Welcome to NSDxpert Education and Consultancy Services LLC. We are a company based in the United States. These Terms of Service regulate the use and access of the NurseLTC mobile application, and the services offered through the platform (“Platform”). For the sake of convenience, the term Platform shall also include the services offered through the Platform.
By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between NSDxpert Education and Consultancy Services LLC (hereinafter referred to as “NURSELTC”, “we”, “us”, or “our”) and you the user (hereinafter referred to as “user”, “you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).
2.1 To access the Platform, you need to register for a user Account on the Platform. For continuous access to our Platform, it is suggested that you provide us with accurate, complete, and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account.
2.2 You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.
2.3 You are solely liable and responsible for any activity that occurs on your Account. You agree and understand that you shall not share your user Account password with anybody or do any such act which promotes unauthorized use of your user Account. You shall take all measures to protect your password including but not limited to restricting use of your personal device.
2.4 You must notify us immediately on our Platform of any change in your eligibility to use the Platform, breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either through the Platform or through a request made on our Platform.
2.5 You understand and agree that by creating a user Account you agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as a legal notice and meet all the legal notice requirements.
Subject to the Terms, NURSELTC gives you a limited, revocable, non-sub-licensable, non-exclusive, and non-transferable license to the Platform and Platform Content only for purposes of using the Platform in accordance with these Terms. It is expressly prohibited without the prior express permission from NURSELTC to use, reproduce, modify, distribute, or store any Platform Content for purposes other than using the Platform consistent with these Terms.
The Term of these Terms begins as soon as you access the Platform and continues as long as you use the Platform. By accessing the Platform, creating an Account, and clicking “accept” whenever prompted means that you’ve officially “signed” these Terms.
5.1 To use our Platform, you must:
5.1.1 Be at least of age of majority as per your local laws and not disqualified from entering into contracts under any law;
5.1.2 Complete the registration process;
5.1.3 Agree to our Terms; and
5.1.4 Provide true, complete, and up to date legal and contact information
5.1.5 You represent and warrant that you have the authority to accept these Terms on behalf the company you may be affiliated with.
5.1.6 By using Platform, you represent and warrant that you will use Platform for only legitimate purposes.
5.1.7 By using Platform, you represent and warrant that you meet all the requirements listed above, and that you will not use Platform in a way that violates any laws or regulations. NURSELTC may refuse service, close Accounts of any users, and change eligibility requirements at any time.
5.1.8 By accepting these Terms, you represent and warrant that you are qualified concerning the conditions stated herein therefore are permitted to use the Platform. If you do not meet any of the conditions stated herein you shall not access/use the Platform and must cease to be a user.
6.1 The Platform is a time management and work process application for long-term care nurses, (“Caregivers”). The Platform is designed to:
6.1.1 Provide checklists of daily nursing shift tasks
6.1.2 provide task completion notifications;
6.1.3 allow setting time alerts if required;
6.1.4 provide access to our non-exhaustive how-to resource list (“Task List”) feature which is a step-by-step guide on completion of certain tasks.
6.1.5 Completion of other tasks.
6.1.6 Set up specific nursing related tasks (solely for Caregivers who are to provide long term services to patients).
6.1.7 Allow you to dictate notes and memos into written text.
6.1.8 Allow access to other features as introduced from time to time on the Platform.
The Task List provided on the Platform solely aims to supplement and help the Caregivers to provide efficient services to their clients. The Task List shall under no circumstance be construed as an exhaustive list. If you are under legal obligations imposed by your employer, institution, or otherwise (“Policies”) to perform tasks, provide your services in a certain way or using specific methods, you are under no circumstance prevented by us from doing so under these Terms. The Task List is solely a non-exhaustive list and does not bind you to perform task in accordance to it. The Policies shall hereby through this reference supersede the Terms contained herein.
Specific Errors Disclaimer
The features provided via the Platform including without limits, the dictation feature, Task List, etc may be subject to inaccuracies and other errors. Please read Section 25 “Warranty Disclaimer” prior to using the Platform.
9.1 All information shared with us will be treated as confidential, unless stated otherwise in writing by you, except as required by law. Exceptions to confidentiality of course relate to extreme circumstances such as expressed intent to seriously harm someone or child abuse. Otherwise, all your information is confidential. All information shared with us will be treated as your intellectual property and you will retain the ownership of such information.
9.3 HIPAA Compliance. You hereby through this reference agree to comply to all HIPAA (defined herein) regulations and other rules and laws applicable to you. You understand and agree that you shall never render to the Platform any personal identifiable health information that would be categorized as Protected Health Information (“PHI”), as classified under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the regulations promulgated thereunder (“HIPAA”), and as regulated under similar state laws, or any content that breaches any professional code of ethics. If you do render any PHI to the Platform in violation of these Terms, you understand and admit that you are solely liable for the repercussions of the aforesaid violation, and shall indemnify, defend, and hold harmless us, our staff and each of our contractors and our contractors’ employees, subcontractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to such violation.
