Terms of Service
Last Updated: March 14, 2023
By using our website, mobile site or app (the "Site"), you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Notice, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms of Service). Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. Your accessing the Site for the limited and exclusive purpose of reviewing these Terms of Service does not constitute your "use" of the Site or agreement to be bound by these Terms of Service unless you further access or use the Site.
No one under 18 is allowed to use or access the Site. By using the Site, you state that:
You are at least 18 years old.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website and update the "Last Updated" date to reflect the date of the changes. If we make a material change to the Terms of Service, we will not enforce the material change retroactively (i.e., to use of the Site occurring before the change) unless we notify you by posting a prominent notice of the change on the home or landing page of the Site or otherwise notify you of the changes so you may elect whether to accept the changes by continuing to use the Site, or terminate your account. By continuing to use the Site after we post any such changes or notify you of any material changes, you accept the Terms of Service, as modified.
We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.
Rights and Restrictions Relating to Site Content
Your Limited Right to Use Site Materials. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. For information about requesting permission to reproduce or distribute materials from the Site, please contact us.
Our Right to Use Materials You Submit or Post. When you submit or post any material via the Site, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you. You shall be solely responsible for the accuracy, quality, integrity and legality of the material uploaded or posted on the Site. You agree not to provide or post any Protected Health Information (as defined in 45 CFR § 160.103, PHI) on the Site. You represent and warrant that: (i) you have the right and authority necessary to post materials on the Site, and (ii) that such uploads or posts will be provided at all times in compliance with all applicable law, including, to the extent applicable, with the Health Insurance Portability and Accountability Act of 1996, Public Law 104 191 and regulations promulgated thereunder by the U.S. Department of Health and Human Services, each as amended from time to time (HIPAA). Additionally, you agree not to post or upload any content or data which (i) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (ii) contains computer viruses, worms, time bombs, trojan horses and other harmful or malicious code, files, scripts, agents or programs; (iii) violates the rights of others, such as data which infringes on any intellectual property rights or violates any right of privacy or publicity; or (iv) otherwise violates any applicable law. You further agree not to interfere or disrupt networks connected to the Site, not to interfere with another individuals use of similar services and to comply with all regulations, policies and procedures of networks connected to the Site.
Limitations on Linking and Framing. You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship of your website or service by us or by our Site. However, you may not, without our prior written permission, frame or inline link any of the content of our Site, or incorporate into another website or other service any of our material, content or intellectual property.
Limitations on Use of Associated Press Materials. Some of the material available on this Site is provided by the Associated Press. By using this Site you agree and acknowledge that (1) you will not publish, display, broadcast, or rewrite for broadcast or publication, or redistribute, directly or indirectly in any medium, any Associated Press text, photo, graphic, audio, and/or video material; and (2) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions in its materials or in the transmission or delivery of all or any part of its materials, or for any damages arising from any of the foregoing. In addition to those set forth in this paragraph, the Associated Press may impose other terms and conditions on the use of its materials. Please click here for more information.
Access to Certain Features of Our Site
To access certain features of our Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as discussion forums, blogs, photo- and video-sharing pages or social networking features, you may also be asked to register with us on the form provided and such registration may require you to provide information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any information you provide to us as part of the registration process is governed by the terms of our Privacy Notice.
We respect the privacy of the users of our Site. Please review our Privacy Notice. These Terms include and fully incorporate our Privacy notice.
Nurse.com would like to send you information about products and services of ours that we think you might like, as well as those of our partner and affiliate companies. By creating an account on Nurse.com, you agree to receive marketing communications from Nurse.com and partner and affiliate companies. You will always have the opportunity to opt-out of marketing communications at a later date.
