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Evolve terms and conditions

General

Faculty and students (“You” and “Your”), by using the Evolve learning management system (“LMS”) at https://evolve.‌elsevier.com(opens in new tab/window) ("Site") and accessing products and services such as HESI, Shadow Health, Sherpath or SLS (including mobile applications) (“Product” or "Products") provided to You on, from, or through the Site via Your computer, tablet or smartphone (each a “Device”), by any Elsevier group company worldwide ("Elsevier,” “We,” and “Our”), You agree to (1) Elsevier’s Terms and Conditions, https://www.elsevier‌.com‌/‌legal/‌‌elsevier-website-terms-and-conditions(opens in new tab/window) and (2) Elsevier's Privacy Policy, https://www.elsevier.com‌/legal/‌‌privacy-policy(opens in new tab/window), each incorporated by reference herein, and (3) these Evolve Terms and Conditions (collectively "Terms"). These Evolve Terms and Conditions will take precedence over any conflicting provisions of the Elsevier Terms and Conditions. These Evolve Terms and Conditions may include additional terms or products requirements applicable to the Products You use, and will apply equally to all users, except where noted. If You do not agree to all of these Terms, do not access or use the Site or the Products available on the Site.

Your Account

If You do not have an Evolve account, You will need to register for an account with Evolve to use the Site from any Device. You will be required to choose a contact email address and password. You are responsible for all sessions and transactions made using these details. You should keep Your password safe and not disclose it to anyone. You should change it immediately if You feel it has been compromised.

As a condition of Your use of the Site and/or any Products, You warrant that You will not use the Site and/or any Products for any purpose that is unlawful or prohibited by the Terms of Use. You agree not to obtain or attempt to obtain any materials or information not intentionally made available to You on the Site and/or any Products.

You are responsible for any charges incurred to access the Site and/or any Products from any Device, such as telephone and other equipment charges, and fees charged by an Internet access provider or other third-party service.

Access Codes and/or Adoption Requirements

Some Products including, but not limited to, Sherpath, Elsevier Adaptive Quizzing, Elsevier Adaptive Learning, Nursing Concepts Online, Resources, Online Courses, HESI Assessment, HESI Case Studies, HESI Compass, HESI Practice Tests, HESI Patient Reviews, Shadow Health, Simulation Learning System, Virtual Clinical Excursions, SimChart, SimChart for the Medical Office, SimPractice, Exam Review, and e-Books available on the Site may require students to purchase via a credit card and/or redeem an access code.

Faculty: You acknowledge and agree to inform Your Students of the need to adopt and/or purchase the required textbook(s) and/or access cards needed to access and utilize such Products on the Site or Your local learning management system.

Students: You acknowledge and agree that you have adopted and/or purchased the required textbook(s) and/or access cards needed to access and utilize such Products on the Site or Your local learning management system.

Product Trials

Elsevier reserves the right to modify the length or end trial periods at any time.

Faculty: Upon Elsevier’s written approval, You may obtain a trial of select Products. For avoidance of doubt, Your students may not be enrolled into trial Products during the duration of Your trial. Upon expiration of the trial period, the Products will not be accessible from the Site unless You decide to adopt the Product. If You adopt the Product during and/or upon completion of such trial, You will be required to adopt the required textbook(s) and/or access codes, where applicable, and require that all students enrolled Your class purchase the required textbook(s) and/or access codes or packages, where applicable.

Students: You may obtain a trial of select Products if: 1) You are currently enrolled in an instructor-led course that utilizes such select Product(s), 2) You have not previously started another trial of the same Product(s) or title(s), and 3) You currently do not have a valid entitlement to the Product. Upon expiration of the trial period the Products will not be accessible from the Site unless You purchase, access, or redeem an access code to continue access to the Product.

