Terms & Conditions

These Terms and Conditions govern your use of our website, nshcoa.com (“our site” or “this site”) and any portion thereof. Please read these Terms and Conditions carefully before using our site. By using our site, you are indicating that you agree to all of the Terms and Conditions set forth herein. Also, you are indicating that you understand that NSHC may revise the Terms and Conditions from time to time without providing any notice to you. You should visit this page periodically to review the Terms and Conditions, because your continued use of this site after we have revised the Terms and Conditions will indicate that you accept them as revised.

IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THIS SITE OR USE ANY OF THE PRODUCTS, SERVICES, OR CONTENT PROVIDED ON OR THROUGH THIS SITE. In these Terms and Conditions, “you” and “your” refer to any and all individuals and/or entities accessing this site for any reason.

Privacy: Information Collection, Use, and Sharing 

We are the sole owners of the information collected on nshcoa.com. We collect information that you voluntarily provide to us during your registration, via email or via other direct contact with us. We do not sell, rent or share your information with third parties outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order or to verify a certification qualifying credential with the credentialing body.

NSHC requires each new member at the time of registration to self-assign a personal 4 digit confidential code that is used by NSHC for identifying purposes during phone calls related to member testing information.

As a health coach certifying body we collect testing information that consists of member test date, test grade, test answers, and test attempts.  Testing information is never shared with any third party including employers, group Id holders, professional licensing or credentialing bodies.

With a current NSHC membership, you may:

• Access your registration data maintained in the NSHC member database.
• Change/correct/update your registration data.
• View your test results, test dates and any certificates earned

Use of This Site

This site is owned and maintained by FVI School of Nursing and Technology – the parent company of the NSHC.   FVI on behalf of the NSHC grants you a limited license to access and make personal use of this site, subject to the Terms and Conditions herein.

FVI authorizes you to view and access a single copy of the NSHC Content (defined below) available from this site solely for your personal, non-commercial use. You agree not to copy, create derivative works, duplicate, display, distribute, download, upload, modify, publish, publicly perform, sell, resell, transmit, transfer, or exploit for any public or commercial purposes any portion of the NSHC Content, which is defined throughout these Terms and Conditions as all of the products, services, and information, including, but not limited to, all of the page headers, images, graphics, text, logos, button icons, design, layout, data compilations, software (including source code), sounds, music, books, PDF files, video files, and data (collectively, the “Content”) provided on nshcoa.com.

You must retain all NSHC copyright, trademark, service mark, and other proprietary notices contained in the original content in any authorized copy that you make of this site.

This site may be used only for lawful purposes by individuals who are either studying the health coaching program online at the site or who are interested in obtaining information about the NSHC testing, certifications, certificates, study material or related products and services. You are not authorized to use this site or Content, except as indicated above, in any manner, including, without limitation: (1) in violation of any applicable law, order, or regulation; (2) in a way that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others, or (3) that is defamatory, obscene, threatening, abusive, or hateful. In addition, you shall not breach the security of this site, including, without limitation: (a) accessing data not intended for you or logging into a server account that you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach a security or authentication measure of this site and/or Content without proper authorization, and/or (c) using viruses, spamming, flooding, or any other action to interfere with service to any user, host, or network.

Your NSHC Account

If you use this site, you are responsible for maintaining the confidentiality of your personal 4-digit confidential code, your login password and for restricting access to your computer when logged into nshcoa.com, and you agree to accept responsibility for all website activities that occur while logged in under your password.

User-Submitted Content

All user communications made to or through nshcoa.com are referred to as “User-Submitted Content.” By submitting content, you agree that your submitted content:

• is not illegal, indecent, profane, threatening, or defamatory; and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.”
• does not infringe on the copyright, trademark or other intellectual property rights of any person or entity, or contain any confidential or proprietary information of any person or entity, or otherwise, violate the legal rights of any person or entity.
• does not contain personally identifiable information about other persons, such as their phone number, contact information or email address, or information about any person that could result in an invasion of their privacy or their harassment.

