Nurse Interactive, LLC and its subsidiaries and corporate affiliates (collectively, “our,” “us,” or “we”) operate websites, provide products and services through mobile and other applications, and develop software. We refer to these as “sites,” “services,” or “our site and services.”
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our site and services.
We also have the right in our sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of our site and services at any time without notice. We and our representatives will not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
2. Content and Conduct
We do not control, are not responsible for and make no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
You automatically grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
We do not control, are not responsible for and make no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct.
You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct. You are also responsible for your own conduct and activities on, through or related to our site and services, and, if you create an account on our site and services, you are responsible for all conduct or activities on, through or by use of your account.
3. Postings and Accounts
Users may not circumvent any technological measure implemented by us to restrict the manner in which content may be posted on our site and services or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. It is expressly prohibited for any third party to post content to our site and services on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.
A user may create, maintain and use no more than one account to post content only on his/her or its own behalf. A user must create his/her or its account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually verification challenge in the account creation process. A user may not create or use additional accounts or any account of another and must not permit, enable, induce or encourage others to create accounts for him/her or it.
4. Unauthorized Access and Activities
5. Interactions with Others
We and our representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
In certain instances, we may charge a fee to post content or for other features, products, services or licenses. You are responsible for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize us or our designated payment processor to charge your specified credit card, debit card or other payment method for such fees.
Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law, all fees are nonrefundable and payments and purchases may not be canceled by the user. However, we reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion.
8. Limitations of Liability
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITES AND SERVICES).
IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITES AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.
UNDER NO CIRCUMSTANCES SHALL INDEED OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF INDEED OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE.
YOU HEREBY RELEASE US AND EACH OF OUR REPRESENTATIVES, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUCCESSORS, PREDECESSORS, ASSIGNS, HEIRS, SERVICE PROVIDERS AND SUPPLIERS, FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DIRECT AND INDIRECT, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, OR ANY INTERACTIONS WITH OTHERS ARISING OUT OF OR RELATED TO OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, AND YOU EXPRESSLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY SIMILAR LAWS IN OTHER JURISDICTIONS), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Injunctive Relief
a. Information We Collect
We may obtain information about you from various sources, including our site, telephone calls, emails to us. We also may obtain information about you from our affiliate companies, business partners and other third parties and publicly available information. The types of information we may obtain include: (i) your Personal Information, if you choose to provide it or if we obtain it in the manner described above; (ii) Username and password for the account you may establish on our site; (iii) payment details (including payment card number, security code, expiration date, cardholder name and billing address) if you buy products on our site; (iv) your demographic information (such as zip or postal code, occupation, education and experience, and if you choose to provide it, age, gender and race or ethnicity); (v) Job search behavior and preferences, and a record of the searches that you make on our site; (vi) other details that you may submit to us or that may be included in the information provided to us by third parties.
In addition, when you visit our site, we may collect certain information by automated means, such as cookies and web beacons. The information we may collect by automated means includes: (i) Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser and operating system type); (ii) Pages and URLs that refer visitors to our site, also pages and URLs that visitors exit to once they leave our site; (iii) Dates and times of visits to our site; (iv) Information on actions taken on our site (such as page views, site navigation patterns and job view or application activity); (v) A general geographic location (such as country and city) from which a visitor accesses our site; and/or (vi) Search terms that visitors use to reach our site.
b. How We Use the Information
We Collect We may use the information we obtain about you to: (i) Register, manage and maintain your account on the site; (ii) Provide products or services you request; (iii) Process, validate and deliver your purchases (including by processing payment card transactions and contacting you about your orders, including by telephone); (iv) Maintain a record of the jobs you view or apply to on our site; (v) Inform you of relevant job postings that may be of interest to you; (vi) Provide administrative notices or communications applicable to your use of the site; (vii) Respond to your questions and comments and provide customer support; (viii) Contact you and deliver information to you that, in some cases, is targeted to your interests (such as relevant services, educational or other career development opportunities); (ix) enable you to communicate with us through our blogs, social networks and other interactive media; and solicit your feedback and input; (x) Operate, evaluate and improve our business and the products and services we offer; (xi) Analyze and enhance our marketing communications and strategies; (xii) Analyze trends and statistics regarding visitors’ use of our site, mobile applications and social media assets, and the jobs viewed or applied to on our site; (xiii) Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users; (xiv) Enforce our site’ Terms and Conditions; and/or (xv) Comply with applicable legal requirements and industry standards and our policies.
We also use non-personally identifiable information and certain technical information about your computer and your access of the site (including your internet protocol address) in order to operate, maintain and manage the site. We collect this information by automated means, such as cookies and web beacons.