Downloads

You understand that some Products may allow for the download of copyrighted content to Your Device. As a registered user of the Site, You are granted a non-transferable, non-exclusive and revocable license to access copyrighted content that You download, and to reproduce and store portions of copyrighted content in either, (i) Your capacity as an authorized faculty member, if applicable, or (2) for Your non-commercial, personal use as a student, if applicable, both in accordance with the Terms. Additionally, You may, including but not limited to, view all copyrighted content of any and all downloads until such downloads expire, print and/or copy and paste digital pages for Your personal, non-commercial use and reference in connection with courses, personalize bookmarks, and add personal notes.

Faculty: You may display copyrighted content within Your classroom as part of Your instructional curriculum provided, however, You do not upload such content to any other third-party sites, including but not limited to, any test banks.

FERPA

To the extent that Elsevier accesses “education records” subject to the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g et seq., and the regulations promulgated thereunder, as amended (“FERPA”), Elsevier shall be considered a "school official" with “legitimate educational interests” in such “education records,” as those terms have been defined under FERPA, and will comply with its obligations under FERPA.

You acknowledge that, as part of the intended functionality of the Site and/or Products, student data may be shared with and made available to administrators and faculty of Your institution (e.g. to evaluate scores on assignments taken by students within the Platform and incorporate them into course credits or grades, to resolve academic honesty disputes, etc.).

Faculty: In addition to the acknowledging the above paragraph, You further acknowledge and agree to treat data referenced in this section as an education record.

Other Platforms

Some Products are available directly via the Site whereas other Products are available through an LTI integration through certain local institutional learning management system platforms. Single Sign-On may only be used to access Products hosted on Elsevier systems. In such instances, You understand that since such Products will be running on Your local system rather than the Site, student account creation and course enrollment on Your Institution’s system must be performed by Your Institution and not Elsevier. Any problems related to local school system access should be directed to Your local technical system support resources.

Data Collection

We may collect information from You (directly or through third party vendors we retain) or from a third party who is authorized by You or otherwise permitted by applicable law to share information with us (for example, Your institution) in situations such as the following:

  • Registration. When You create an account on our Service, make a purchase, register or log in to access or use the Products, functions or features.

  • Communications. When You communicate with us.

  • Learning and Assessment Activities. When You use our Site and/or our Products, information about faculty feedback to students, and various metrics related to student learning behaviors and the course is recorded.

  • Simulation Activities. Your responses and other information obtained through Your use of our simulation Products are collected.

  • Surveys and Panels. If You participate in our panels about our Products or our market research surveys.

  • Social Media. If You use or interact with our company or Product accounts on social media and networking pages and applications, such as Facebook, Instagram, LinkedIn and others.

Data Retention

All data related to Your registration for access to, or personalization of the Products, we will be retained throughout the time You remain active in Your use of the Products on the Site. Elsevier shall delete or anonymize Your registration data within six (6) years following the date of Your last activity.

All data related to Your access and use of the Products available on the Site, including any information on specific activities performed, including services selected, searches conducted, alerts history and associated billing-related data, we would retain the data throughout the time the customer or user is active in the related Product(s) or service(s), and delete or anonymize the data 6 years following the date of last activity.

Postings In Your Name

Your postings shall be accompanied by Your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for Your participation in an interactive area allows You to create a screen name, You may select and use a screen name that is not Your real name, if You use Your real name when registering for participation in the interactive area. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.

Trademarks

Evolve® Sherpath®, Shadow Health®, HESI®, HESI Compass® are registered trademarks of Elsevier Inc. in the United States and other jurisdictions. NCLEX®, NCLEX Next Generation, NCLEX-RN®, and NCLEX-PN®, are federally registered trademarks and service marks of the National Council of State Boards of Nursing, Inc. ExamView® is a federally registered trademark of Turning Technologies. All other trademarks appearing on this Site are the property of their respective owners.

Changes in Terms of Use

Elsevier reserves the right to update and modify the terms of this Agreement without advance notice to You and such changes will be effective immediately when posted on the Site and will govern Your continued use of the Products. Any use of the Products by You after such notice shall be deemed to constitute Your acceptance of such changes or modifications.