Responsibility for Your Username and Password
To use certain features of our Site, you will need a username and password to create an account. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate. In addition, we also reserve the right to terminate the use of any username or account, or to deny access to the Site or any features of the Site, to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Certain sections of this Site may allow you to purchase different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on our Site, or on a third-party website that you have accessed via a link on our Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or any of our affiliates, arising from your purchase or use of any products or services made available by third parties through the Site.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site, and to purchase services or products through the Site, for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
Subscription, Billing and Cancellation
i. Ongoing Subscription. Nurse.com offers two annual Unlimited Continuing Education subscription plans: Standard ($49.95/year) and Premium ($149.95/year). Your Nurse.com subscription will last one (1) year from the date of purchase. You must have Internet access and provide Nurse.com with a current, valid, accepted method of payment (which may be updated from time to time, "Payment Method") to use the Nurse.com service. We will bill the subscription fee to your Payment Method. Your subscription shall renew automatically after 365 days, on your renewal date. You must cancel your subscription before it renews, after one year, to avoid billing of the next installment's subscription fees to your Payment Method.
i. Recurring Billing. By starting your Nurse.com subscription and designating a Payment Method and recurring billing, you authorize us to charge you annual subscription payments at the then current rate. You acknowledge that the amount billed each year may vary for reasons that may include changing or adding to the plan to which you initially subscribed, and you authorize Nurse.com to charge your Payment Method for such varying amounts.
iv. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS OF TIME. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all our subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at Nurse.com’s sole discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
v. Payment Methods. You may edit your Payment Method information within the Nurse.com website. If a payment is not successfully settled, due to Payment Method expiration, insufficiency of funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
vi. Cancellation. You may cancel your Nurse.com subscription at any time through your account. Your subscription may be cancelled and refunded within 30 days of purchase if you have completed no more than 3 contact hours obtained with your subscription. If more than 3 contact hours have been completed during the first 30 days of your subscription, then your subscription can be proactively cancelled at the time of your next renewal (12 months from date of purchase). If you use the 50% discount that is part of the Standard Unlimited CE Subscription to purchase other products, and then request to cancel your membership, we will be happy to refund you the difference between your membership price and the full price of the products purchased with your discount. Please contact Nurse.com Customer Support for assistance with subscription renewal cancellations.
Responsibility for User-Provided Content
This Site may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages, email services and social networking features that allow feedback to us and allow users to interact with each other on the Site and post content and materials for display on the Site. This Site also may include other features, such as personalized home pages and email services, that allow users to communicate with third parties. By accessing and using any such features, you represent and agree: (i) that you have read and agree to abide by our Community Rules; (ii) that you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material; (iii) that you are making your posting or submission with the express consent of anyone pictured in any material you post or submit, (iv) that you are 13 years of age or older; (v) that the materials will not violate the rights of, or cause injury to, any person or entity; and (vi) that you will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of related to any content or materials displayed on or submitted via the Site by you or by others using your username and password. You also grant us a license to use the materials you post or submit via such features, as described above under the header "Rights and Restrictions Relating to Site Content."
Responsibility for what is posted on discussion forums, blogs, photo- and video-sharing pages, and other areas on the Site through which users can supply information or material, or sent via any email services that are made available via the Site, lies with each user – you alone are responsible for the material you post or send. We are not responsible for the speech, content, messages, information or files that you or others may transmit, post or otherwise provide on or through the Site.
You understand that we have no obligation to monitor any discussion forums, blogs, photo- or video-sharing pages, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or any other reasons.
You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.
All classified ads are subject to the applicable rate card, copies of which are available from our Advertising Dept. All ads are subject to approval before publication. The Site reserves the right to edit, refuse, reject, classify or cancel any ad at any time. Errors must be reported in the first day of publication.
The Site shall not be liable for any loss or expense that results from an error in or omission of an advertisement. No refunds for early cancellation of order.
When you submit a classified ad for publication on the Site, you agree that the advertisement as it appears on the Site becomes our property and you assign all ownership interest in the advertisement as it appears on the Site under copyright law or otherwise to us. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and require proper punctuation. We reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in our sole discretion. Rates and specifications for any advertisement are subject to change.
