TERMS OF USE
1. General Uses and Restrictions
The website on which this Terms of Use (“Terms”) appear are owned and operated by Nursing America (“Nursing America,” “we,” “our,” or “us”). For purposes of these Terms, “you” or “your” means the person accessing the website and any persons that allow others to provide information about themselves to us. The website may provide information, documents, tools, products, services, accounts, offers, suggestions on the best way to use our products, and/or information on where to purchase our products (collectively, “Services”).
If You do not agree with the Terms, You may not access the Nursing America website and must exit the Nursing America website immediately. By using and accessing the Nursing America website, You represent that You are at least 18 years of age, have the authority to enter into these Terms on Your own behalf and on behalf of the organization or entity on whose behalf You are using or accessing the Nursing America website, and all information provided by You, including, but not limited to Your identity, contact information, experience, qualifications, available positions, and facility details, is accurate and current. You shall be responsible for any violation of the Terms by You, Your agents, or Your employees.
2. Privacy Policy
Besides these Terms, we also publish a Privacy Policy. Although it is not part of these Terms, we encourage you to read it to better understand how you can update, manage, access, and delete your information.
3. Nursing America’ Rights
Nursing America grants to You a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Nursing America website solely for a Permitted Use and in accordance with these Terms. You expressly acknowledge and agree that Nursing America transfers no ownership, intellectual property interest, or title in or to the Nursing America website, the Confidential Information, or any information or data contained therein to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Nursing America website, unless otherwise indicated, are owned, controlled, or licensed by Nursing America. You may not copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Nursing America website, Nursing America’ names, Nursing America’ logos, Nursing America’ marks, or any other data or information provided on or through the Nursing America website in any way or use the Nursing America website in any way not expressly permitted by the Terms.
The Nursing America website is protected. Copyright © 2023 Nursing America, all rights reserved. Your unauthorized use of the Nursing America website, Confidential Information, Nursing America logos, names, or marks, or any other information or data contained therein may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.
5. Compliance with Applicable Laws
You shall abide by all applicable local, state, national, and international laws and regulations related to Your use of the Nursing America website, or any Confidential Information or other information obtained using the Nursing America website. The Terms are subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Nursing America website or access or use thereto without complying with such laws, orders, restrictions, or regulations.
6. Prohibited Uses; Your Transmissions
You may not use the Nursing America website to send, upload, share, email, post, publish, edit, modify, or otherwise transmit material or information, or use information obtained through the Nursing America website, in any manner that: (i) violates any applicable law or regulations; (ii) is false or misleading; (iii) is defamatory, libelous, offensive, obscene, harassing, threatening, abusive, or discriminatory, including on any basis protected by applicable federal, state or local law; (iv) violates or infringes on the intellectual property or privacy rights of any other person, including but not limited to rights arising from copyrights, trademarks, patents, or a person’s likeness; (v) constitutes unsolicited marketing efforts, including “junk email” “spam” or “chain letters”; (vi) interferes with or disrupts the performance of the Nursing America website or servers or systems used to host or operate the Nursing America website, or of Nursing America, or of other users of the Nursing America website in any manner; (vii) collects or stores personal data of Registered Users or other users of the Nursing America website; (viii) attempts to circumvent or misuse the user authentication or security measures of the Nursing America website; or (ix) otherwise violates any applicable law.
By sending, uploading, sharing, emailing, posting, publishing, editing, modifying, or otherwise transmitting content to the Nursing America website or submitting any content to or through the Nursing America website or to Nursing America relating to the Nursing America website (including documentation or feedback), you automatically grant (or warrant that the owner of such rights has expressly granted), Nursing America a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed, including, but not limited to, the Nursing America website. In addition, you warrant that all so-called moral rights in the content have been waived. Nursing America assumes no responsibility for the deletion of or failure to store any posting, transmission, documents, or information stored or submitted on the Nursing America website. Notwithstanding anything contained herein, this section is not intended to and does not supersede any applicable laws or separate written agreements between You and Nursing America that are signed by an authorized signatory of Nursing America, to the extent such laws or agreements restrict or govern Nursing America’ use of confidential information provided by You to Nursing America as part of a business transaction.