Updates

Updates may be made to Products on a periodic basis by Elsevier without notice to Users.

Feedback

Elsevier always welcomes suggestions and comments regarding the Site, the Products or Elsevier. Any comments or suggestions submitted by You will become Elsevier’s property upon submission

Liability

IN NO EVENT SHALL ELSEVIER BE LIABLE FOR ANY CLAIM OR DAMAGES ARISING IN WHOLE OR PART FROM THE FOLLOWING ACTS OR OMISSIONS OF STUDENTS, FACULTY, OR INSTITUTIONS: (I) CUSTOMIZATION OR ALTERATION OF ANY PORTION OF THE PRODUCTS; OR (II) ANY MATERIALS FURNISHED BY FACULTY OR INSTITUTIONS AND INCORPORATED INTO THE PRODUCT BY ELSEVIER THAT INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; (III) FAILURE OF FACULTY, STUDENTS, PROCTORS, OR INSTITUTIONS TO COMPLY WITH ELSEVIER’S TEST SECURITY AND TEST ADMINISTRATION POLICIES AND PROCEDURES OR (IV) ANY NEGLIGENT ACT OR OMISSION.

Rights after Termination

Your right to use and otherwise access the Products may be automatically terminated if You violate the Terms.  Furthermore, Your right to use and access the Products may also be terminated if You no longer remain affiliated with the institution listed at the time of registration. Upon termination for any reason, except as otherwise noted herein, You must cease all access to the Products. All provisions of the Terms as to disclaimer of warranties, liability, Elsevier’s ownership rights, and Your representations shall survive termination.

LEARNING TOOLS INTEROPERABILITY (LTI) INTEGRATION REQUESTS

Faculty: While Elsevier hosts this Site, Your institution maintains the ability to manage users, groups and settings, much like other locally hosted systems. In the event You wish to link Elsevier Products to Your local institutional learning management system, please contact Your institution’s Administrator. Institutions may submit LTI integration requests to Elsevier. Such requests will be subject to additional terms and conditions.

Evolve LMS - Product Archiving

Faculty: Any of Your courses that have not had any users enrolled into such courses within six (6) months from the course creation date will be removed from the Site, placed in an archive. If applicable, You will be moved into a shared course with access to the same Elsevier content, if available. Courses based upon inactivity criteria will be removed from the Site and placed in an archive. Courses will be stored in the archive for a period of one (1) year from the date of archive. If Your course has been archived and You would like it reinstated You must submit a ticket at http://evolvesupport.‌elsevier.com(opens in new tab/window).

Evolve LMS - Deleted Content

Faculty: Features of this Site allow You to hide or remove content distributed to Your students. Content that is deleted from a course cannot be retrieved at a later date. If content is accidentally deleted from a course, a request to recreate the content may be made through a ticket submission at http://evolvesupport.elsevier.com(opens in new tab/window). Elsevier reserves the right to charge for recovery, deny any such request, or accept the request without any set timetable for completion.

Payment

  • Installment Billing 

Students: Installment billing may be available to You in select situations for Your purchase of the Products. Where installment payments are applicable, You must complete installment payments by the respective semester add/drop date in order to have continued access to Products. If installment payment is not made, access to the Products will be revoked until Your payment(s) are current. Your instructor may receive communications regarding Your lack of access to a Product due to Your failure to pay for access in a timely manner.

  • Refunds

Students: You can obtain a refund or credit for purchases of instant access digital Products within two (2) business days of Your purchase through the Site by contacting our Customer Support Team. After this period Elsevier will not issue any refunds or credits for purchases. Where installment billing is utilized, You will eligible for a refund up to that respective semester add/drop date.  No additional refunds will be issued in the event that You access the Products after that respective semester add/drop date. In the event You extends Your original graduation date for more than one (1) year past the original program completion date, Elsevier reserves the right to assess additional subscription fees or require You to purchase additional access codes for components of the Products a-la-carte to receive continued access to the Products through Your revised program completion date.

