Welcome to NPClinicalMatch.com, the service that matches (the “Service“) nurse practitioner students (a “Preceptee“) with clinical teachers or instructors (“Preceptors,” and collectively with Preceptees, “Users“), operated by NP Clinical Match, LLC, a Nebraska limited liability company (the “Company“).
- This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Website. This Agreement includes all terms at the time you access the Website, and any subsequent changes or revisions.
- By accessing the Website or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein, and you consent to have this Agreement and all notices provided to you in electronic form. This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company on the Website.
- Eligibility and Qualifications.
You must be at least 18 years of age to access the Website or use the Service. In addition, by using the Service, you represent and warrant that you are eligible and qualified to receive the Service in the form you request, and you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Any use of the Service is void where prohibited.
- Service Terms.
All Service is provided subject to all terms and conditions contained in the Company’s Preceptee and Preceptor agreements. The Company makes no warranty or representation of any kind regarding the Service or the performance of any Preceptee, and each Preceptee shall be fully and solely responsible for meeting coursework requirements.
- Term and Termination.
- This Agreement will remain in full force and effect at any time you access the Website, and while you use the Service. After access to the Website or the Service is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
- The Company may terminate or suspend the Service at any time and without notice. If the Company believes that you have breached this Agreement, you will not be entitled to any refund and, if applicable, all unpaid amounts you owe will be immediately due. The Company is not required to disclose the reason for the termination.
- Prohibited Use and Activities.
- The Website and Service may not be used for any purpose other than that intended by NP Clinical Match, such as advertising or soliciting any user to buy or sell any products or services not offered by the Company. Users may not use any information obtained from the Website or Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent.
- The Company reserves the right to investigate and/or terminate your access if you have misused the Website or the Service, or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the Website but involve Users you meet through the Service.
- Users’ Conduct.
- USERS ARE SOLELY RESPONSIBLE FOR THEIR CONDUCT AT ALL TIMES, AND THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING USERS’ CONDUCT. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON USERS, OR VERIFY USERS’ STATEMENTS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
- The Company is not responsible for the conduct of any User. As noted in and without limiting Sections 10 and 11 below, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Users.
By providing your contact information in connection with the Website or the Service, you agree and consent to receive communications from us related to the Website or the Service.
- Information Provided by You.
- You are solely responsible for the information that you post, upload, publish, link to, transmit, submit, record, or otherwise make available (hereinafter, “provide“) through the Website or the Service or to other Users. You represent and warrant that all information you provide is accurate and truthful and you will promptly update any information provided that may be or subsequently become inaccurate, misleading or false. You also represent and warrant that all information you provide complies with all applicable laws and regulations.
- You may not provide any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). The Company reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Website or Service and terminating or suspending any related User.
- By providing information through the Website or as part of the Service, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute it, (ii) prepare derivative works or incorporate it into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your information by the Company will not infringe or violate the rights of any third party.
- You agree that the Company may access, preserve and disclose any information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any information violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Website or Service; or (v) protect the rights, property or personal safety of the Company or any other person.
- Proprietary Rights.
The Company owns and retains all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
The Website may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
- You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate information provided in connection with the Website or the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any information or communications; (iii) the conduct, whether online or offline, of any User; or (iv) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE WEBSITE AND THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT OR INFORMATION CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
- THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY USER OR THIRD PARTY INFORMATION ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR IS PROVIDED THROUGH THE SERVICE.
- Limitation on Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE.
- Governing Law.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Nebraska without regard to principles of conflicts of law.
- Indemnity by You.
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any information you provide on the Website or in connection with the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
- Entire Agreement; Miscellaneous.
This Agreement, along with the Preceptee and Preceptor agreements and any specific policies of the Company, contains the entire agreement between you and the Company regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.
This Agreement is subject to change by the Company at any time.