Real Estate Advertisements; Equal Housing Opportunity
The Federal Fair Housing Act makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." State law may also forbid discrimination based on these factors and others. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. To complain of discrimination call the U.S. Department of Housing and Urban Development at 800-669-9777.
Our Site may permit users to post, and search for, job openings. We do not knowingly accept listings regarding employment that are not for bona fide job opportunities. We also do not knowingly accept listings that discriminate or intend to discriminate on any illegal basis, or that are otherwise illegal. If you think that a listing posted on our Site discriminates on any illegal basis, or is otherwise illegal, please contact us. We encourage you to investigate fully and understand all aspects of any job you are considering.
Limitation on Use of Company Directories
The information contained in any company directories that may be provided on the Site is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information.
Modifications to, or Discontinuation of, the Site
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.
Throughout our Site, we have provided links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO US TO GRANT THE LICENSE CONTAINED IN THIS TERMS OF SERVICE AND TO PROVIDE YOU WITH ACCESS TO THE SITE AND SERVICES.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
You acknowledge that by using the Site, you may incur charges from your wireless carrier, internet service provider or other method of internet or data access, and that payment of any such charges will be your sole responsibility. You agree that your use of the Site will be in accordance with all requirements of your wireless carrier, internet service provider and other method of internet or data access. We do not control network access. Your use of these networks may not be secure and may expose your personal information sent over such networks.
The Site is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. Stock and mutual fund quotes, and related financial news stories may be delayed at least 20 minutes, as may be required by the stock exchanges and/or the financial information services. The Site should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Your interactions with companies, organizations and/or individuals found on or through our Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Site, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, (1) that arise out of your use of the Site, violation of these Terms of Service by you or any other person using your account, or your violation of any rights of another, and (2) any materials or content you upload or post onto the Site. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
Suspension and Termination of Access
You agree that, in our sole discretion, we may suspend or terminate your password, account (or any part thereof) or use of the Site, or any part of the Site, and remove and discard any materials that you submit to the Site, at any time, for any reason, without notice. You agree that we will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to OnCourse Learning Legal Department N19 W24075 Riverwood Drive, Suite 200 Waukesha, WI 53188 Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site.
The Site is intended for use only by residents of the United States over the age of 13. It may not comply with legal requirements of foreign countries. Other countries may have laws and regulatory requirements that differ from those in the U.S. By using this Site, you agree to the transfer and processing of any personal information you provide to the U.S. as set forth in the Privacy Notice under the laws of the United States and the State of New York, rather than under the law of your home country.
This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service will govern. This agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
This agreement is personal to you and you may not assign it to anyone. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. These Terms of Service are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Service may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms of Service must be filed by you within one year after such claim or cause of action arose or be forever barred.
Nurse.com Jobs Jobseeker Matching
A. Terms of Service for Job Seekers (“Terms” or “Agreement”)
Relias LLC (“Company”) may amend these Terms at any time. Continued use of the Site your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.
1. Job Listings
Nurse.com may make available Job Listings employment opportunities and other job-related content, (“Job Listings” ) through Nurse.com’s Candidate Matching Tool. Job Listings will be generated by Nurse.com to represent employment opportunities from relevant employers (“Employers”). If you leave the Nurse.com Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Employers may inform Nurse.com throughout the application process, to provide updates. You acknowledge and agree that Nurse.com has no control over the Employer(s) or their respective websites. You agree to Nurse.com’s use of, and receipt of information from, any such job application process conducted with an Employer. Nurse.com has no obligation to screen any Job Listings and may exclude or remove any Job Listings for any reason. You understand and agree that Nurse.com has no obligation to present you with any or all Job Listings. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any Employer or other user, including the identity of such Employer or other user. Nurse.com assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Listings. Nurse.com may reformat Job Listings so that you may read them more clearly on various platforms. For purposes of this Section A of the Nurse.com General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Job Seeker. Nurse.com may provide functionality to call a telephone number contained in a Job Listing using the phone app on a mobile device. Nurse.com cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Listing you are viewing.
