The Supported Nurse
Terms of Use

These Terms of Use (the “Terms of Use”) set forth legally binding terms and apply to your use of https://www.thesupportednurse.com (collectively, the “Site”) and govern your contractual relationship with The Supported Nurse LLC and its affiliates (collectively, “The Supported Nurse,” “we,” “us,” or “our”) (together with the Site, the “Services”).  For clarity, the services, products and content provided by third party service providers on the Site (i.e. medical or other health professionals) may be subject to separate terms of use and/or terms and conditions between you and such third party service provider (see also Section 3 below).

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1. ACCEPTANCE OF THIS TERMS OF USE

By registering for and/or using the Services in any manner, including, but not limited to, visiting or browsing the Site, you agree that you have read and agree to be bound by these Terms of Use and all other terms and conditions, operating rules, policies, and procedures that may be published from time to time through the Services by us or otherwise provided to you in connection with the Services, each of which is incorporated by reference into these Terms of Use. If you are accepting these terms on behalf of a company, you represent that you have the authority to do so.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Site in any manner. You may not access, use, and/or participate in the Site if you are under 18 years of age.

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   2. MODIFICATIONS TO THIS TERMS OF USE

The Supported Nurse reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Terms of Use and any other documents incorporated herein by reference. The Supported Nurse will post any amendments on its website in the same location where the prior terms was posted. It is your responsibility to review the Terms of Use for any changes. Your continued use of the Site will signify your assent to, and acceptance of, the amended Terms of Use. If you do not agree to abide by this or any amendment, you are prohibited from participating in the Site. 

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   3. THE SUPPORTED NURSE IS NOT A HEALTHCARE PROVIDER, SERVICE PROVIDER, MERCHANT OF            RECORD, OR GENERAL CONTRACTOR

The Supported Nurse is not the health care provider or service provider and is not in the business of providing the services, counseling, wellness programs, etc... displayed on this platform. The Supported Nurse is not responsible in any way for the provision of services or sale of goods offered by such service provider. The Supported Nurse is not a merchant of record or general contractor. When you engage with a service provider through our platform, any service contract is established directly between you and that provider. We are not responsible for the delivery or quality of those services. The Supported Nurse is merely operating the Site as a platform that helps connect you with the service provider. The Supported Nurse is not a referral service and does not refer, recommend or endorse any particular service provider, test, procedure, opinion, or other information that may appear through the Site or Services. If you rely on the Site or Services, you do so solely at your own risk. We encourage you to independently confirm the validity of any service provider or services relevant to you with other sources, including the service provider’s office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education. 

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   4. SERVICE PROVIDERS

The Supported Nurse does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers on the Site. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service provider, The Supported Nurse is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such service provider exclusively and do not involve The Supported Nurse. You are responsible for choosing your own service provider, including without limitation, determining whether the applicable service provider is suitable for your healthcare needs based on specialty, experience, qualification, licenses and other important facts and circumstances that could impact your care. You should make whatever investigation or other resources that you deem necessary or appropriate before engaging service providers. You agree that The Supported Nurse is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against The Supported Nurse relating to any interactions or dealings with any service provider, and release The Supported Nurse from any and all liability for or relating to any interactions or dealings with service providers. The Supported Nurse may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, THE SUPPORTED NURSE DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 5 (WARRANTY DISCLAIMER), OR SECTION 6 (LIMITATION OF LIABILITY).

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   5. WARRANTY DISCLAIMER

You acknowledge that The Supported Nurse has no control over, and no duty to take any action regarding: which users gain access to or use the Site; what effects the content on or in connection with the Site and third party services may have on you; how you may interpret or use the content on or in connection with the Site and services provided by third parties; or what actions you may take as a result of having been exposed to the content on or in connection with the Site and services provided by third parties. You release The Supported Nurse from all liability for you having acquired or not acquired content or information through the Site and services you may receive from a third party you became aware of from the Site. The Site and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. The Supported Nurse makes no representations concerning any content contained in or accessed through the Site and Services, and The Supported Nurse will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and services provided by third parties. The Supported Nurse makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timelines or completeness of that information and assumes no responsibility for any errors or omissions therein.
 

YOU ACCESS AND USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER THE SUPPORTED NURSE NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF THE SUPPORTED NURSE, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. THE SUPPORTED NURSE IS NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITE AND SERVICES. IN NO EVENT WILL THE SUPPORTED NURSE OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS.
 

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SUPPORTED NURSE OR THROUGH OR FROM THE SITE AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 
 

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, THE SUPPORTED NURSE DOES NOT REPRESENT OR WARRANT THAT (I) THE SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SUPPORTED NURSE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
 

THE SUPPORTED NURSE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE SUPPORTED NURSE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
 

The Site and Services may display links to other Internet sites or resources. Because The Supported Nurse has no control over such sites and resources, you acknowledge and agree that The Supported Nurse is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
 

You further acknowledge and agree that The Supported Nurse 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 use of or reliance on any such content, goods or services available on or through any such site or resource. 

 

   6. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SUPPORTED NURSE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE SUPPORTED NURSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM ANY USE OF THIS SITE OR SERVICES, YOUR USE OF THE SITE AND SERVICES, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE PROVIDER. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

TO THE EXTENT THE SUPPORTED NURSE IS FOUND LIABLE FOR ANYTHING RELATED TO YOUR USE OR OPERATION OF THE SITE OR SERVICES, THE SUPPORTED NURSE’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE SITE.

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   7. INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Supported Nurse, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) any goods or services purchased by or contracted by you through the Site or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. The Supported Nurse will have sole control of the defense of any such damage or claim.

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   8. GOVERNING LAW; JURISDICTION; STATUTE OF LIMITATIONS

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any choice or conflict of law provision or rule (either of the State of Wisconsin or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Wisconsin.

   

   9. CONSENT

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I UNDERSTAND THAT NOT READING THIS AGREEMENT AND/OR CLAIMING IGNORANCE IS NOT A DEFENSE AND I WILL BE BOUND BY ITS CONDITIONS REGARDLESS.