NurseSake™ Beta Website Terms of Use

Ver. 1.0.0, As of 19-Jul-2015

YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“TOU” or “Terms of Use”).

This Beta web site, NurseSake, including all of its features and content (the “Website”) is a service made available by R/T Nursing LLC, (“RTN”), and all content, information, services and software ordered or provided on or through this Web Site (“Content”) may be used solely under the following terms and conditions (“Terms of Use” or the “Agreement”). These Terms of Use govern your access to and use of the Beta website and all associated websites which are owned and operated by RTN. By using this Website, you signify that you have read, understand and agree to be bound by this Agreement. Your use of the Website confirms that you agree to this TOU as a legal contract between you and RTN. Your continued use of this Website, following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In the event of any inconsistency between the R/T Nursing Privacy Policy (www.nursesake.com/privacy-policy) and this Agreement, this Agreement shall control. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HERE, PLEASE DO NOT USE THIS WEBSITE.

1. Beta Website & Content

Please note that this is a beta version of the Website, which is still undergoing testing before its official release. The website, its software and all content found on it are provided on an “as is” and “as available” basis. RTN does not give any warranties, whether express or implied, as to the suitability or usability of the website, its software or any of its content. RTN is not liable for any loss, whether such loss is direct, indirect, special or consequential, suffered by any party as a result of their use of the Beta Website, its software or content. Any downloading or uploading of material to the website is done at the user’s own risk and the user will be solely responsible for any damage to any computer system or loss of data that results from such activities.

RTN is a provider and/or user of interactive computer service, and serves only as a technical intermediary between users of the Website. You submit content and posts to the Website and use the Website’s email and other features solely at your own risk. You warrant to RTN that all content you submit to or through the Website is your own and does not violate the rights of any third party, including copyright and trademark protections. You grant RTN a perpetual and irrevocable licence to copy, store, display, and publish all content you submit through or on the Website (“Works”), including derivative Works.

When you create an account, you are responsible for all the content, messages, or comments you make, so you must take care to ensure that all such communications you make through or on the Website are appropriate and non-defamatory. You may not use the Website to communicate illegal, defamatory, pornographic or other offensive content. Neither may you communicate false or fraudulent information through or on the Website. You shall not communicate any “personally identifiable health information” (“PHI”) regarding any individual (including yourself). Finally, you shall not communicate any advertising or business solicitations on or through the Website without the express prior written authorization of RTN. If you become aware that any person has failed to comply with any of these restrictions, please notify RTN immediately.

2. Age Requirement

The Website is available for individuals aged 18 year or older. You must, be at least 18 years of age to enter into this Agreement on your own behalf and to register for and/or use the Website. You are not authorized to view or use this Website if you are not 18 years old. By checking the box, “I ACCEPT AND AGREE TO THE TERMS OF USE”, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the box, "I ACCEPT AND AGREE”, and do not attempt to access the Website. If you check this Agreement for one service, you take full and absolute responsibility for all compliance with all changes or alternations to the Website, including monthly charges and other fees that will be applied if the Website is changed.

3. Website Support

Should you encounter any bugs, glitches, lack of functionality or other problems on the website, please inform RTN (please email support/at/nursesake/dot/com) immediately so we can rectify these accordingly. Your help in this regard is greatly appreciated.

4. Payments, Cancelation and Refunds

4.1 Recurring Payments

Some services on the Website will be offered as a monthly subscription with a recurring access fee. These premium services may be set up through an initial registration with payment for the first month or by upgrading from a free or lower tier membership. The terms of these payments will be described at the time of purchase, but these services will include an automatic monthly renewal of access contingent on a successful automatic debit of your payment card on record approximately the same day each month in the amount stated at time of original registration or upgrade. Notice of intent to renew will be sent by email two weeks before the renewal date following which your payment will be processed. Your payment card info will be securely stored with our PCI compliant third party merchant service provider (PayPal).

4.2 Cancellation

Future payments for automatically renewing subscriptions may be cancelled by submitting the “Downgrade My Membership” request form in My Account at least 48 hours before the renewal date on the invoice to be cancelled. Cancellation requests submitted within 48 hours of the next scheduled payment may not prevent the upcoming payment from being processed. Once a cancellation request is received and processed, you will still have access to premium services until the end of the pre-paid billing cycle following which those services will no longer be available. Successful cancellation downgrades the membership stopping future payment and access for premium services—it does not close or remove your profile unless specifically requested at the time of the cancellation request.

4.3 Refunds

No refunds will be issued for payments received unless the payment was unduly processed 48 hours or more following a valid cancellation request using the “Downgrade My Membership” form.