2. Resumes, Profile, and Recommended Jobs
By creating a Nurse.com profile through the Site (“Nurse.com Profile”) and opting in for the Candidate Matching Tool, you are requesting and authorizing Nurse.com to make available your Profile to third parties, such as Employers, that Nurse.com believes may have an interest in your hiring. If you do not want Nurse.com to make your Profile available to third parties or if you do not want Employers to contact you, simply toggle the Candidate Matching Tool preference in your Nurse.com account to the “off” setting.
By opting in for the Candidate Matching Tool within your Nurse.com Profile, Nurse.com may share with you Job Listings that match the contents of Your Profile. Applying for the Job Listings presented to you through the Candidate Matching Tool does not guarantee job interviews or hiring. Even where a Job Listing is shared with you, Nurse.com assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Listings or highlights. Nurse.com assumes no responsibility and disclaims all liability for the resume or application information you post, send or receive through the Site. By uploading a file resume on the Site, you agree that Nurse.com may convert your file resume to a different file type. It is your responsibility to review your Profile to ensure that the content appears as you intend, and that it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Nurse.com to do so. It may take a few days for updates to your account or resume to be reflected.
Your Nurse.com Profile consists of information you provide on the Site in the “Profile” section of your account. This Profile may include, but is not limited to including, licensure, certification(s), resume, curriculum vitae, employment history, profile picture, and other personal data that has been uploaded by you into your Nurse.com profile.
By opting in for the Candidate Matching Tool within your Nurse.com Profile, you agree and understand that Nurse.com may access your resume to offer personalized insights, recommendations, and updates to your resume as well as for data analytics to improve the user experience.
3. Communications and Other Actions on the Site
When you view, send, store or receive materials (including Job Listings, resumes, messages, applications, questions and responses in applications, and any other information) through or using the Site, Nurse.com may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Nurse.com product or service whether via automated means or otherwise. When an Employer views, sends, stores or receives materials through their use of the Site, Nurse.com may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Listing or your application, such as pausing or closing a Job Listing, opening your Profile or application, viewing your application, responding to your application, and making a decision with regards to your application or Job Listing. Nurse.com may inform the Employer about activities you take on the Site or your use of the Site, for example, whether you are online on Nurse.com, and you hereby consent to Nurse.com taking such actions.
Nurse.com may offer you the opportunity to receive a text message notification from Nurse.com. In such an event you will enter your phone number on the Nurse.com consent form and by entering your phone number you are representing and confirming it is your phone number and that you have the right to accept text messages at the number. You agree to accept such text message reminder on your cell phone, including messages sent by automated telephone dialing system. You acknowledge that if the words “automated,” “automatic,” or similar words are used on the Site in connection with calls or text messages, these words do not refer to the generation or storage of a phone number. Nurse.com only calls the number that you generated and stored when you provided your number to Nurse.com. In the event you change your phone number, you agree to promptly update your Nurse.com Profile with the new number. You agree that by providing your phone number or using the Site, you are establishing a business relationship with Nurse.com and that Nurse.com may send you text messages in connection with that relationship. Please note that since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to receive such text messages. Should you wish to revoke your prior permission to allow text message notifications from Nurse.com, you may do so within your Nurse.com Profile notification preferences at any time.
Nurse.com may also insert functionality into messages relating to your application allowing you to place calls directly to third parties. Please note this functionality is provided solely as a courtesy and that such calls are not placed through or tracked by Nurse.com. Your standard calling rates with your phone provider will apply.
You may receive messages, including but not limited to text messages, emails or email notifications corresponding with your or an Employer’s (in the event you applied for a job) activity on or use of Nurse.com or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you accept an interview request, it is your responsibility to follow up with the employer separately to ensure they know your response, do not rely on notifications through Nurse.com. Nurse.com disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
Once an Employer has your contact info, you agree that Nurse.com is not responsible or liable for the manner in which the Employer uses the info. If you send or receive communication on or through the Site, you agree to your communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other Nurse.com policies, content moderation, and to improve the Site or any other Nurse.com product or service.
