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Nursing Program in the United States – Terms & Conditions as of December 6, 2024

Terms and Conditions for Nursing Employment Program in the United States

These Terms & Conditions (hereafter referred to as the “Program Terms”) set forth the terms and conditions of the agreement between you (“you” or the “Participant”) and Cambridge Michigan Language Assessment LLC, dba Michigan Language Assessment (“Michigan Language Assessment,” “we,” “us,” or “our”), a Delaware limited liability company whose address is Argus 1 Building, 535 West William St., Suite 310, Ann Arbor MI 48103, and how you, as the Participant, engages with and participates in the Nursing Employment Program in the United States (the “Program”).

If you do not agree to these Program Terms, you may not participate in the Program. We reserve the right to change, modify, add, or remove portions of these Program Terms at our discretion. You also agree to adhere to any and all terms, policies, and/or regulations of any other services or products utilized throughout the Program, including those terms, policies, regulations, and guidelines applicable to the Michigan English Placement Test (the “M-EPT”), the Michigan English Test (the “MET”), on the Michigan Customer Portal, and on our website (https://michiganassessment.org).

1. ACCEPTANCE OF PROGRAM TERMS

By applying to and/or participating in the Program, you irrevocably agree to be bound by these Program Terms. We may change these Program Terms at any time and will use reasonable efforts to inform you of any material changes. Your continued participation in the Program is affirmative acknowledgement of any modification to these Program Terms and your continued agreement to be bound by any modified Program Terms.

2. PARTICIPATION AND ELIGIBILITY

Your ability to participate in this Program is conditioned upon your compliance with these Program Terms, as well as with any and all terms, policies, regulations, and guidelines applicable to any exam or product offered by Michigan Language Assessment and any third-party service provider utilized to administer those exams. Additionally, your participation in this Program requires you to adhere to the following, to Michigan Language Assessment’s reasonable satisfaction:

  • You must be at least 18 years old at the time of application to this Program;
  • At the time of application to the Program, you must meet the participation requirements set forth on the Program’s application landing page (https://info.michiganassessment.org/health-carousel), which may be revised from time to time by Michigan Language Assessment without notice to applicants or Participants of the Program;
  • All the information you provide to the Program must be accurate, current, and complete;
  • If Michigan Language Assessment, Health Carousel Travel Network, LLC, or any subcontractor of Michigan Language Assessment requests evidence to support your eligibility to Participate in this Program, you must respond and submit sufficient evidence;
  • You must comply with all applicable laws, rules, and regulations and not cause Michigan Language Assessment to violate any applicable laws, rules, and regulations; and
  • You must participate in good faith and to the best of your ability with all aspects of the Program, and you will not engage in any inappropriate or malign behavior which may compromise the validity and integrity of the Program, the M-EPT, or the MET, including but not limited to: cheating, fraud, harassment, exploitation, or falsification of information.

Should any noncompliance, fraud, or malpractice occur (as determined by Michigan Language Assessment in our sole discretion), Michigan Language Assessment may prevent your participation in this Program and/or any future Michigan Language Assessment program, as further described in Section 12.

3. DATA; AUTHORIZATION TO SHARE DATA

Participants acknowledge and agree that participation in this Program constitutes an agreement with Michigan Language Assessment, whereby Participants agree to take part in the Program and provide necessary personal data to enable Michigan Language Assessment, Health Carousel Travel Network, LLC, and subcontractors of Michigan Language Assessment to determine eligibility for the Program and to conduct the Program. The following personal identifiable information may be collected and processed as necessary for performing under these Program Terms and the Program (“Personal Identifiable Information”):

  • Full name;
  • Date of birth;
  • Email address;
  • Mexican citizenship status;
  • Telephone number;
  • City and country of residence;
  • Nursing licensure;
  • Occupation;
  • Education history;
  • M-EPT, MET, and National Council Licensure Examination (NCLEX) results; and
  • Other social demographic information.

By applying to and/or participating in this Program, you consent to the collection, storage, sharing, and use of your Personal Identifiable Information, as described herein. The Personal Identifiable Information collected from Participants will be securely stored and Michigan Language Assessment will use all reasonable efforts to protect against unauthorized access, disclosure, alteration, or destruction.

