Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Nursecon LLC (a Florida limited liability company) (”Company,” “we,” or “us”). The following terms of use, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of any NurseCon LLC product, including but not limited to nursecon.com and the NurseCon App, including any content, functionality, and services offered on or through nursecon.com or the NurseCon App (the “Platform”), whether as a guest or a registered user. 

Please read the Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, Membership Terms, and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, Membership Terms, and/or the Privacy Policy, you must not access or use the Platform.

The Platform is offered and available to users who are 18 years of age or older and are nurses or who are currently registered in an accredited nursing school program. By using this Platform, 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 Platform.‌‌

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are legally binding on you.‌

Accessing the Platform and Account Security

We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Platform.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. 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.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole and exclusive discretion for any reason or no reason at all, including but not limited to if, in our opinion, you have violated any provision of these Terms of Use.‌

Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, lessons, classes, presentations, content and the design, selection, and arrangement thereof) are owned by the Company, 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.

These Terms of Use permit you to use the Platform for your personal, non-commercial use only. 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 Platform, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify, change, augment or alter any materials or copies thereof from the Platform.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text without prior express written approval from the Company.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.

You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: [email protected]. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and 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 Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.  The Company reserves the right to seek damages, including attorney’s fees, when and where applicable.‌

Trademarks and Other Intellectual Property

The Company name, the terms Nursecon, Nursecon.com, Nurse Blake, and other terms which are obviously or apparently proprietary in nature, the Company logo, 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 this Platform are the trademarks of their respective owners.

Unless otherwise indicated, the Platform and all information contained therein is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, content, lessons, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Platform, you are granted a limited, revocable license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Content and the Marks.‌

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

• 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).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors or adult users in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, or identifying handles associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.
• To harvest, mine, collect, compile or retrieve the data of other users of the Platform for any purpose whatsoever.

Additionally, you agree not to:

• Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
• Share any of the Platform’s content with any non-member of the Platform.
• Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
• Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Platform.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Platform.

Your Promises and Representations

By using the Platform, you represent and warrant that: 

• all registration information you submit will be true, accurate, current, and complete; 
• you will maintain the accuracy of such information and promptly update such registration information as necessary; 
• you have the legal capacity and you agree to comply with these Terms of Use; 
• you are not a minor in the jurisdiction in which you reside;
• you are a nurse or nursing student, and possess current and active licensing or accreditation as applicable in the jurisdiction in which you work and/or reside;
• you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise;
• you will not use the Platform for any illegal or unauthorized purpose; and 
• your use of the Platform will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, inaccurate, obscene, or otherwise objectionable.

User Contributions

The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, classes, information databases, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users, other persons, or to the Company (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary as to the User who posted such contribution. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, sell, monetize and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform. You hereby agree to fully and without reservation indemnify the Company against any such claims each and every time you make a contribution of material to the Platform. By using the Platform and making any type of contribution thereto, you are licensing the Company, forever and irrevocably, to use your contributions on the Platform or elsewhere, at the sole discretion of the Company, without remuneration to you. Further, you understand and agree that any contributions of content or any of your data collected by the Platform can be transferred to an entity in succession at any time. Specifically, if the Company ever sells the Platform, in part or in whole, your rights hereunder to any User Contribution or other contribution which you have made will transfer in full to the purchaser or investor.

Payment of Fees

You may be required to purchase or pay a fee to access some or all of our services as directed by our Membership Terms. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platform. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Platform and for membership to and use of the Platform. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases and memberships, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Platform.

Canceling Your Account

You can cancel your membership at any time by contacting us at [email protected]. Your cancellation will take effect at the end of the current payment term. ‌If your account is cancelled, suspended, or terminated, either by you or NurseCon, you no longer have access to content on the NurseCon Platform, including user profiles, conversations, courses, course certificates, discounts, and any other content we choose.  We may, at our discretion, delete or remove user data for non-active accounts.

‌Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, could create liability for the Company, or is inconsistent with the Company’s plans for tone, content and philosophy of the Platform.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
• Terminate or suspend your access to all or part of the Platform for any or no reason, without refunding any monies paid by you to the Company, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND/OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and/or do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

‌Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. Please also review our Community Guidelines, as they serve as a supplement to these Content Standards. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable either to the standards of common decency or to the subjective standards of the Company, whose word and decision is last and final.
• Promote pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, sexual identity, age, or any other personal factor whatsoever.  Please see Community Guidelines for more specific information.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.  (Professional discussions of controversial subjects — e.g. euthanasia/assisted suicide as one example — that include a nursing-related feature or element may be discussed in a professional manner as it adds to the value of the learning and discourse for which the Platform was created.)
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, unless such activity is being directly promoted by the Company.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if such impression is inaccurate, misleading or untrue.

