User Agreement

The Nurse Company User Agreement

The Nurse Company – Mission and Introduction to Digital Properties

The mission of The Nurse Company is to empower nurses by establishing an exclusive online portal for the nursing community that places professional, educational, and personal support at the fingertips of nurses worldwide. The Nurse Company is an online portal, hub or resource that provides each member of the nursing profession with a single location online to explore, learn and grow in all aspects of their personal and professional life as a nurse. The Nurse Company features various components, including:

1. Community - The Community provides nurses with an exclusive membership community online. This community provides nurses a safe environment for them to grow personally within the profession. The members can invite friends and colleagues, post their status, join groups, start groups and post pictures all within a social community designed specifically to support the nursing profession worldwide.
2. Career Center - The Career Center features a robust Job Board that allows nurses to search for and find new and exciting job opportunities. Employers have the ability to post open nursing positions for free or choose a more prominent listing for a small fee. Nurses are encouraged to complete a state of the art online profile detailing their current and past work experiences as well as educational achievements. The hub provides a means to archive their personal profiles and only share them with potential employers of their choosing.
3. Education Center - The Education Center provides potential students and their parents an opportunity to explore and identify each of the levels of nursing and the educational needs and potential earning power of the respective levels of achievement within the profession. The module engages Nursing Schools and Programs interested in identifying potential candidates for their programs through relevant advertising or sponsorship of educational online events.
4. Directory - The Directory is the most comprehensive aggregation of relevant and necessary informational resources that every nurse within the portal of The Nurse Company will need and desire to have access to during their career as a nurse.
5. Brand Partners – The Nurse Company features nurse-focused retail offerings with excellent products and partnerships that extend special pricing and opportunities for the nurse community. Strategic relationships with large and small companies have come together in one place for nurses and their families to provide supportive services, excellent products, and amazing offers.

Scope and Intent

You agree that by registering on The Nurse Company, or by using our website or any of its services (collectively “The Nurse Company” or the “Services”), you are entering into a legally binding agreement with The Nurse Company, Inc., a Nevada corporation, with a principal place of business at P.O. Box 210494, Nashville, TN 37221, and become an The Nurse Company user (“User”). The legally binding agreement referenced above is based on the terms of this “User Agreement” and the “Privacy Policy,” which are hereby incorporated by reference (collectively referred to as the “Agreement”).

If you are using The Nurse Company on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT join The Nurse Company and do not access, view, download or otherwise use any The Nurse Company webpage, information or services. By becoming a User you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. Please note that the The Nurse Company “User Agreement” and “Privacy Policy” are also collectively referred to as “Terms of Service.”

License and Warranty for User Submissions

By posting information to The Nurse Company, you warrant that own the information you provide under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users.

Additionally, you grant The Nurse Company a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licenseable, fully paid up and royalty-free right for us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to The Nurse Company, including but not limited to any user generated content, ideas, concepts, techniques or data to the services you submit without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss.

By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.

Service Eligibility

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having an The Nurse Company account, (3) are not a competitor of The Nurse Company or are not using the Services for reasons that are in competition with The Nurse Company; (4) will only maintain one account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of The Nurse Company, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your account to another party; and (5) refrain from charging anyone for access to any portion of The Nurse Company, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please contact help@TheNurseCompany.com.

Indemnification

You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through The Nurse Company.

Notification of Acts Contrary to the Agreement

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

Notifications and Service Messages

For purposes of service messages and notices about the Services to you, notice shall consist of an email from The Nurse Company to an email address associated with your account, even if we have other contact information, or via notice at www.TheNurseCompany.com. You also agree that The Nurse Company may communicate with you through your account or through other means including email, mobile number, telephone, or delivery services including the US Postal Service about your account or services associated with your account. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

Mobile Services

If you use The Nurse Company Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Services using a mobile device, you represent that to the extent you import any of your The Nurse Company data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. You acknowledge you are responsible for all charges and necessary permissions related to accessing The Nurse Company through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.

User to User Communication and Sharing

The Nurse Company offers various forums and blogs where you can post your observations and comments on designated topics. The Nurse Company also enables sharing of information by allowing users to post updates, including links to news articles and other information to their profile. Ideas you post and information you share may be seen and used by other Users, and The Nurse Company cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any group or elsewhere on The Nurse Company. The Nurse Company IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY The Nurse Company COMMUNITY FORUMS.

Users are solely responsible for their interactions with other Users. The Nurse Company may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. The Nurse Company reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if The Nurse Company determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

Privacy

You should carefully read our full “Privacy Policy” before deciding to become a User as it governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data and content (such as photographs) which you may submit to The Nurse Company, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, religion and/or sexual orientation, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.

User Rights

On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, non-sub-licenseable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of The Nurse Company), view information and use the Services that we provide on The Nurse Company webpages and in accordance with this Agreement. Any other use is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in The Nurse Company and all related items.

Services Availability

For as long as The Nurse Company continues to offer the Services, it shall provide and seek to update, improve and expand the Services. As a result, we allow you to access The Nurse Company as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue The Nurse Company, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. The Nurse Company further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by The Nurse Company to be contrary to this Agreement.

Third Party Links

The Nurse Company may include links to third party web sites (“Third Party Sites”). You are responsible for evaluating whether you want to access or use a Third Party Site. You should review any applicable terms and/or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. The Nurse Company is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Accordingly, if you decide to access Third Party Sites, you do so at your own risk and agree that this Agreement does not apply to your use of any Third Party Site.

Disclosure of User Information

Users acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of The Nurse Company, our Users or the public.

Complaints Regarding Posted Content

Complaints regarding content posted on The Nurse Company should be delivered to help@TheNurseCompany.com.

Disclaimer

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

DO NOT RELY The Nurse Company, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR The Nurse Company AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY The Nurse Company OR ANYTHING RELATED TO IT, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

The Nurse Company IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH The Nurse Company TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY.

The Nurse Company DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS USING ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, The Nurse Company DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

The Nurse Company DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. The Nurse Company DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, The Nurse Company DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

Limitation of Liability

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

The Nurse Company’ total liability to Users for any reason and upon any cause of action including without limitation, breach of contract, negligence, strict liability, misrepresentations, and other torts, shall be limited to any fees paid to The Nurse Company by User.

Termination

Users may terminate this Agreement, for any or no reason, at any time, with notice to The Nurse Company. This notice will be effective upon The Nurse Company processing your notice.

The Nurse Company may terminate the Agreement for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your The Nurse Company account includes disabling your access to The Nurse Company and may also bar you from any future use of The Nurse Company.

The Nurse Company may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing messaging services; creating multiple or false profiles; using the Services commercially without authorization, infringing any intellectual property rights, or any other behavior that The Nurse Company, in its sole discretion, deems contrary to its purpose.

Governing Law, Jurisdiction and Venue

This Agreement shall be governed by the substantive laws of the State of Tennessee, without regard to its or any other jurisdiction’s laws governing conflicts of law. Any claims or actions regarding or arising out of this Agreement shall be brought exclusively in a court of competent jurisdiction located in Nashville, Tennessee.

Assignment and Delegation

Users may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective.

The Nurse Company may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you.

Severability

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

Entire Agreement

User agrees that this Agreement constitutes the entire, complete and exclusive agreement between User and The Nurse Company regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

Amendments to the Agreement

The Nurse Company reserves the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.TheNurseCompany.com or notifying Users otherwise. If Users do not want to agree to changes to the Agreement, they can terminate the Agreement at any time.

Questions

You may direct questions regarding this Agreement to help@TheNurseCompany.com.