The Personal Identifiable Information collected from Participants will be shared with Health Carousel Travel Network, LLC and with subcontractors of Michigan Language Assessment, in our sole discretion. By applying to and/or participating in this Program, and therefore, agreeing to be bound by these Program Terms, you are expressly authorizing Michigan Language Assessment to share your Personal Identifiable Information with Health Carousel Travel Network, LLC and with subcontractors of Michigan Language Assessment, in our sole discretion. Michigan Language Assessment will not transfer or permit the transfer of your Personal Identifiable Information to any agent or subcontractor for any reason without first entering into a written agreement containing terms requiring that party to abide by substantially equivalent data privacy conditions that apply to Michigan Language Assessment in these Program Terms.

Participants acknowledge and agree that Personal Identifiable Information collected for the purpose of the Program will be processed as necessary to fulfill the Program’s objectives. Michigan Language Assessment does not process Personal Identifiable Information for the purposes of automated decision-making, including profiling. Should Michigan Language Assessment seek to further process your personal data for a purpose other than that for which it was originally collected, we will provide you with information about the new purpose and obtain your consent prior to engaging in such processing.

Participants acknowledge and agree that Personal Identifiable Information collected for the purpose of the Program will be retained only for as long as necessary to fulfill the Program’s objectives and comply with legal and regulatory obligations. Once the Program is completed and data analysis is concluded, the Personal Identifiable Information will either be securely deleted or anonymized in accordance with applicable data protection laws. Any and all information you provide to us will be treated as confidential and will be handled in accordance with these Program Terms.

Participants’ Privacy Rights

To the extent provided under your jurisdiction’s law, Participants may be entitled to certain rights concerning your personal data:

  • Right to be Informed: You may have the right to be informed about the collection and use of your personal data, as described in these Program Terms. If you have further questions about the collection or processing of your personal data, please contact us as described below.
  • Right to Access: You may have the right to view and request copies of your personal data.
  • Right to Rectification: You may have the right to request inaccurate or outdated personal data be updated or corrected.
  • Right to be Forgotten: You may have the right to request your personal data be deleted. Note that this is not an absolute right and may be subject to exemptions based on certain laws.
  • Right to Data Portability: You may have the right to ask for your personal data to be transferred to another controller or provided to you.
  • Right to Restrict Processing: You may have the right to request the restriction or suppression of your personal data.
  • Right to Withdraw Consent: To the extent your consent is required for the processing of your personal data, you may have the right to withdraw that given consent.
  • Right to Object: You may have the right to object to the processing of your personal data.

To exercise any of your rights as outlined above, please contact us at info@michiganassessment.org. We will respond to your request within one (1) month of receipt. If your request is particularly complex or if you have made a number of requests, we may extend this period by a further two (2) months, in which case we will inform you of the extension and explain the reasons.

Under certain circumstances, we may not be able to comply with your request, such as when complying with your request would conflict with our legal obligations or if there is a relevant exception under your jurisdiction’s law. In such cases, we will inform you of the reason why we are unable to fulfill your request.

International Data Transfers

As part of your application to and/or participation in this Program, you acknowledge that your personal data will be transferred to and processed in the United States and Mexico. The data protection laws in the United States and Mexico may differ from those in your home country, which means your personal data may not be subject to the same protections as you may expect. For example, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or other law enforcement requirements. Despite these risks, we will take all reasonable measures to protect your data, including implementing appropriate security measures and only transferring data that is necessary for the purposes of the Program, as described herein.

By applying to and/or participating in the Program, you acknowledge these risks and consent to the transfer of your personal information in connection with the Program to the United States and Mexico for further processing.

For any inquiries or additional information regarding your rights and how to exercise them, please contact info@michiganassessment.org. If you wish to lodge a complaint regarding how we process your personal data, you have the right to contact your jurisdiction’s data protection authority.

4. INTELLECTUAL PROPERTY

Products associated with this Program may contain Michigan Language Assessment’s confidential and proprietary information and all copyright, trademarks, and other intellectual property rights in those products are the exclusive property of Michigan Language Assessment and/or its licensors, business partners, and affiliates. No title or rights of ownership, copyright, or any other intellectual property is transferred to a Participant. Participants may not modify, copy, reproduce, and/or create derivative works, or republish, upload, post, and/or distribute any content provided to them for use in this Program without Michigan Language Assessment’s prior written consent.

5. DISCLAIMER OF WARRANTIES

ALL SERVICES OFFERED BY MICHIGAN LANGUAGE ASSESSMENT THROUGH THIS PROGRAM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT MICHIGAN LANGUAGE ASSESSMENT IS NOT LIABLE FOR ANY BREACH OF WARRANTY CLAIMS OR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

6. LIMITATION OF LIABILITY

MICHIGAN LANGUAGE ASSESSMENT IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE PROGRAM OR THE USE OF OUR TESTING SERVICES OR OUR THIRD-PARTY PROVIDERS’ SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF OPPORTUNITIES, EMPLOYMENT, OR EDUCATIONAL PLACEMENTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.