NSHC reserves the right (but not the obligation) to remove any content for any reason from nshcoa.com.

Electronic Communications

When you use or visit nshcoa.com or send emails to us, you are communicating with us electronically and you therefore expressly consent to receive communications from us electronically. We will communicate with you by email or by posting notices on nshcoa.com or through the member’s private listserve, and you agree that all agreements, notices, disclosures, and other communications provided to you electronically by NSHC satisfy any legal requirement that such communications be in writing.

Proprietary Rights Digital Millennium Copyright Act Compliance

This site is protected by U. S. and international copyright laws. FVI and/or NSHC has exclusive rights to or has been licensed by third parties to use all of the Content (as defined above). All Content is subject to trademark, service mark, trade dress, copyright, and/or other intellectual property rights or licenses held by FVI on behalf of NSHC including the selection, coordination, arrangement, and enhancement of the Content. The entire Content of our site is protected by U.S. copyright laws as a collective work.

As previously stated above, you may not copy, create derivative works, duplicate, display, distribute, download, upload, modify, publish, publicly perform, sell, resell, transmit, transfer, or exploit for any public or commercial purposes the Content. Any of these uses of the Content, or any portion thereof, or use of the Content for any purpose other than as explicitly authorized herein constitutes an infringement of FVI copyrights and other proprietary rights. Use of the Content on any other website or other networked computer environment is prohibited.

Digital Millennium Copyright Act (“DMCA”).

Please contact us if you believe that your rights under copyright law are being infringed by FVI or NSHC by your copyrighted work being uploaded, posted, copied, or otherwise provided to this site. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512). Please provide us with a written, signed notice of alleged NSHC infringement of your copyright(s) by contacting our Designated Agent Here

Termination of Access of Repeat Infringers.

As a condition to your use of this site, you agree not to use the site to infringe the intellectual property rights of others in any way. We will terminate the access of any users (including terminating their login and password) and block access to this site and any other NSHC websites of any users who are repeat infringers of the copyrights or other intellectual property rights of others. NSHC reserves the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User whose access is terminated or blocked.

No Warranties

THIS SITE AND ITS CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT NEITHER NSHC OR ITS CORPORATE OWNER, MILLER & HUFFMAN OUTCOME ARCHITECTS, LLC (FVI), NOR ANY OF ITS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ANY CONTENT ON NSHCOA.COM MAKE ANY GUARANTIES OR WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE AND CONTENT OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE CONTENT WILL BE FREE OF ERRORS, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD-PARTY RIGHTS.

FVI’s NSHC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM OR PROVIDE TO THE SITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS, AND OTHER COMPUTER PROGRAMMING ROUTINES OR ENGINES THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR INFORMATION.

NO ADVICE, OR ANY OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Our website may only be used for information purposes and is not intended to constitute advice in any specific situation and should not be relied upon in making, or refraining from making, any decision. You should not rely on our website to make (or refrain from making) any decisions or take (or refrain from taking) any action.

Limitation of Liability

FIV’s NSHC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY:

1. YOUR USE OF, INABILITY TO USE, OR RELIANCE ON, ANY PART OF THIS SITE OR CONTENT,
2. (II) ANY ERRORS OR OMISSIONS IN ANY PART OF THE SITE OR IN THE CONTENT THEREIN, OR
3. (III) FVI OR ITS NSHC OR ANY OTHER PERSON’S PERFORMANCE OF ANY OBLIGATIONS UNDER OR IN CONNECTION WITH THE TERMS AND CONDITIONS. IN NO EVENT WILL NSHC OR ANY OF ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, in which case the liability of FVI AND/OR NSHC and its members, managers, directors, officers, employees, representatives, affiliates, and agents shall be limited in accordance with these Terms and Conditions to the fullest extent permitted by law. You specifically waive any claims you may have arising out of your use of nshcoa.com. Without limiting the foregoing, if NSHC or any of its members, managers, directors, officers, employees, representatives, affiliates, and agents is found liable to you for any claims or matters arising under or in connection with these terms and conditions, our aggregate and maximum liability for all such matters and claims shall not exceed the total amount paid by you to FVI, if any, for the specific service or product giving rise to such liability. You expressly agree that use of this site and Content on nshcoa.com is at your own risk. Any Content downloaded or otherwise obtained through this site is done so at your own initiative and you are solely responsible for any damage to your computer system or loss of data resulting from such Content.