4. Salary, Career, Hiring and Other Information Provided by Nurse.com
Nurse.com may provide some information and content to users for informational purposes only. For example, Nurse.com may provide you with data regarding estimated salaries for a given Job Listing, title, location, or number of applies to a Job Listing. This information provided by Nurse.com is based on estimates given for informational purposes only and without warranty, and is subject to change or varying levels of accuracy. Please note that all salary figures are approximations based upon Employer submissions to Nurse.com. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures. Nurse.com may also display publicly available information about employers on Company Pages. Information on Company Pages is presented for informational and promotional purposes only, is subject to change, and may be gathered from or generated by third parties. Nurse.com assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Company Page. Please contact the employer for the most accurate and up-to-date company information.
Similarly, career-related or hiring-related information provided by Nurse.com is for informational purposes only and is in no way to be construed as professional career counseling or staffing services. As a user of the Site, Nurse.com may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your Profile or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired. You understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, or assurance of being hired, and you take full responsibility for use of these services or guides
5. Your Job Seeker Data
As a Job Seeker, you take a variety of actions on our Site and you provide various information. You know exactly what data has been shared with Nurse.com because you are the person who provided the information or undertook the activity. If you have a Nurse.com account, you agree that Nurse.com may associate this data with your Nurse.com Candidate Matching profile and use this observed factual data to suggest jobs to you. You also agree that Nurse.com may contact you based on this observed behavior or provided info on behalf of Employers or Nurse.com itself. When you make changes to your Nurse.com account, including, but not limited to, updating, deleting, or changing settings on Your Resume, it may take a few days for the changes to be reflected.
In addition, within the data contained in your Nurse.com Profile, Employers may have the opportunity to ascertain certain demographic information about yourself, such as your race and ethnicity, gender, age, LGBTQ+ community membership, and disability status (“Demographic Information”). While this Demographic Information is not explicitly asked within the Profile, an employer may, for example, infer your approximate age by the date of your high school graduation listed on your curriculum vitae. By choosing to provide the information for your Profile, you agree and understand that some Demographic Information may ultimately be shared with Employers. You further acknowledge and agree that another Job Seeker’s Demographic Information is personal information, and to the extent permitted by law you waive any right to request or view Demographic Information pertaining to any other Job Seeker.
6. Nurse.com Hiring Platform
Nurse.com Candidate Matching is a platform designed to automate and streamline Employer hiring and employment decision-making processes by allowing users access to various products such as Nurse.com Interview, or related services (“Nurse.com Hiring Platform”). Employers may offer you the opportunity to participate in hiring activities that might be supported by Nurse.com Candidate Matching. YOU UNDERSTAND AND AGREE THAT EMPLOYER IS RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING ITS EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT EMPLOYER INDEMNIFIES NURSE.COM AGAINST ANY AND ALL CLAIMS ARISING FROM EMPLOYER’S USE OF NURSE.COM CANDIDATE MATCHING OR SIMILAR PRODUCTS. NURSE.COM DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT EMPLOYER’S USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW. Nurse.com has no control nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further, you understand that Nurse.com is not an employment agency by offering Nurse.com Candidate Matching and related tools. By using Nurse.com Hiring Platform, you understand that Nurse.com is not procuring employees for Employer or opportunities for Job Seekers. Nurse.com merely provides Nurse.com Candidate Matching as a tool that enables Employers and Job Seekers to exchange information as they determine. Nurse.com reserves the right to update these Terms of Service for Job Seekers as needed.
Company may subcontract or delegate the services described hereunder to any third party without your prior written consent, provided that Company shall remain responsible to you for any services for which it subcontracts or delegates.
7. Governing Law, Dispute Resolution,
This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of North Carolina, United States of America without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Wake County, North Carolina, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Wake County, North Carolina, U.S.A.