrolling in the Somatic Nurse Coach Certificate Program offered by The School of Modern Nursing and utilizing the Community & Course, you agree to the following terms and conditions .

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 Registered Nurse (LPN) that is in good standing with your state’s board of nursing. 

The Course
As a part of the Course, The School of Modern Nursingwill give you access to the:

• Course modules in the Community and Course platform
• Course materials designed to advance your understanding of the Course  and
• Archives of the Course Modules, and Course Materials (“Archives”) made available online for a period of three (6) months following the Course end date.
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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 are published on 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). Late payments may incur late fees. Payment in full is required for Course completion, and all payments must be received before you can receive your certificate of completion. 

If you select an installment plan upon enrollment – you agree to make all payments on time, as scheduled. If you choose to withdraw from the program (see below) – you are responsible for completing payment of your entire tuition.

Removal Policy
The School of Modern Nursing reserves the right to remove you from the Course if you fail to make payments as scheduled or violate 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 information outside the community and course. While your instructors will do their best to monitor such activity and give fair warning, we reserve the right to remove you without warning. 

The School of Modern Nursing also reserves the right to remove you from the course if you engage in any of the following behaviors:

• Do not complete your work as scheduled (which is outlined clearly in the course syllabus)
• Fail to communicate your lack of progress with your instructors. Course progress includes (but is not limited to) the online learning modules, videoconferences, and nurse coaching practicum hours. 
• Do not act in a professional manner with your peers and/or inhibit their progress. This includes (but is not limited to) failing to communicate effectively with them, not being flexible with your scheduling, and/or missing scheduled sessions with them. 

Any student who is removed from the course for any of the above reasons will not be eligible for a refund of any kind, is required to pay any outstanding tuition, will not be eligible to attend the in-person intensive (if applicable), may not be eligible to participate in future courses, and cannot use tuition that has already been paid towards any future courses. 

Refund Policy

To receive a refund of tuition paid , withdrawal must occur before accessing the certification course. To be eligible for a refund, you must provide written notice of withdrawal to learn@schoolofmodernnursing.com no later than 11:59 PST on the 72 hours from the enrollment day. If The School of Modern Nursing 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 withdraw any time after you have entered into the Course you will be responsible for 100% of the Course tuition and will not be entitled to a refund of any amount already paid. You also may not be eligible to take another course in the future with The School of Modern Nursing. 
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Upon The School of Modern Nursing receipt of your notice to withdraw, you will no longer have access to the community of course 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 The School of Modern Nursing via a mailing service with tracking at your expense.

If you choose to withdraw from the program after the course begins, you agree to schedule a phone call with your Dean of The School of Modern Nursing in order to discuss your decision to step back from the course and allow us the opportunity to support you.

Change Policy
You may request to change the start date of your Course one time, as long as :

1. You give The School of Modern Nursing twenty-one (5) days advance written notice before your start date. 
2. You’ve paid at least $700 of the certification total

If approved by The School of Modern Nursing to change your course start date, and you will continue to pay the rest of the total amount due for the certificaiton.

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 community and on any The School of Modern Nursing 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 The School of Modern Nursing 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 The School of Modern Nursing. You acknowledge that the Materials constitute commercially valuable and confidential property of The School of Modern Nursing, 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 The School of Modern Nursingin such a manner as to make them the distinctive property of, and proprietary to, The School of Modern Nursing, 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 The School of Modern Nursing.

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 The School of Modern Nursing.

Your Content
You represent that you own all intellectual property rights in any materials that you publish through the community (“your content”), or have permission to do so, and agree to defend, indemnify, and hold The School of Modern Nursing 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 The School of Modern Nursing an irrevocable license to save, publish, and share the content you share on the community & course.

Non-Competition
You understand and acknowledge that The School of Modern Nursing has devoted extensive time, effort and financial resources to promoting and developing the Course. In recognition of The School of Modern Nursing efforts, and in consideration of The School of Modern Nursing having made available to you the Materials, you agree that, during your participation in the Course and for a period of two (1) year 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 The School of Modern Nursingand/or (ii) the primary or secondary purpose of which is to educate, train, teach, and/or otherwise provide instruction to nurses. 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 The School of Modern Nursing legitimate interests and that The School of Modern Nursing 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 The School of Modern Nursing 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 The School of Modern Nursing 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 community are provided on an “as is,” “as seen” and “as available” basis. You agree that your participation in the Course and use of the community and its content is at your sole risk. To the fullest extent permissible under applicable law, The School of Modern Nursing 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 The School of Modern Nursing 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. The School of Modern Nursing does not make any warranty that the community of course 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, The School of Modern Nursing, 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 The School of Modern Nursing, its members, officers, directors, employees, agents, affiliates, and licensors.

Complete Agreement
These Terms and our Privacy Policy represent the entire agreement between you and The School of Modern Nursing 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
The School of Modern Nursing 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 community page. Your continued use of, or access to the Course, and/or the community, and/or other The School of Modern Nursing 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 The School of Modern Nursing 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 Georgia. 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 JAMS Atlanta Mediation & Abitration Services and according to JAMS 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, The School of Modern Nursing reserves the right to seek injunctive relief in any competent court for an infringement on our intellectual property.

• authorize The School of Modern Nursing 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 course or membership communities.
• 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. 

Additionally, you authorize The School of Modern Nursing to record you during any in-person events (audio/visual) and use those recordings in promotional materials. We will never use any audio recordings that contain sensitive information. 

Not Medical Advice
All content from The School of Modern Nursing including text, images, audio, video, Course material, or other formats were 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 The School of Modern Nursing, 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 Modern Nurse Mastermind.

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 The School of Modern Nursing.

No Endorsement
The School of Modern Nursing does not endorse any specific tests, physicians, products, or procedures.  Links to educational content not created by The School of Modern Nursingare taken at your own risk. The School of Modern Nursing 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.