Nurse Backpack Web Site and Mobile Application Terms of Service
Last Modified: March 8, 2018
1. Acceptance of the Terms of Service
A. We provide our services to you through our website located at www.nursebackpack.com (the “Site”) and through our mobile applications and other related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Changes will become effective no earlier than 14 days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any change become effective constitutes your acceptance of the new Terms of Service.
C. The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site or the Services..
D. By using the Services, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you agree that we may initially send you email solicitations, including in regard to the products and services of third parties. You will have the ability to opt-out of any further receipt of such emails by following the opt-out procedure that will be included in any such emails sent to you.
2. Accessing the Services and Account Security
A. We reserve the right to withdraw or amend the Services, and any service or material we provide in connection with the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Services.
B.If you choose or are provided with a username, password or any other piece of information as part of our security procedures, it is your responsibility to maintain the security of that information, and We will have no liability to you for any unauthorized access to your account except to the extent required by law. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of them using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
C. We have the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
3. Intellectual Property Rights
A. The Services, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement of the Services), are owned by Nursebackpack, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
B. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as follows:
(i) Your computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
(ii) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(iii) You may print or download one copy of a reasonable number of pages of the Site For your own personal use and not for further reproduction, publication or distribution.
(iv) If we provide social media features with certain content, you make take such actions as are enabled by such features.
C. You must not:
(i) Modify copies of any materials from this site.
(ii) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services.
D. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Service, We have the right to terminate your access to the Services, in which case you must, at Our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
A. Nurse Backpack and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
5. Prohibited Uses
A. You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:
(i) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
(ii) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
(iii) To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Service.
(iv) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
(v) To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity (including but not limited to using e-mail addresses, usernames, user profiles, or screen names associated with any of the foregoing).
(vi) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or Users of the Services or expose them to liability.
(vii) To transmit any personal health information.
(viii) To provide or transmit any medical advice, diagnoses or any other services that require any professional licensure.
(ix) To upload or transmit any false or inaccurate information regarding your credentials or licensure.
B. Additionally, you agree not to:
(i) Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
(ii) Use any robot, spider or other automatic devices, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
(iii) Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
(iv) Use any device, software or routine that interferes with the proper working of the Services.
(v) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
(vi) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the servers from which the Services are provided to you, , or any server, computer or database connected to the Services.
(vii) Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
(viii) Otherwise attempt to interfere with the proper working of the Services.
6. Copyright Infringement Policy
You warrant that all of the content you upload or enter into the Services (“User Content”) is original to you and does not infringe upon the intellectual property rights of any third party. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement in accordance the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”).
Any notice to Us regarding infringement of copyright by User Content must include the following elements:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
(ii) A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of Website where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
(iii) A description of where the material that You claim is/are infringing is/are located on this Site, including the URL, so that MoxieTrainer can locate the material;
(iv) Your address, telephone number and email address;
(v) A statement that You have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
(vi) A statement by You, under penalty of perjury, that the above information is accurate and that You are the copyright owner or are authorized to act on behalf of the copyright owner.
(b) Send the notice containing the above information to the following Designated Agent:
Name of Designated Agent: NurseBackPack - DMCA Notification
Mailing Address: Aaron & Sanders PLLC
605 Berry Road, Suite A
Nashville, TN 37204
Telephone number: 615-734-1188
E-mail Address: firstname.lastname@example.org
7. Reliance on Information Posted
A. The information presented on or through the Services is made available solely for general information purposes. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER USER OF THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. NURSEBACKPACK DOES NOT GUARANTEE THAT USE OF THE SERVICES WILL LEAD TO EMPLOYMENT AND SHALL HAVE NO LIABILITY TO YOU IF YOU FAIL TO OBTAIN EMPLOYMENT AFTER USING THE SERVICES.
B. The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
8. Changes to the Services
A. We may update the content of the Services from time to time, but their content is not necessarily complete or up-to-date. Any of the material included in the Services may be out-of-date at any given time, and we are under no obligation to update such material.
9. Information About You
10. Linking and Social Media Features
A. You may link to the NurseBackpack.com homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
B. The Services may provide certain social media features that enable you to:
(i) Link from your own or certain third-party websites.
(ii) Send e-mails or other communications with certain content, or links to certain content.
(iii) Cause limited portions of content to be displayed or appear to be displayed on your own or certain third-party websites.
C. You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
(i) Establish a link from any website that is not owned by you.
(ii) Cause the Services or portions of the Services to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
(iii) Link to any part of the Service other than the NurseBackpack.com homepage or designated sign-in pages.
(iv) Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Service.
D. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Service.
E. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
F. We may disable all or any social media features and any links at any time without notice in our discretion.
11. Links from the Services.
A. If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of service or use for such websites.
12. Disclaimer of Warranties & Limitation of Liability
A. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or any services or items obtained through the Site or to your downloading of any material posted on them, or on any Sites linked to them.
B. We give no warranties or representations of any kind relating to the Services , express or implied, including, without limitation, warranties of merchantability, fitness for any particular purpose, noninfringement of intellectual property rights, title, ownership, results, or the quality, suitability, adequacy, genuineness, accuracy, or completeness of the product or service.
C. Nursebackpack does not warrant that the service will meet users or subscriber’s requirements or that the operation of the service will be uninterrupted or error-free. Nursebackpack is not responsible for problems caused by user’s or subscriber’s hardware or software, or for problems in the interaction of the service with any other software. You are solely responsible for taking all precautions, such as data backup, testing, and error detection procedures, which are necessary in order to ensure that errors in the service and the applications using the service do not cause adverse consequences.
D. Nurse backpack will not be liable under any contract, strict liability, tort (including negligence) or other legal or equitable theory, for any special, incidental, exemplary, indirect or consequential costs or damages, including without limitation, lost profits, litigation costs, loss of data, production or profit, arising out of or relating in any way to the subject matter of this agreement, even if informed in advance of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy stated here.
E. Nurse backpack specifically disclaims liability for inaccurate, out-of-date, or missing provider availability, credential, or other personal information.
F. In no event will Nurse Backpack’s total liability under or related to this agreement, the termination thereof, and/or the provision of the product or service, regardless of the form of action, exceed subscription fees actually paid by a subscriber under this agreement in the twelve months preceding the claim.
G. Each and every provision of this agreement which provides for a limitation of liability, disclaimer of warranty or exclusion of damages is intended by the parties to be severable and independent of any other such provision. Further, if any remedy is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages will remain in effect.
H. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
A. To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Services, including, but not limited to, your violation of these Terms of Service, your User Contributions, any use of the Services’ content and related products and services other than as expressly authorized in these Terms of Service or your use of any information obtained from the Services.
14. Governing Law and Jurisdiction
A. All matters relating to the Services and these Terms of Service and any dispute or claim arising from or related to the Services or these Terms of Service (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule, whether of the State of Tennessee or any other jurisdiction.
B. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee in Davidson County, Tennessee (although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country). You waive any and all objections to the exercise of jurisdiction over you by such courts and to a venue in such courts.
15. Limitation on Time to File Claims
A. Any cause of action or claim you may have arising out of or relating to these terms of service or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
16. Waiver and Severability
A. No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
B. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
17. Your Comments and Concerns
A. All other feedback, comments, requests for technical support and other communications relating to the Site or the Services should be directed to email@example.com.
B. Thank you for your interest in NurseBackpack.