We reserve the right, but not the obligation, to:

• monitor the Platform for violations of these Terms of Use; 
• take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; 
• in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; 
• in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and 
• otherwise manage the Platform in a manner designed to protect our rights and property, the experience of other users, the rights and best interests of sponsors and advertisers, and to facilitate the proper functioning of the Platform.‌

Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of who knowingly and repeatedly infringe on the intellectual property of others. 

Reliance on Information Posted

The information presented on or through the Platform 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 visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform includes 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. ‌

Changes to the Platform

We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.‌

Online Purchases and Other Terms and Conditions

Membership to the site is covered by the Terms of Use.  All other purchases through our Platform or other transactions for the sale of goods, services or information formed through the Platform, or resulting from visits made by you, are governed by our Membership Terms, which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services, or features of the Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.‌

Linking to the Platform and Social Media Features

You may link to our 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 the part of the Company.

This Platform may provide certain social media features that enable you to:

• Link from your own or certain third-party Platforms to certain content on this Platform.
• Send emails or other communications with certain content, or links to certain content, on this Platform.
• Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party Platforms.

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:

• Establish a link from any Platform that is not owned by you.
• Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Platform other than the homepage.
• Otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms of Use.

The Platform from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. ‌

Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience and/or to create revenue for and otherwise monetize the Platform. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of outside/third party 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 Platforms linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Platforms.

Geographic Restrictions

The owner of the Platform is based in the State of Florida in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You hold the Company harmless for any losses you incur by accessing the Platform in any way that violates the laws, rules, regulations or customs of any given jurisdiction, territory, country or geographic region.‌‌

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform 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 Platform for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT. YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM OR THE CONTENTS CONTAINED, OFFERED OR SOLD THEREON. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.‌ ‌

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. ‌

Indemnification

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 violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.‌

Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (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 Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the state of Florida, in each case located in the City of Sanford and County of Seminole, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country, state, territory, jurisdiction, district, or other legal or geographical designation. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.‌

Arbitration/Alternative Dispute Resolution

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.‌

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.‌

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use 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 Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 Use will continue in full force and effect.‌

Entire Agreement

The Terms of Use, Membership Terms and our Privacy Policy constitute the sole and entire agreement between you and Nursecon regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.‌

Your Comments and Concerns

This Platform is operated by Nursecon LLC.

All notices of copyright infringement claims should be sent to the Company. All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to [email protected].

Last modified July 4, 2021

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Privacy Policy

Introduction

We at Nursecon LLC (hereinafter sometimes referred to as “Company,” “We,” “Us,” “Nursecon,” “Site,” “Website,” “Platform”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit or interact in any way with Nursecon, its employees, affiliates, contractors, nursecon.com or NurseCon App platform (our “Platform”), what we will use that information for, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• On this Platform.
• In email, text, and other electronic messages between you and this Platform.
• Through mobile and desktop applications, if any, which provide dedicated non-browser-based interaction between you and our Platform.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); and/or
• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising, which includes paid or sponsored content) that may link to or be accessible from or on the Platform.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you may choose not to use our Platform. By accessing or using this Platform, you agree to this Privacy Policy, Membership Terms, the Terms of Use, and any and all related policies and procedures undertaken by the Company to use your information in the ways it deems appropriate. This policy may change from time to time. Your continued use of this Platform after we make changes is deemed to be acceptance in full of those changes.  It is your responsibility to check the policy periodically for updates.

Summary

The Platform and activities related thereto, such as payment for membership, collects a variety of types of information from its users, and uses such information for a variety of reasons, including but not limited to tracking of the use of the Platform for quality control purposes, monetization of the information to generate revenue, and other purposes described more fully herein.  The Platform does not use the information it collects for any unusual purpose, or for any purpose for which such information is not used by virtually every other website, group, platform or service.  The Company will do what it can reasonably do to protect such information from access by unauthorized parties, including but not limited to outside hackers.  As the law and technology change, so will this Privacy Policy from time-to-time.  Use of the Platform is completely voluntary on your part.  If you do not wish for your information to be used as described herein, you have several options, one of which is to discontinue use of the Platform.  Other options are described further below.

Your use of the Platform is subject to the terms described herein and in the Terms of Service.

