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Terms and Conditions of Use

LeNurse.com provides an online service for job seekers and employers. Please review the following terms that govern your use of the Site.  Please be advised that your use of this web site constitutes your agreement to follow and be bound by the following Terms and Conditions.

Attention: This Site and these Terms and Conditions may be changed by LeNurse.com with or without notice.  Please review this link on a regular basis for changes.  Continued use of this web site following any change constitutes your acceptance of the change.  
Should you object to any term or condition of the Terms of Use, your only recourse is to immediately discontinue the use of LeNurse.com?  We reserve the right, at our sole discretion, to change these Terms of Use at any time.

Privacy Policy
Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

1. LICENSES

SERVICE LICENSE: Subject to these Terms of Use, LeNurse.com hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by LeNurse.com. The rights granted herein are subject to your compliance with the Terms of Use.

LICENSE TERM: The term of your license shall commence on the date that you accept these Terms of Use and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or termination by LeNurse.com . Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of these Terms of Use.

OWNERSHIP: LeNurse.com retains all rights, titles and interest in and to LeNurse.com , including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof.  LeNurse.com and its services are protected by applicable US laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the LeNurse.com services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from LeNurse.com. All rights not expressly granted to you herein are reserved by LeNurse.com.

2. GENERAL LICENSE CONDITIONS

As a user of this service, you understand that all postings are the sole responsibility of the person from whom such content originated. You and only you are entirely responsible for each individual item of content that you submit to or post on LeNurse.com. You understand that LeNurse.com does not control, and is not responsible for, content made available through our Service, and that by using our Service, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

Furthermore, the LeNurse.com site and the content available through its Service may contain links and references to other websites which are completely independent of LeNurse.com. LeNurse.com makes no representation or warranty as to the accuracy or authenticity of the information contained in any such website. Your linking to any other website is at your own risk.

You agree that you must evaluate, and bear all risks associated with the use of any content, that you may not rely on said content, and that under no circumstances will LeNurse.com be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via LeNurse.com.

You acknowledge that LeNurse.com does not pre-screen or approve content, but that LeNurse.com shall have the right (but not the obligation) at its sole discretion to delete or move any content that is available via the Service, for violating the letter or the spirit of the Terms of Use or for any other reason. The LeNurse.com site and the content available through its service may link you or provide you with access to third party content which is completely independent of LeNurse.com, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that LeNurse.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you understand and agree that LeNurse.com is under no obligation to become involved.  In the event that you have a dispute with one or more other users, you hereby release LeNurse.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of any kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service. If you are a California resident, by registering on LeNurse.com you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

LeNurse.com services may allow you to create content, including but not limited to photos, screenshots or a video. In exchange for use of LeNurse.com services, and to the extent that your contributions through use of such services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant LeNurse.com a non- exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to LeNurse.com and other users’ use and enjoyment of such assets in connection with the LeNurse.com and related goods and services under applicable law. This license grant to LeNurse.com, and the above waiver of any applicable moral rights, survives any termination of these Terms of Use.

LeNurse.com requires an internet connection to access its services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of LeNurse.com to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to LeNurse.com services. By using the LeNurse.com services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then LeNurse.com or certain features of LeNurse.com may not operate or may cease to function properly, either in whole or in part.

You further acknowledge and agree that LeNurse.com may, in its sole discretion, preserve or disclose your content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process; enforce the Terms of Use; respond to claims that any content violates the rights of third parties; respond to claims that contact information (e.g. phone number, street address) of a third party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of LeNurse.com, its users, or the general public.

You agree not to submit, post or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of race, ethnicity, religion, gender, sexual orientation, age, or disability. You acknowledge that LeNurse.com may establish limits concerning use of its service; including the maximum number of days that content will be retained by the service, the maximum number and size of postings that may be transmitted or stored by the service, and the frequency with which you may access the service.

You further agree that LeNurse.com has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the service. You acknowledge that LeNurse.com reserves the right at any time to modify or discontinue the service (or any part thereof) with or without notice, and that LeNurse.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.

3. WARRANTY

3.1 Warranty for Physical Software Products: Not Applicable.

3.2 No other Warranties: NOTWITHSTANDING THE ABOVEMENTIONED WARRANTY FOR PHYSICAL STORAGE MEDIUM SPECIFIED IN SECTION 3.1 ABOVE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE LeNurse.com SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. LeNurse.com DOES NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

LeNurse.com DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE LeNurse.com SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE LeNurse.com SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE LeNurse.com SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICES OR THAT ANY ERRORS IN THE LeNurse.com SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY LeNurse.com OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

4. LIMITATION OF LIABILITY

IN NO EVENT WILL LeNurse.com BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE LeNurse.com SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT LeNurse.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL LeNurse.com LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF LeNurse.com AND IT’S SERVICES.

5. TERMINATION: These Terms of Use will terminate automatically if you fail to comply with its terms and conditions. In such event, you must cease and desist from accessing any LeNurse.com Services. With regards to Software delivered on a physical storage medium you can end this Term of Use by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer or mobile device on which it has been installed.

6. EQUITABLE REMEDIES: You hereby agree that if these Terms of Use are not specifically observed, LeNurse.com will be irreparably damaged, and therefore you agree that LeNurse.com shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms of Use, in addition to any other available remedies.

7. INDEMNITY: You agree to indemnify, defend and hold LeNurse.com, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the LeNurse.com Services pursuant to the Terms of Use; or (ii) your breach of these Terms of Use.

8. MISCELLANEOUS: These Terms of Use represent the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a written document executed by both parties.  If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of these Terms of Use shall not be affected.

9. GOVERNING LAW AND DISPUTE RESOLUTION. These Terms of Use will be governed by the laws of United States of America without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of or relating to these Terms of Use or the breach, termination or validity thereof shall be finally settled at LeNurse.com discretion (i) at your domicile's competent courts; or (ii) by arbitration in accordance with the United States Federal Arbitration Act. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST LeNurse.com ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT support@LeNurse.com

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Rev 0, dated 6/4/2014