  • Returns

Students: You may return print books and electronic Products (excluding instant access digital Products or Products purchased within a package) within thirty (30) days from the invoice date for a full refund. These items must be in saleable condition. You will be responsible for and will pay the cost of returning the items to Elsevier by the same method as they were delivered.

Evolve LMS - Self-Study

Students: Some Products on this Site offer self-study options that allow You access without the supervision of an instructor and without receiving college credit or continuing education credit. All self-study Products are provided only on this Site and may expire after an indicated timeframe. Elsevier reserves the right to charge for Product renewals, discontinue, or change the Site or its availability to You, at any time without notice.

Learning and Aggregated Analytics Data

Students: Data will be generated in the course of Your use of the Site and/or the Products and related services, which may include, but not be limited to, Your student record, Your installment payment plan, academic performance, test results, Your grades and quiz scores, instructor feedback, Your personal learning behaviors including various metrics related to Your learning and remediation of particular subject materials ("Learning Data").  Elsevier, through its Site and/or Products, will collect, maintain, process, have access to, and use Learning Data to:

(i) confirm Your identity to ensure authorized use and security for the Products

(ii) analyze and provide relevant information about Your learning (including adaptive and remediation) and usage of the Products to You as well as Your instructor(s) and administration at the Institution You are affiliated with

(iii) analyze (separately or with data that Elsevier receives from third parties) for developing and improving the Products,

(iv) generate reports and analytics around learning and performance (both individual and for entire class/cohort) for use by Your instructor(s) and administration at the institution You are affiliated with

The Learning Data along with general usage data may be used in the aggregate, anonymous, and de-identified manner by Elsevier for analysis related to benchmarking, research and analytics, Elsevier product development and improvement, general metrics about Your Institution’s performance as compared to other institutions when delivered at the institution, program or cohort-level (collectively "Aggregated Analytics Data").  Such Aggregated Analytics Data may also be used for providing student-level metrics to Your Institution’s faculty and/or administration for the intention of assessing and predicting Your learning and NCLEX licensure exam performance.

Products

eBooks

This section covers access and use of eBooks.

Additional Terms

Access to and use of eBooks may be subject to additional Terms of Use as set forth in individual Product sites, including at https://www.cerego.com and https://www.skyscape.com.

Access and Limited License

Upon purchase, Elsevier grants users a worldwide non-exclusive, non-transferable, revocable, limited license download to Your mobile device and/or access online the eBook(s) via Vitalsource.

Permitted Usage

Users may:

  • access the eBook Online (browser based) for a period of three years from the date access is made available

  • access to Book Offline (application based) in perpetuality for as long as book is available on their local machine

  • search, view, retrieve and display the Licensed Materials for their own personal non-commercial use

  • print up to 20% per single eBook unless a greater amount is permitted on a per title basis

Prohibited Usage

Users may not:

  • host the eBooks on an internet website or link to the eBooks from any outside sources

  • copy, download or integrate the eBooks into other software in any way

  • create copies that remove or alter the authors’ names or the Elsevier’s copyright or other means of identification

  • upload or distribute any part of the content or provide access credentials or log in details which allow access to the eBook by unauthorized parties

  • attempt to reverse compile, disassemble, reverse engineer, or otherwise reduce to to human-perceivable form all or any part of the eBook and/or ancillary materials

  • use all or any part of the eBook for any commercial use

  • copy, duplicate, publish, create derivate works from, republish, download, distribute or make available all or any portion of the eBook other than as permitted in this Agreement.

Sherpath

This section covers the access and use of the electronic content products on the Sherpath® platform (“Sherpath”).Access Faculty: Upon adoption approval by Your institution, access to Sherpath will be available either via the Site, through Your institution’s LMS or through an LMS provided by Elsevier. Students: Upon Your purchase via eCommerce or Your redemption of access code, access to Sherpath will be available either via the Site, through Your institution’s LMS or through an LMS provided by Elsevier.Permitted Usage Users may:

  • Faculty: In accordance with the Acceptable Use policy, You may access, view, and use the instructional content (including facilitator packets, guides, manuals, animations, videos and other multimedia content) within the Sherpath related to and in connection with courses or modules offered by You to students (“Course(s)”) for instructional education and training use. You may also print, download and locally store facilitator packets, guides and manuals for instructional education and training use only.