Michigan Language Assessment is not responsible for failure to fulfill our obligations due to causes beyond our reasonable control, including natural disasters, governmental actions, or technological failures not attributable to us.

Michigan Language Assessment does not assume and shall have no liability for the actions, failures, omissions, or services that are or are due to be provided by any third party in connection with the Program or the services Participants may request. Participants should carefully review any applicable privacy statements and other conditions of use.

If Michigan Language Assessment is found liable for direct damages arising from the Participant’s participation in the Program or Michigan Language Assessment’s services, the total liability of Michigan Language Assessment for any loss or damage, costs or expenses, including those arising directly or indirectly from the use of third-party services provided, shall not exceed five hundred dollars (US) ($500 (US)).

7. NO GUARANTEE

These Programs Terms are not and shall not be construed as a contract of employment. These Program Terms are not and shall not be construed as a guarantee by Michigan Language Assessment of any of the following to any Participant of the Program: completion of the Program, employment for any period of time, citizenship of the United States, immigration to the United States, or nursing licensure in the United States.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Michigan Language Assessment, its board members, officers, employees, and agents from and against any costs, losses, damages, liabilities, expenses, demands and judgments, including court costs and attorney fees, which may arise out of your acts or omissions under these Program Terms. Michigan Language Assessment’s failure to give written notice of any claim only relieves you of your indemnification obligations to the extent that you forfeit rights or defenses due to such failure. Michigan Language Assessment may assume and control the defense of the claim, and you agree to indemnify Michigan Language Assessment from and against costs, losses, damages, liabilities, expenses incurred for such defense.

9. FORCE MAJEURE

Michigan Language Assessment is not responsible or liable for failure to fulfill its obligations due to causes beyond Michigan Language Assessment’s reasonable control, including acts of God, natural disasters, strikes, lockouts or other industrial disputes, governmental actions, wars, riots, civil commotions, pandemics, accidents, or technological failures.

10. GOVERNING LAW

These Program Terms shall be governed by and construed under the laws of the State of Michigan without regard for principles of choice of law. Any claims, demands, or actions asserted against Michigan Language Assessment shall be brought in the Michigan Court of Claims. Participants consent to the jurisdiction of a court with applicable subject matter jurisdiction sitting in the State of Michigan with respect to any claims arising under these Program Terms.

11. THIRD-PARTY CONTENT

The Program may contain links or references to services, content, and information provided by third-parties. Michigan Language Assessment does not monitor or have direct control over any of this third-party content. As such, any linking or reference to this third-party content by Michigan Language Assessment does not constitute an endorsement, and we do not make any guarantee as to the accuracy or completeness of that information.

12. TERMINATION, DISQUALIFICATION, AND INVALIDATION

We reserve the right to terminate or discontinue this Program at any time, and to restrict, limit, or prevent a Participant access to this Program or any other related program of Michigan Language Assessment. These actions may be undertaken before, during, or after a Participant has been accepted into the Program, and their involvement in the Program may be revoked at any time.

We may disqualify any Participant if we have reason to believe that a rules violation, an irregularity, or cheating has occurred prior to, during, or after participation in the Program or related test administration. This can result in the withholding of a score report, or the invalidation of a previously issued score report.

We reserve the right to withhold the specifics of any investigation where irregularities or rules violations have been identified. These investigations relate to a secure test administration; disclosing any such details could expose our detection and prevention techniques and further compromise test security and/or the integrity of this Program.

Any termination, disqualification, invalidation, or similar action undertaken by Michigan Language Assessment will not limit or prevent any other legal remedies available to us. Michigan Language Assessment reserves the right to pursue all available legal remedies in the event that a Participant fails to adhere to these Program Terms and/or any and all terms, policies, and/or regulations of any other services or products utilized throughout the Program, including those terms, policies, regulations, and guidelines applicable to the M-EPT, the MET, on the Michigan Customer Portal, and on our website (https://michiganassessment.org).

13. SEVERABILITY

If a court determines that any term or condition in these Program Terms is illegal or unenforceable, then such term will be eliminated, and the remaining terms and conditions will remain in force and effect.

14. CONTACT

You may contact Michigan Language Assessment regarding any questions, concerns, or issues about these Program Terms through the Contact Us form on our website, or by the phone number or email address listed below.

Phone: +1-734-615-9629

Email: info@michiganassessment.org