Nursing America is not responsible for screening, policing, editing, or monitoring Your or another Registered User’s transmissions, submissions, and postings. Accordingly, Nursing America encourages its Registered Users to use reasonable discretion and caution in submitting or reviewing any transmission or posting. Moreover, Nursing America does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other Registered User. Regardless, Nursing America reserves the right to delete or take other action related to transmissions or postings (or parts thereof) that Nursing America believes in good faith violate the Terms and/or are, or are potentially, unlawful, or harmful to Nursing America or its products, services, and goodwill.
Your use of the Nursing America website may be monitored, including the monitoring of usage levels, collection data and information, and to ensure compliance with applicable laws and agreements. Accordingly, if You access the Nursing America website you acknowledge and consent to Nursing America’ monitoring, collection and use practices. Please read Nursing America’ Privacy Policy.
7. Prohibition of Data Scraping & Web-Crawling
All users of the Nursing America website are expressly prohibited from using any tools, programs, robotic algorithms, or products to scrape, crawl, extract, copy, collect or ‘mine’ any data or information accessible through the Nursing America website. This prohibition applies, without limitation, to all information related to job postings and our employer partners, and other payment and assignment information (“Job Information”). The Job Information displayed on the Nursing America website is proprietary to Nursing America and is intended only for the use of individual users seeking employment opportunities. Any unauthorized use, copying, distribution, or disclosure of such Job Information is strictly prohibited.
In the event of any breach of this Prohibition of Data Scraping and Web-Crawling, Nursing America reserves the right to immediately suspend or terminate any and all arrangements with you without notice (including any contracts or agreements) and take any and all necessary legal action and you may be held liable for any losses and damages, including legal fees, resulting from such breach. Nursing America further reserves the right, at its sole discretion, to block or limit access to the Nursing America website, or any other of Nursing America’ platforms, software, or internet-based service(s) to which you have access from any individual or entity who Nursing America believes has violated this prohibition.
8. Alleged Copyright Violations
Nursing America reserves the right to avail itself of the rights contained in, and take any actions under, the Digital Millennium Copyright Act and other applicable intellectual property laws. If You become aware of transmissions or postings that violate these rules or believe Your copyrighted work has been inappropriately used or made accessible through the Nursing America website, please notify Nursing America in writing, as provided below.
9. Links to Other websites
Nursing America may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Nursing America and are maintained by third parties over which Nursing America exercises no control. Accordingly, Nursing America expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
10. Disclaimer
THE NURSING AMERICA WEBSITE AND ALL INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE NURSING AMERICA WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. NURSING AMERICA MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE NURSING AMERICA WEBSITE OR TO THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE NURSING AMERICA WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE NURSING AMERICA WEBSITE. NURSING AMERICA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE NURSING AMERICA WEBSITE FOR ANY PURPOSE. NURSING AMERICA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. NURSING AMERICA ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE NURSING AMERICA WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE NURSING AMERICA WEBSITE OR ANY INFORMATION THEREIN IS TO CEASE USE OF THE NURSING AMERICA WEBSITE.
MOREOVER, IN NO EVENT SHALL NURSING AMERICA BE LIABLE, AND DISCLAIMS ALL LIABILITY, FOR ANY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OR ACESS TO THE NURSING AMERICA WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE NURSING AMERICA WEBSITE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF NURSING AMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF NURSING AMERICA FOR ANY REASON WHATSOEVER RELATED TO YOUR USE THE USE OF OR ACESS TO THE NURSING AMERICA WEBSITE AND ALL INFORMATION AND SERVICES THEREIN, OR WITH THE DELAY OR INABILITY TO USE THE NURSING AMERICA WEBSITE, INFORMATION OR SERVICES THEREIN SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY/TO YOU TO/FROM NURSING AMERICA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE THREE MONTHS PRIOR TO THE ACT GIVING RISE TO THE DISPUTE.
11. Indemnification
You agree to defend, indemnify, and hold harmless Nursing America, its affiliates, officers, directors, employees, agents, licensors, clients, subcontractors, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to or arising from: (i) Your use of the Nursing America website, (ii) Your violation of the Terms; (iii) Your violation of any third party rights relating to or arising out of Your use of the Nursing America website, or (iv) Your violation of any law or regulation relating to or arising out of Your use of or access to the Nursing America Site.