Users Under the Age of 18

Our Platform is not intended for users under 18 years of age. No one under age 18 may provide any information to or on the Platform. We do not knowingly collect personal information from users under the age of 18. If you are under the age of 18, do not use or provide any information on this Platform or through any of its features, register on the Platform, make any purchases through the Platform, use any of the interactive or public comment features of this Platform, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a user under the age of 18, we will delete that information. If you believe we might have any information from or about a user under 18, please contact us at this Platform’s registered agent’s address. California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. 

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Platform, including information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number, date of birth, social security number and/or any other personal information, the nature of which may change from time-to-time, and/or any other identifier by which you may be contacted online or offline (”personal identifiable information”);
• That is about you but individually does not identify you; and/or
• About your internet connection, the equipment you use to access the Platform, and usage details.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the Platform. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies including those not yet created or invented.
• From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Platform may include:

• Information that you provide by filling in forms on our Platform. This includes information provided at the time of registering to use our Platform, subscribing to our service, posting material, and/or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, when you seek information or the answers to questions of any nature, when you report a problem with our Platform, and during the course of other use-related activities on the Platform.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through the Platform and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Platform.
• Your search queries on the Platform.
• Any other type of interaction with our Platform and/or with other users of our Platform.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Platform, or transmitted to other users of the Platform or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Risks can include employment consequences when your User Contributions contravene any policy by your individual employer. Although we limit access to certain pages (e.g. your private account profile) you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Platform with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

‌As you navigate through and interact with our Platform, we may use automatic data collection technologies to collect certain information about your computer/device equipment, browsing actions, and patterns, including but not limited to:

• Details of your visits to our Platform, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Platform.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (via the use of behavioral tracking tools such as “cookies”).

The information we collect automatically may only be statistical data but also may or may not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Platform and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Platform according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Platform.
• Monetize your use of the Platform by selling or sharing such data with partners, associates, customers, data conglomerators, data sales agencies, or other entities for the purpose of such activity.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Platform. You can review our Cookie Policy for more information.
• Web Beacons. Pages of our the Platform, our e-mails and other forms of communication may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages, opened an email, etc. and for other related Platform statistics (for example, recording the popularity of certain content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Platform are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Platform. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We may or may not have any control over these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Platform and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account/subscription, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Platform or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Platform.
• To monetize your information as a source of revenue for our Platform.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. 

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. We may disclose your personal information for these purposes.  If you click on or otherwise interact with an advertisement, the advertiser may assume that you consent to these personal disclosures.

Disclosure of Your Information

We may disclose aggregated information about our users, with or without information that identifies any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of nursecon.com’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by nursecon.com about our Platform users is among the assets transferred.
• To third parties to market their products or services. 
• To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Platform, we will transmit the contents of that email and your email address to the recipients.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• We may also disclose your personal information:
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of any NurseCon related entity, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Promotional Offers from the Company. The Company may wish to provide you with any variety of promotional offers.  Promotional offers will be designed to offer you a good or service at a special rate or price, while also providing some form of revenue for the company, in a sponsorship, advertising, commission or some other structure which benefits the Company, as well. If we have sent you a promotional email, you may opt-out by clicking the “unsubscribe” link.  Removal from the distribution list may take up to 10 business days.  This opt-out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions. <opting out may restrict you from receiving certain important notices>

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website.

By participating in, subscribing to, or using the NurseCon platform in any way, you are providing valuable information to NurseCon.  You are hereby explicitly consenting to Nursecon’s use of your information, and further understand and agree that we can transfer any and all data and information, whether it be anonymous, or contain identifying information, to any successor in interest of NurseCon at any time ever.

California residents may have additional personal information rights and choices. Please see [Your California Privacy Rights] for more information.

[Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: [email protected].]

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Platform and visiting your account profile page.

You may also send us an email at [email protected] to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Platform, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Platform users. Proper access and use of information provided on the Platform, including User Contributions, is governed by our Terms of Use.

California residents may have additional personal information rights and choices. Please see [Your California Privacy Rights] for more information.

[Your California Privacy Rights]

[California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us at: NurseCon | 4025 W 1st Street | Sanford, FL 32771][If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit [HYPERLINK TO CCPA PRIVACY NOTICE FOR CALIFORNIA RESIDENTS].

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. [All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and other information will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Platform like message boards. The information you share in public areas may be viewed by any user of the Platform.

The transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform. 

‌Changes to Our Privacy Policy

It is our policy to advise that substantial changes have been made to our Privacy Policy and or Terms of Use via an email to the registered user’s email address of record as specified upon registration to the Platform and/or through a notice on the Platform home page. The date the privacy policy was last revised is identified at the bottom of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically reviewing this Privacy Policy to check for any changes.

Contact Information

To register a compliment, complaint or concern, please contact us at [email protected].

Last modified July 4, 2021

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