  • Students: In accordance with the Acceptable Use policy, You may access, view and use the educational content of any simulation scenario in any learning module within the Products that Your Instructor has configured on the Products related to and in connection with each Course You are enrolled for.

Prohibited Usage Users may not:

  • screen shot or print any of the content within the Products

  • share any components of Product with any third-party including faculty, students, or competitor companies

  • log in or access the products via another User’s account

SLS/SimChart classic/SLS with VR

This section covers access and useofSLS, SimChart Classic, and SLS with VR.Additional Terms For SLS with VR, Your use of the SimX platform and the VR headset shall also be subject to the SimX Terms and Conditions set forth at https://docs.google.com/viewerng/viewer?url=https://‌static-assets‌.simx-infra.com/SimX+Terms.pdf. Hardware providers may have additional terms and conditions that users may be required to adhere to. Such terms and conditions are outside of the control of Elsevier.

Access

Faculty: You shall require students to purchase access codes/enrollment for modules used in connection with Your Courses in which such students are enrolled.

Students: Your Access to SLS, SimChart classic and/or SLS with VR for modules used in connection with Courses in which You are enrolled shall be authenticated through the use of access codes or paid enrollment via the Site. Elsevier reserves the right to suspend Your access if full payment is not made.

Module Configuration

Faculty: Upon adoption by Your Institution, You can configure modules within SLS and/or SimChart classic for Your Courses by submitting requests via the Site.

Permitted Usage

Users may:

  • Faculty: You may access, view and use the instructional content (including facilitator packets, guides, manuals, animations, videos and other multimedia content) within SLS, SimChart classic and/or SLS with VR related to and in connection with courses or modules offered by You to Students (each, a "Course") for instructional education and training use. You may also print, download and locally store facilitator packets, guides and manuals for instructional education and training use only.

  • Students: You may access, view and use the educational content of any simulation scenario in any learning module within the Products via the Site that the Your Instructor has configured in connection with each Course You are registered for.

Prohibited Usage

Users may not:

  • screen shot or print any of the content within the Products

  • share any components of Product with any third-party including faculty, students, or competitor companies

  • log in or access the products via another User’s account

Shadow Health

This section covers access and use of the Shadow Health® platform and simulation content modules (Platform and Content, collectively, "Shadow Health")

Additional Terms

Use of Shadow Health is subject to additional Terms of Use as set forth at https://www.shadowhealth.com(opens in new tab/window).

Curriculum Integration and Training

Faculty: To ensure successful integration of the Product into Your institution’s academic curriculum, (i) You will participate in Shadow Health comprehensive training workshop prior to utilization in a Course; (b notify Your Students prior to the beginning of the semester that the Product is a required Course material; and (c) use the Product to assign modules to Your students and review reports generated by the Platform to assess Your students educational progress towards achieving the learning outcomes.

Permitted Usage

Users may:

  • access, view, and use the Products related to and in connection with courses or modules

Prohibited Usage

Users may not:

  • share any components of Package with any third party including other students or competitor companies

  • screen shot or print any of the Content

HESI

This section covers the access and use the HESI™ examination testingmaterials ("Tests"), remediation and review products (collectively, "Testing Package"), including any enhanced remediation products, or Compassaccess.

Permitted Usage

Users may:

Faculty:

  • access, view, and use the Testing Package related to and in connection with courses or modules, as well as your student’s performance pages

  • access, view, and use the review materials, assessments and services within Compass

  • print, download, or customize remediation content within Testing Package for instructional education and training use only

Students:

  • access, view, and use the educational content within the Testing Package related to and in connection with each course, via a mobile application for Your personal education and training use only

  • access, view and use the review materials, assessments and online tutoring services within Compass

  • access enhanced content or remediation products offered in accordance with Your individualized learning and assessment workflow progression

    • If You have purchased enhanced remediation content, then You may also utilize Sherpath® to access and view any enhanced remediation content assigned after completion of the Tests.