9.4 Not FDA Evaluated. The information contained on the Platform, or any advice provided to you through the Platform or through any digital product has been prepared or conveyed by us are not evaluated by the FDA. The information is intended for educational purposes only and is not meant to substitute for medical care or to prescribe treatment for any specific health condition.
In consideration of provision of the Platform, we shall be entitled to amounts not less than as displayed on the Platform as subscription fees (“Subscription Fees”). The Subscription may be cancelled, and the Subscription Fee may be refunded to you in line with the App Distributor policies as specified in Section 23.
Claims For Copyright Infringement
All claims of copyright infringement shall be sent to firstname.lastname@example.org
13.1 The Platform contains Intellectual Property of NURSELTC in the form of content, graphics, videos, audios, text, and any other digital content (“Platform Content”). This is an agreement for the use of Platform, and you are not granted a license to any Platform Content under the Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple Accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (vii) allow third parties to gain access to the Platform or to Platform Content in any manner other than as expressly permitted in these Terms.
13.2 You acknowledge and agree that the Platform, the names and logos and all related product and names, design marks and slogans, and all other material comprising the Platform, are the property of the NURSELTC or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of NURSELTC. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in NURSELTC or its third-party suppliers, as the case may be.
13.3 It is our Policy to limit access to our Platform of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your Account. If you find that anything on our Platform infringes any copyright that you own, or control please contact us using the information provided below.
13.4 We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.
13.5 You are solely responsible for any User Content that you submit, publish, transmit, or display on, through, or with our Platform. You grant us a non-exclusive, worldwide, royalty-free, and fully paid license to use the User Content, as necessary, for purposes of providing the Platform services to you. All rights in and to the User Content not expressly granted to us in these Terms are reserved by You. The User Content shall hereby through this reference form part of the Platform Content. The User Content is owned by their respective owners or as permitted in this Terms and Conditions.
13.6 By making any User Content available through Platform you hereby grant to us a non-exclusive, transferable, worldwide, license to use, copy, modify, and distribute your User Content in connection with operating and providing the Platform services to you and to other Account holders.
13.7 You are solely responsible for all your User Content. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Platform, nor any use of your User Content by us on or through the Platform will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulations.
13.8 You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Platform. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Third Party Services
The Platform may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Platform. Also, Platform Content may contain links to other websites, services, or resources on the Internet. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between us and their operators. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
Allowed Uses Of Platform
15.1 You shall not use, encourage, facilitate, instruct, prompt, direct, convince others to use, the Platform in a manner which contravenes any law, statute, ordinance, or regulation; for any other illegal or fraudulent purpose or any purpose which is deleterious to others; or convey, store, post, disseminate, or facilitate content that is illegal, duplicitous or causes damage
15.2 es to others.
15.3 To ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Platform Content and User Content on the Platform, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Platform services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
16.1 Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Fraudulent Or Deceptive Content Includes:
- Misrepresenting one’s experience, skills, profile details including profile pictures.
- Intention to deceive users by representing to them association with other users or agency.
- Permitting another person to access and use your Account
THE ABOVE LIST IS NOT EXHAUSTIVE.
16.2 Attempt to probe, scan or test the vulnerability of any of our systems or network or breach any security or authentication measures;
16.3 Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Platform or Platform Content;
16.4 Attempt to access or search the Platform or Platform Content or download Platform Content from the Platform through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
16.5 Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
16.6 Use any Meta tags or other hidden text or metadata utilizing our trademark(s), logo URL or product name without our express written consent;
16.7 Use the Platform or Platform Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
16.8 Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform or Platform Content to send altered, deceptive, or false source-identifying information;
16.9 Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Platform or Platform Content;
16.10 Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform;
17.1 The Platform may contain message boards, chat rooms, personal web pages or profiles, educational materials, videos, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit and talk to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform. All User Contributions must comply with the User Contribution Standards set out below in Section 18.
17.2 Any User Contribution you post on the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
17.3 You represent and warrant that:
17.3.1 You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
17.3.2 All of your User Contributions do and will comply with this Agreement.
17.3.3 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
17.4 We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
17.5 To the maximum possible extent, you hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all User Contributions, and to sublicense the foregoing rights; and you irrevocably waive, and cause to be waived, against us and its users any claims and assertions of any moral rights contained in such User Contributions. This section shall survive any termination of your Account or the Agreement.