5. Modification to Terms of Use

RTN reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Website after any such changes constitutes your consent to such changes. You should review these Terms of Use every time you use the Website because they are binding on you.

6. Termination

RTN reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without notice. Examples of activity that may lead to a termination of your use of the Website include your breach of any of these Terms of Use including but not limited to the following:

  • Using the Website to share patient information protected under HIPAA or other applicable privacy and security laws (See our Privacy Policy and 7.1 below for more information)
  • Deception of identity (e.g., including but not limited to posing as a nurse or nursing student)
  • Misrepresentation of professional credentials or experience (e.g. information in your Website profile does not coincide with information listed in public record)
  • Harassment, dishonesty, intimidation, or bullying of other users of the Website

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7.1 HIPAA

RTN does not allow sharing of any identifying information pertaining to patients, including but not limited to photographs, names, diagnoses, situation, location, or any information that may be able to traced back to a patient. You are responsible for compliance with all requirements of the HIPAA (Health Insurance Portability & Accountability Act) regarding content shared by, on, or through this website. See RTN’s Privacy Policy for more information about this subject.

7.2

Content shared on or relayed by means of this website is not intended as and does not constitute medical or professional advice. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of this Website, materials linked from this Web Site, or information relayed from one user to another via this service is at your own risk.

7.3

RTN does not recommend or endorse any specific tests, products, procedures, opinions or other information that may be mentioned on this Website or by any of its members. RTN does not endorse any persons furnishing medical or clinical advice to you via the Website, nor does it assume liability for credentialing such persons. Reliance on any information provided by RTN, RTN employees or otherwise appearing on the Website is solely at your own risk.

7.4

While all attempts will be made to keep this site current, information may become outdated over time, or superseded by subsequent disclosure. This Website could also include technical or other inaccuracies or typographical errors. RTN assumes no liability for the accuracy or completeness of, nor any liability to update, the information contained on this Website. Changes may be periodically added to the information and these changes will be incorporated in new editions of this Website.

8. Intellectual Property Rights

8.1 Proprietary Rights in Website Content

RTN retains all copyright and other proprietary rights in the contents of this Website (the “Content”). Elements of this Website are protected by, including but not limited to, copyright, trademark and other laws, and may not be copied or imitated in whole or in part. Nothing shall be construed as granting you any license under any patent, trademark or copyright of RTN or any third party. Certain portions of this Website may contain information supplied and updated by third parties, or include links to third-party sites. RTN is not responsible for, and makes no warranty as to the accuracy of, such information or site.

8.2

RTN claims no ownership in, nor any affiliation with, third-party trademarks or brand names that may appear on this site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of RTN should be inferred from their use. You are not permitted to use the trademarks displayed on this Website without the prior written consent of RTN or the third party that may own the trademarks.

8.3

No Website content (“Content”) may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without RTN’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet website or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited

9. Third Party Websites and Links; Third Party Content

9.1 Third Party Websites and Links

This Website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on or through this Website does not imply approval or endorsement of the linked website by us. If you decide to leave this Website and access these third-party websites, you do so at your own risk.

9.2 Third Party Content

Third party content may appear on this Website or may be accessible via links from this Website. RTN shall not be responsible for and assumes no liability for any infringement, mistakes, opinions, representations or any other form of content contained in any third party content appearing on this Website. You understand that the information and opinions in the third party content is neither endorsed nor does it reflect the belief or opinion of RTN.

10. Advertisers

This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this Website is accurate and complies with applicable laws. RTN will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

11. Limitation of Liability and Interactions with Third Parties

RTN, its affiliates and any of its, or their, owners, members, directors, officers, employees, attorneys, accountants, or agents (collectively the “Released Parties”) shall not, under any circumstances, be liable for direct, consequential, incidental, indirect or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, and whether resulting from the use or inability of use of any contents of this Website (or a Website linked to this Website), or any other cause and even if caused by negligence or if we have been apprised of the likelihood of such damages occurring. The above limitation, or exclusion, may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages. RTN’s total liability to you hereunder shall not, in any event, exceed your online charges for accessing this Website.

The Released Parties (including but not limited to RTN) are not and and cannot be responsible or liable for your interaction with or reliance upon information communicated to you by third parties, including other users of the Website. You communicate with third parties at your own risk, and you must conduct your own due diligence and use your own judgment with respect to considering the opinions or information of third parties you come into contact with through the Website.

12. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT RTN DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION. RTN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12.1

RTN MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

12.2

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

12.3

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RTN OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

12.4

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Arbitration and Waiver of Jury Trial and Class Actions

BY ENTERING INTO THESE TERMS OF USE, YOU AND RTN ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. IF YOU HAVE ANY COMPLAINT OR CLAIM AGAINST RTN OR ANY OF THE RELEASED PARTIES, YOU MUST FIRST NOTIFY RTN OF THE PROBLEM AND DISCUSS AND NEGOTIATE IN GOOD FAITH TO RESOLVE THE MATTER WITHIN THREE (3) MONTHS OF YOUR DISCOVERY OF THE PROBLEM. CLAIMS BROUGHT AFTER THREE (3) MONTHS OF YOUR DISCOVERY OF THE PROBLEM ARE DEEMED WAIVED AND RELEASED. IF SUCH INFORMAL DISCUSSION AND NEGOTIATION IS NOT SUCCESSFUL WITHIN 45 DAYS OF THE DATE YOU FIRST BRING THE MATTER TO RTN’S ATTENTION, THEN ANY AND ALL CLAIMS BETWEEN YOU AND THE “RELATED PARTIES” (INCLUDING BUT NOT LIMITED TO RTN) SHALL BE DECIDED AND RESOLVED ONLY THROUGH ARBITRATION IN ACCORDANCE WITH THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) BEFORE A SINGLE ARBITRATOR. YOU MUST SERVE YOUR DEMAND FOR ARBITRATION UPON RTN IN WRITING. YOU WAIVE AND WILL NOT BRING ANY CLAIMS AGAINST THE “RELATED PARTIES” IN ANY COURT IN ANY JURISDICTION. YOU AND RTN BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS IN SALT LAKE COUNTY, UTAH AND NOT ON A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE PARTIES SHALL EQUALLY SHARE THE COSTS OF THE ARBITRATION (EXCEPTING EACH PARTIES’ ATTORNEY’S FEES AND COSTS.) THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, YOU AND RTN BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. THE PREVAILING PARTY IN ANY ARBITRATION OR LITIGATION STEMMING FROM ARBITRATION OR FOR ENFORCEMENT OF AN ARBITRATION AWARD SHALL BE ENTITLED TO ALL ATTORNEY’S FEES AND COSTS INCURRED, WHICH SUCH FEES AND COSTS SHALL BE INCLUDED IN THE ARBITRATOR’S AWARD.

14. Indemnification

By accepting these Terms of Use, you agree to indemnify, defend, and otherwise hold harmless the Related Parties (including but not limited to RTN) AND RTN’s subsidiaries, affiliates, licensors, suppliers and other partners against any claim, cause of action, demand, or damages (including but not limited to any direct, indirect, incidental, special, consequential or exemplary damages) brought or made by you or brought or made by any third party pertaining to your use of this Website. This indemnification provision includes payment of any attorney’s fees or costs the Released Parties incur. Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that RTN may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or safety of RTN and the public.

15. Governing Law and Jurisdiction

By accessing this Website, you and RTN agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the State of Utah, without regard to its conflicts of laws principles. RTN makes no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws.

16. Privacy

Your use of this Website is subject to RTN’s Privacy Policy (www.nursesake.com/privacy-policy). To the extent this TOU conflicts with RTN’s Privacy Policy, this TOU controls.

17. Notices

RTN may deliver notice to you under these Terms of Use by means of e-mail, a general notice posted on the RTN website, or by written communication delivered by first-class U.S. mail to the address that you have provided to RTN. You may give notice to, or submit comments or questions to, RTN at any time via e-mail or by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:

R/T Nursing LLC
Attn: Terms of Use
3026 Gibralter Ct.
Taylorsville, UT 84129

E-mail: support/at/nursesake/dot/com

18. Survival

The provisions of these Terms of Use entitled “Payments, Cancellations, and Refunds,” “Intellectual Property Rights,” “Arbitration and Waiver of Jury Trial and Class Actions,” “Limitation of Liability and Interactions with Third Parties,” “Disclaimer of Warranties,” “Indemnification,” “Governing Law and Jurisdiction,” “Severability of Provisions,” and “General Provisions” will all survive the termination of this Agreement.

19. Severability of Provisions

These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

20. General Provisions

Except as provided in a particular “Legal Notice” on this website, these Terms of Use, along with the RTN Privacy Policy, constitute the entire agreement and understanding between you and RTN with respect to use of this Website, superseding all prior or contemporaneous communications with RTN. RTN may assign this TOU and any other agreement between you and RTN to any third party in conjunction with a sale, lease, or other disposition of RTN’s property or business. You may not assign any rights you may have under this TOU, including but not limited to any claims against RTN, to any third party.