12. Term and Termination
The Terms shall take effect immediately upon: Your access to or use of the Nursing America website after the Terms are posted, or if you have executed a separate agreement incorporating or referencing these Terms, the effective date of such agreement. The Nursing America website are provided as a convenience to assist Nursing America in conducting its business. Nursing America reserves the right to modify, change, or disable the Nursing America website or Your use of or access to the Nursing America sites, at any time with or without notice. Nursing America shall not be liable for damages in connection with such terminations, disabling, modifications, or changes. By using the Nursing America website, you agree to these Terms.
In addition, Nursing America reserves the right to modify or terminate the Terms and Privacy Policy at any time in its sole discretion upon reasonable notice to You. You agree that Nursing America may provide reasonable notice of such modifications by posting the new or modified terms (the “Modified Terms”) on the Nursing America website and specifying an effective date that is at least 10 days after the date the Modified Terms are initially posted. You agree that if You continue to use the Nursing America website without written objection to Nursing America after the effective date of the Modified Terms, You shall be considered to have accepted the Modified Terms as of the effective date stated therein. Such Modified Terms shall apply prospectively only; in the event of termination or Modified Terms becoming effective, these Terms shall survive as they relate to any pre-termination or pre-modification use, access, actions, or omissions, unless otherwise agreed to by the parties.
You may terminate the Terms at any time by ceasing to use the Nursing America website.
13. Notices
All notices, requests, demands or other communications to Nursing America required under this Agreement shall be made in writing and shall be deemed to have been duly given on the second day after mailing if mailed to the address below by certified mail, postage prepaid or via overnight carrier with delivery confirmation, and properly addressed to:
Nursing America
12477 Matthews Lane, Suite 100
St Louis, MO 63127
Nursing America may provide notice to You by posting on the Nursing America website or otherwise contacting You at any last known email or mailing address.
14. Additional Terms
The Terms and any claims arising out of or relating to the Terms or Your use of the Nursing America website shall be construed in accordance with and subject to the laws of the State of Missouri, without reference to its conflict of law principles. You hereby consent to the exclusive personal jurisdiction in any state or federal court or arbitral forum located in St Louis County, Missouri. If any provision of this Agreement is held to be invalid, void or unenforceable, all other provisions shall remain valid and be enforced and construed as if such invalid provision were never a part of this Agreement. The parties hereto agree that this Agreement will be governed by and construed in accordance with the laws of the State of Missouri without reference to its choice of law rules and as if wholly performed within the State of Missouri. Unless otherwise provided herein, any dispute, controversy or claim arising out of or relating to this Agreement shall be submitted to binding arbitration before the office of United States Arbitration & Mediation located in St Louis County, Missouri, as the exclusive remedy. The parties agree to the exclusive jurisdiction of the state or federal courts of Missouri with respect to actions to enforce arbitration or an arbitration award, or any claims where arbitration is not permitted by law. EACH PARTY TO THESE TERMS KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT THAT IT MAY CLAIM TO A JURY TRIAL ON ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS. THESE TERMS MAY BE FILED AS A CONSENT BY THE PARTIES TO TRIAL BY THE COURT.
You acknowledge that any breach, threatened or actual, of the Terms will cause irreparable injury to Nursing America, such injury would not be quantifiable in monetary damages, and Nursing America would not have an adequate remedy at law. You therefore agree that Nursing America shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of the Terms. Accordingly, You hereby waive any requirement that Nursing America post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Nursing America to enforce any provision of the Terms.
You may not assign Your rights or obligations to any other person or entity without Nursing America’ prior written consent.
No waiver, delay or failure by Nursing America with respect to any right or provision under the Terms shall be deemed a waiver of any other provision, or constitute a continuing waiver.
If any provision (or part thereof) contained in the Terms is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.
No joint venture, partnership, employment, or agency relationship exists between you and Nursing America as result of the Terms or your use of the Nursing America website.
The headings within the Terms are for convenience of reference only and are not to be considered in construing this Agreement.
The Terms represent the entire agreement between You and Nursing America with respect to use of the Nursing America website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Nursing America that govern Your use of or access to the Nursing America website.