User Contribution Standards
18.1 These User Contribution Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable central, federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Contributions must not:
18.1.1 contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, hurtful, inflammatory, or otherwise objectionable;
18.1.2 promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
18.1.3 infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
18.1.4 violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
18.1.5 contain images or videos of persons without such person’s consent;
18.1.6 be likely to deceive any person
18.1.7 involve drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
18.1.8 promote any illegal activity, or advocate, promote, or assist any unlawful act;
18.1.9 cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
18.1.10 funding a ransom, human trafficking or exploitation, vigilantism, bribes, or bounty;
18.1.11 impersonate any person or misrepresent your identity or affiliation with any person or organization;
18.1.12 involve or promote terrorism or, any activity that promote war, genocide, knives, explosives, ammunition, firearms, or other weaponry or accessories;
18.1.13 involve annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
18.1.14 involve circumventing the designated method of payment as provided by us;
18.1.15 involve credit repair or debt settlement services
18.1.16 involve products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party
18.1.17 involve illegal sale or resale of brand name or designer products or services;
18.1.18 any other activity that we may deem in our sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
18.1.19 involve any election campaigns that are not run by a registered organization within the supported country;
18.1.20 give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
18.1.21 involve any other activity that we may deem in our sole discretion to be unacceptable
Monitoring And Enforcement
19.1 We have the right to:
19.1.1 remove or refuse to post any User Contributions for any or no reason in our sole discretion;
19.1.2 take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the User Contribution Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for us;
19.1.3 disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
19.1.4 take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform; or
19.1.5 terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of this Agreement.
19.2 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform or otherwise accessing or using our Platform.
19.3 YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE AND HOLD US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND COSTS RESULTING FROM ANY ACTION TAKEN BY US/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
19.4 We do not undertake to review any material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
We reserve the right to terminate your access to all or any part of the Platform at any point or time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may terminate your Account if you wish to do so by placing a request on our Platform. Any such termination shall immediately revoke the license(s) granted by us under these Terms, and you shall effective immediately be prohibited from accessing or using the Platform and Platform Content for any reason. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability and indemnification.
Not Medical Advice
Nothing on this Website should be construed as giving medical advice or establishing a patient client privilege relationship
Apple And Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access our Services:
22.1 the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
22.2 we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
22.3 in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
22.4 you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
22.5 you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application;
22.6 you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.
External Service Purchases:
When making a purchase on a mobile application, you may have the option to pay through an External Service, such as with your Apple ID or Google account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, which may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.
To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Platform from your device.
For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not us. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com.
Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
Refunds: No refunds are made for the month in which you cancel a subscription. If payments for subsequent month subscription have already been charged, a refund will be made within 30 days commencing from date of cancellation.
If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, we may terminate your Account immediately in our sole discretion, on the basis that you have determined that you do not want our subscription. In the event that your chargeback or other payment reversal is overturned, please contact us using the information at the end of this page. We will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account.
To the maximum extent permissible by applicable law, you hereby absolutely release NURSELTC and its affiliates as well as all other users of the Platform from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence, that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Platform, including any disputes which may arise between users and the acts or omissions of third parties.
THE PLATFORM IS PROVIDED “AS IS,” “AS AVAILABLE” BASIS. THE USE OF PLATFORM IS AT THE USER’S SOLE RISK. THE PLATFORM IS PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTAND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. NURSELTC, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE PLATFORM IS OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE PLATFORM IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE PLATFORM PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE PLATFORM SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE PLATFORM.
You acknowledge and agree that, you shall at all times defend, indemnify, and hold harmless us, our affiliates and each of our and our affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Platform; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal data; (d) infringement by you (or any third party using your Account or identity in the Services) of any intellectual property or other right of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defences at your expense, including reasonable attorneys’ fees incurred by us.
Limitation Of Liability.
THE USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE SERVICES FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE PLATFORM, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OR GREATER THAN ANY FEES PAID BY YOU FOR USING OF THE PLATFORM DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. NOTHING IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.
We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Platform (including but not limited to, the availability of any feature content, or database,) at any time or instance by posting a notice through the Platform. We may also do so by sending you a notice via e-mail, via the Platform, or by any other means of communication. We reserve the right to impose limits on certain features and Platform. We may, if required to do so restrict your access to parts or all of the Platform without notice or liability. We endeavour to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to take reasonable efforts to be aware of such modifications.
When you continue to use the Platform after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Platform going forward. Your use of the Platform is subject to the Terms in effect at the time of such use.
Governing Law And Dispute Resolution
The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of the United States of America applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts with respect to any matter or claim, suit, action or proceeding arising under or related to these Terms.
Any dispute concerning the subject matter of these Terms, or the breach, termination, or validity thereof (a “Dispute”) will be settled exclusively in accordance with the procedures set forth herein. The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within fifteen (15) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be as may be mutually decided by the Parties. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.
- Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Platform. These Terms supersede all prior contemporaneous communications and proposals made (whether oral, written, or electronic) between you and us with regards to the Platform. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- Relationship of the parties. You and NURSELTC are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship to you nor any fiduciary duty.
- Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, pandemics, epidemics and governmental action.
- You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.
- All notices under these Terms shall be in writing Unless otherwise specified in these Term. Notices to us shall be sent by email to email@example.com. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
- No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
- The headers are provided only to make these Terms easier to read and understand.
You may contact us through our Platform, or the email address given below: Email: firstname.lastname@example.org