The following Terms form a binding legal agreement between you andFlorence Health, Inc. dba The Nursing Beat (“The Nursing Beat”, “our” or “we”). Please read the Terms carefully before using our website at https://www.thenursingbeat.com Services or any other online features, services and/or programs offered by The NursingBeat (collectively, the “Services”). By accessing the Services, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of The Nursing Beat. If you do not agree to any portion of these Terms, you should not access or otherwise use the Services. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on, uploaded to and/or downloaded from the Services.

The most current version of the Terms, which will always be located on the website, will govern our relationship with you. We will try to notify you of material revisions; for example, via a service notification posted to the Services or an email. Your continued use of the Services constitutes your acceptance of any such revisions. You are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).

CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. The Content provided through theServices is for educational and informational purposes only and is in no way intended to serve as a diagnostic service or platform, to provide certainty with respect to a diagnosis, to recommend a particular product or therapy or to otherwise substitute for the clinical judgment of a qualified healthcare professional. You agree that you will not use the Content or the Services to create physician/patient relationships or to diagnose or treat users. You are solely responsible for evaluating the Content and for your use or misuse of theContent in connection with your treatment decisions or otherwise. 

By merely providing access to the Services, The Nursing Beat does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current;(b) F The Nursing Beat has any obligation to update any Content; (c) theContent is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f)your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Services is accurate or complete. Your use of the Services offered therein are subject to federal law, the law of the state where The Nursing Beat maintains yourAccount, or, if The Nursing Beat transfers your Account to another location, where The Nursing Beat currently maintains your Account (“Applicable Law”).

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR THOSE UNDER 18.

SITE USE AND CONTENT

1. You will not reprint, republish or distribute in any way any information or materials found on the Services.
2. You will not use any of the information on the Services for sending emails or for solicitation purposes or for any other purposes involving solicitation in any way.
3. You will not share your password or UserID (defined below).
4. You will access, download from and upload to the Services and use the Services only for your own personal non-commercial use and not for the benefit of any other party or for an organization or other entity or to set up a competing business.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. The Company respects the intellectual property of others, and we ask our users to do the same. If you believe hat your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company with the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Notification of claimed copyright infringement should be submitted to the following email address: hello@thenursingbeat.com

DISCLAIMERS

1. No warranties; Indemnification. You expressly agree that your use of the services is at your sole risk. The website, the services and the content is provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. The Nursing Beat provides the website and the services on a commercially reasonable basis and The Nursing Beat makes no representations or warranties that the website, the services, the content or any services offered in connection with the services are or shall remain uninterrupted or error-free, the content shall be non-infringing on any third party’s intellectual property rights, that defects shall be corrected, that the web pages on the website, the services, any electronic communication or the servers used in connection with the services are or shall remain free from any viruses, worms, time bombs, drop dead devices, trojan horses or other harmful components, or that any person using the services will be the person that he or she represents himself or herself to be. The Nursing Beat does not guarantee that you will be able to access or use the website and/or the services at times or locations of your choosing, or that The Nursing Beat shall have adequate capacity for the website and/or the services as a whole or in any specific geographic area.
2. Indeminfication. You agree to defend, indemnify and hold The Nursing Beat and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by The Nursing Beat, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.‍

LIMITATION OF LIABILITY. In no event will The Nursing Beat be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages arising from your use of the services and/or any service provided in connection with the services, or for any other claim related in any way to the services and/or any service provided in connection with the services, including, but not limited to, (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services and/or any service provided in connection with the services, (c) any unauthorized access to or use of our computer servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the services and/or any service provided in connection with the services, and/or (e) any viruses, worms, time bombs, drop dead devices, trojan horses or other harmful components that may be transmitted to or through the services and/or any service provided in connection with the services by any third party or for any loss or damage of any kind. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions The Nursing Beat’s liability will be limited to the greatest extent permitted by law.‍

‍PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with TheNursing Beat’s Privacy Policy located at https://www.thenursingbeat.com/privacy-policy.

THIRD PARTY CONTENT

1. The Nursing Beat may provide hyperlinks to other websites maintained by third parties, or The Nursing Beat may provide third party content on the Services by framing or other methods. The links to third party websites are provided for your convenience and information only. The content on any linked website is not under The Nursing Beat’s control and The Nursing Beat is not responsible for the content of linked websites, including any further links contained in a third-party website. If you decide to access any of the third-party websites linked to the services, you do so entirely at your own risk.
2. If a third-party links to theServices, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with The NursingBeat. In most cases, The Nursing Beat is not even aware that a third party has linked to the Services. A website that links to the Services: (i) may link to, but not replicate, The Nursing Beat ‘s Content; (ii) may not create a browser, border environment or frame The Nursing Beat’s Content; (iii) may not imply that The Nursing Beat is endorsing it or its products; (iv) may not misrepresent its relationship with The Nursing Beat; (v) may not present false or misleading information about The Nursing Beat’s products or services; and(vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.

COPYRIGHT AND TRADEMARKS.  Everything that appears on the Services is protected under the copyright, trademark, or other intellectual property laws of the United States and other countries and may not be used except as provided in these Terms. The trademarks, service marks and logos used and displayed on the Services are The Nursing Beat, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. The Nursing Beat is the copyright owner or authorized licensee of all text and all graphics contained on the Services. All trademarks and service marks of The Nursing Beat that may be referred to on the Services are the property of The Nursing Beat. Other parties’ trademarks and service marks that may be referred to on the Services are the property of their respective owners. Nothing on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of The Nursing Beat’s trademarks or service marks without The Nursing Beat’s prior written permission. The Nursing Beat aggressively enforces its intellectual property rights. Neither the name of The Nursing Beat nor any of The Nursing Beat other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Services or otherwise, without The Nursing Beat’s prior written permission, except that a third party website that desires to link to the Services and that complies with the requirements of Paragraph 7(b) above may use the name “The Nursing Beat” in or as part of that URL link. If you believe that any Content on the Services violates any intellectual property right of yours, please contact The Nursing Beat at the address, email address or telephone number set forth at the bottom of these Terms.

AVAILABILITY. You acknowledge that the traffic of data through the Internet may cause delays and the website shall not be available on a continual twenty-four hour basis due to such delays and due to delays caused by upgrading, modification, or standard maintenance of the Services.

CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through theServices. By submitting information through the Services, you agree that the information submitted shall be subject to The Nursing Beat Privacy Policy located at https://www.thenursingbeat.com/privacy-policy.

MISCELLANEOUS. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and The Nursing Beat’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and The Nursing Beat Privacy Policy located at https://www.thenursingbeat.com/privacy-policy are the entire agreement between you and The Nursing Beat with respect to your use of the Services and the Services, and supersede any and all prior communications and prior agreements, whether written or oral, between you and TheNursing Beat regarding the Services.

GIVEAWAYS Due to the complexities of international laws regarding giveaways, only U.S. residents who are 18 years of age or older are eligible to enter giveaways. Once a winner has been selected, they will be notified and winner must respond within 72 hours; after that, we will move on to pick another winner. Entrants agree to the platform's terms of use and release the social media platform, and all participating parties, of all responsibility. The Nursing Beat does not guarantee shipping of a tangible good won in a giveaway. Void where prohibited by law.

If you have any questions or comments about this Privacy Statement or the practices of our Services, please feel free to e-mail us at Hello@thenursingbeat.com.

LAST UPDATED: March 2023