  • print and download remediation content assigned to You within the Testing Package for personal education and training use

Prohibited Usage

Users may not:

  • share any components of Package with any third party including other students or competitor companies

  • screen shot or print any of the Content

Tests

Test Ordering

Faculty: You shall notify Elsevier, via the Site, of the scheduled dates of administration of each Test purchased within Testing Package at least one (1) month prior to Your desired delivery date for each such Test.  If You do not provide Elsevier notice of the dates of administration at least three (3) business days prior to the administration date, Your Institution will be subject to rush fees as described on the Site, in the 'Order Exams Online' section. Elsevier cannot guarantee delivery of Test when order is placed less than three (3) business days prior to the administration date.

Test Analyses

Faculty: Elsevier shall make reasonable efforts to provide You with a written analysis of all Tests within a reasonable period of time, not to exceed Elsevier's standard delivery time after receipt of all necessary data to conduct such analysis from Your Institution. Notwithstanding the preceding sentence, aggregate and student usernames for each exam can be accessed electronically within two (2) business days after the upload of Your student scores by Elsevier via the Site, using Your username and password.

Scoring Access Period

Students: Test scores shall be accessible on the Site for a designated period after the Your final Test has been taken and scored.

Test Administration

You acknowledge that all aspects of the Tests and their administration are designed and intended to be confidential and access to such tests is intended to be secure and restricted as set forth in Elsevier’s Secure Exam Policy. You further acknowledge that Your institution shall have sole responsibility for all aspects of test administration. In no event shall Elsevier, its agents or subcontractors be responsible for the failure of students, proctors, teachers, or Your institution to comply with the test security and test administration policies and procedures set forth in the Secure Exam Policy.

Faculty: You agree to reasonably ensure that Your students abide by the guidelines set forth in Secure Exam Policy referenced above, and in Elsevier’s Academic Honesty Policy. You also agree to abide by the aforementioned policies to the extent they are applicable to You in Your capacity as faculty.

Students: You agree to follow the Secure Exam and Academic Honesty Policies referenced above. You explicitly agree to refrain from using an alternate device to access the internet and/or find answers to test questions during the testing process.

Custom Test Administration

Faculty: If a custom exam is ordered as a Test, You will be subject to additional custom exam policies described on the Site from which the Tests are accessible by You, using Your username and password, in the 'Order Exams Online' section of the Site.

Payment for Tests

Elsevier reserves the right upon thirty (30) days written notice to (i) withhold any future delivery on Tests or (ii) suspend access to any and all Tests without incurring liability if payments are not made by students or Your institution, if applicable. Continued lack of payment after written notice by Elsevier may result in legal action.

Students: Students may purchase exams or exam packages using the faculty provided payment ID.

Closure or Withdrawal of Tests

Elsevier reserves the right to automatically close and remove access to any Test six (6) months from the date the Test is delivered.

Historical Testing Data

Faculty: Customers and their administrators may continue to access historical testing data via the Site past the termination or expiration of the quote/order form.

Live Review

Faculty: You shall submit complete registration forms and notify Elsevier of the scheduled date of administration of each Live Review Course at Your institution’s premises at least eight (8) weeks prior to Your desired delivery date for each such Live Review Course. The scheduled date for Live Review is conditional upon prior submission by the Customer of a Live Review registration form and roster, subject to the Cohort count, and a subsequent schedules confirmation from a course instructor.

Compass

  • Access

Students: Compass will be accessible to You for an additional ninety (90) days past Your completion of the Compass course.

  • Communication

You will be invited to join the Compass course communication channel for the duration of the Compass course.

Last Updated 14 November 2022