Linked Sites

On this site, there are links provided to websites maintained by third parties of which FVI or NSHC has no control. Any links provided to third-party websites or information supplied about third parties on the NSHC website are supplied as a convenience. Linked sites are not under the control of FVI or the NSHC; we take no responsibility for the accuracy, content, or any aspect of such third-party content, and disclaim any liability to you for such content or for any consequence of your decision to use the links provided or your use of such content.

We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you by any third party. The inclusion of a link or third party information does not imply endorsement by FVI or the NSHC of the linked site or third party information, any organization or person associated with the linked site or third party, or any products or services offered or marketed through the linked site by the third party.

Your purchase of products or services through a third-party site is subject to agreements and/or the terms and conditions in effect between you and the third party providers of products and services. You agree that you shall not bring a suit or claim against FVI OR NSHC or any of our affiliates arising from or based on your purchase or use of products, services, or content through such third-party sites.

Links do not imply that NSHC sponsors, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of FVI’s NSHC.

Email and Other Communications

When you register your information at nshcoa.com, you consent to receive member information concerning NSHC’s health coach certification programs, policies, products, or services as this is the only means by which this information will be shared.

Modifications

FVI reserves the right to add or change the NSHC site and the Terms and Conditions and any other policies governing the NSHC site at any time. Any changes will be posted on the NSHC site and it is your responsibility as a user to ensure that you are aware of any such changes from time to time, and users are deemed to be apprised of and bound by any changes to the NSHC site.

Termination and Investigations

FVI and/or NSHC, in its sole discretion, reserves the right to decline, suspend, terminate, alter, and/or modify your access to this site and any and all Content on this site at any time and for any reason, including those set forth above under “Use of this Site” and any indicated in our Privacy Policy. If we believe your conduct or any information you provide to the NSHC site materially fails to conform to the NSHC Website Terms and Conditions, we reserve the right to investigate, involve, report to, and cooperate with law enforcement, governmental, or other authorities concerning such conduct, and to pursue a civil lawsuit, criminal prosecution, or other action for any alleged or actual illegal, fraudulent, or other unauthorized activities involving the NSHC site or any of the services provided herein, with or without notice. Any report made to law enforcement, governmental, or other authorities may be made without notice to you. However, subject to our discretion or where compelled to do so, we may notify you of termination of access to the NSHC site via email or other written notice to the address you provide to us in the sign-up process. After the termination, you will not be authorized to access or use the service, and you shall cease all such access and use. Upon termination, you agree to immediately discontinue your use of the NSHC site and destroy all Content obtained from it.

General

Your agreement to the NSHC Website Terms and Conditions does not confer any rights, remedies, or benefits upon any person other than you and NSHC and/or FVI. You may not assign any rights under these Terms and Conditions without the prior written consent of NSHC. The Terms and Conditions shall be binding on and inure to the benefit of the parties and their respective successors and assigns. Should any provision of the NSHC Website Terms and Conditions be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. The NSHC Website Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Tennessee, U.S.A., without effect to any principles of conflicts of law, and the federal law of the United States.

Complete Agreement

The NSHC Website Terms and Conditions constitute the whole legal agreement between you and FVI’s NSHC and govern your use of the NSHC website and any content and completely replace and supersede any prior agreements between you and FVI and/or NSHC, whether written or oral, in relation to the website or any service thereof.

Severability

If a provision of the NSHC Website Terms and Conditions is found to be invalid, illegal or unenforceable in any respect, the court may modify it to make such provision enforceable or in the alternative remove it without affecting the rest of the NSHC Website Terms and Conditions. The remaining provisions of the NSHC Website Terms and Conditions will continue to be valid and enforceable.