If we seek to use the information we obtain about you in other ways, we will provide specific notice and request your consent at the time of collection. These communications will contain links for preference management and, where appropriate, unsubscribe links should you decide you do not want to receive further communications.
c. Information We Share
Additionally, we may combine certain non-personally identifiable Aggregate Data about our users and use such anonymous Aggregate Data to prepare reports for our users (typically employers or educators). “Aggregate Data” is the demographic information (such as zip code, age, gender, race or ethnicity) and employment information (such as occupation, education and experience) of many individuals that is combined together. Aggregate Data is used to analyze the characteristics of various populations and does not identify any specific individuals. For example, an employer may purchase a report from Nurse Interactive, LLC that states the number of accountants with at least five years’ experience that live within a certain geographic area. All such reports sold only contain Aggregate Data which cannot be used to identify any individuals.
We also may share Personal Information with our service providers who help us in the delivery of our own products and services to you. These service providers may only use or disclose the information as necessary to perform services on our behalf or as otherwise required by law.
Nurse Interactive, LLC also may disclose specific user information when we determine, in good faith, that such disclosure is necessary to comply with the law, to cooperate with or seek assistance from law enforcement, to prevent a crime or protect national security, or to protect the interests or safety of Nurse Interactive, LLC or other users of the site.
In addition, Personal Information we have collected may be passed on to a third party in the event of a transfer of ownership or assets or a bankruptcy or other corporate reorganization of Nurse Interactive, LLC.
d. About Cookies,Tracking Choices, and Third Party Advertisers
e. International Data Transfers
When we obtain Personal Information about you, we may process and store the information outside of the country in which you are located, including in the United States. The countries in which we process the information may not have the same data protection laws as the country in which you are located. Further, users who access your information, such as potential employers, also may be located in a different country than you and different laws may apply to their use of your information.
f. How We Protect Personal Information
Nurse Interactive, LLC maintains administrative, technical and physical safeguards designed to assist us in protecting the Personal Information we collect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard Personal Information will never be defeated or fail, or that those measures will always be sufficient or effective. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your Personal Information will always remain private. As a user of the site, you understand and agree that you assume all responsibility and risk for your use of the site, the internet generally, and the documents you post or access and for your conduct on and off the site.
To further protect yourself, you should safeguard your account user name and password and not share that information with anyone. You should also sign off your account and close your browser window when you have finished your visit to our site.
g. California, USA Residents
Certain websites and other technology can track their users over time to, for instance, provide targeted advertising. Do Not Track mechanisms allow Internet users to control, and where desired prevent, the tracking of their online activities across such websites and technology. Currently, various Internet browsers offer a Do Not Track option that sends signals to websites visited by the browser about the users Do Not Track preference – you can usually access your browser’s Do Not Track option in your browser’s preferences. Specifically as Do Not Track relates to your use of our Services, we currently do not have the capability to recognize or respond to web browser Do Not Track signals and other similar mechanisms. In addition, in the Do Not Track context, other parties do not have the ability to collect your personally identifiable information through advertising technologies deployed in ads that may appear within our Services.
California law permits its residents to request and receive information about a business’ disclosure of certain categories of Personal Information to other companies for their use in direct marketing. If you are a California resident and a user of any of the site, you can request a copy of this information from Nurse Interactive, LLC by sending a letter to: Nurse Jobs California, PO Box 590062, San Francisco, CA 94159. Please include your name and email address in this request.
h. Minor’s Privacy
We do not knowingly collect or solicit information from anyone under the age of 13. If you are under 13, please do not use the site. In the event that we learn that we have collected personal information from a child under the age of 13, we will delete that information as quickly as possible after a verified notification.
12. Dispute Resolution; Arbitration
We believe we will be able to resolve most disputes or issues you may have using our site and services. In the unlikely event we are not able to resolve a dispute or issue, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you agree to the following resolution process.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least 90 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Nurse Interactive, LLC, 1390 North McDowell Blvd., "G", Petaluma, CA 94954.
We prefer to resolve our issues with you directly and, accordingly, you agree to arbitrate with us only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
You agree that arbitration will be exclusively held in Sonoma County, California and that each party will be responsible for its own costs, including paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party’s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, AAA will choose the arbitrator randomly from the two remaining arbitrators. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you're not sure what all of this means, of course please feel free to ask an attorney.
a. Copyright, Trademark and Patent Notices
We have adopted and implemented a copyright policy in accordance with the Digital Millennium Act. In appropriate circumstances and at our sole discretion, we may disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
b. Reservation of Rights in Our Site and Services
Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to our site and services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
c. Entire Agreement
d. Electronic Communications
When you use our site and services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our site and services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
e. Termination; No Assignment
You automatically grant and assign to us, a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our site and services any suggestions, enhancement requests, recommendations or other feedback provided by you.